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The Special Educational Needs and Disability (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Duty of boards not to discriminate
This section has no associated Explanatory Memorandum

19.—(1) This Article applies to the functions of a board under—

(a)the 1986 Order (except Article 37 and Part VII);

(b)the Education Reform (Northern Ireland) Order 1989 (NI 20);

(c)the Education and Libraries (Northern Ireland) Order 1993 (NI 12);

(d)the 1996 Order;

(e)the Education (Northern Ireland) Order 1997 (NI 5);

(f)the Education (Northern Ireland) Order 1998 (NI 13);

(g)the Education and Libraries (Northern Ireland) Order 2003 (NI 12).

(2) But it does not apply to any prescribed function.

(3) In discharging a function to which this Article applies, it is unlawful for a board to discriminate against—

(a)a disabled pupil; or

(b)a disabled person who may be admitted to a school as a pupil.

(4) But an act done in the discharge of a function to which this Article applies is unlawful as a result of paragraph (3) only if no other provision of this Chapter makes that act unlawful.

(5) In the case of an act which constitutes discrimination by virtue of Article 43, this Article also applies to discrimination against a person who is not disabled.

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