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

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Residual duty: supplementary provisions
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20.—(1) Article 15 applies for the purposes of Article 19 as it applies for the purposes of Article 14 with the following modifications—

(a)references to a responsible body are to be read as references to a board; and

(b)references to Article 16 are to be read as references to paragraphs (2) to (4).

(2) Each board shall take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which Article 19 applies—

(a)disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b)disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(3) That does not require a board to—

(a)remove or alter a physical feature; or

(b)provide auxiliary aids or services.

(4) This Article imposes duties only for the purpose of determining whether a board has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

(5) A reference in Article 22, 25(3) or 26 to a responsible body is to be read as including a reference to a board in relation to a function to which Article 19 applies.

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