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

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Occupation of premises by educational institutionN.I.
This sectionnoteType=Explanatory Memorandum has no associated

32.  (1)  This Article applies if—

(a)premises are occupied by an educational institution under a lease;

(b)but for this Article, the responsible body would not be entitled to make a particular alteration to the premises; and

(c)the alteration is one which the responsible body proposes to make in order to comply with Article 30 [F1or Article 30A(5)] .

(2) Except to the extent to which it expressly so provides, the lease has effect, as a result of this paragraph, as if it provided—

(a )F2for the responsible body to be entitled to make the alteration with the written consent of the lessor;

(b )F2for the responsible body to have to make a written application to the lessor for consent if it wishes to make the alteration;

(c )F2if such an application is made, for the lessor not to withhold his consent unreasonably; and

(d )F2for the lessor to be entitled to make his consent subject to reasonable conditions.

F2(3) In this Article—

“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and

“sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

(4) If the terms and conditions of a lease—

(a)impose conditions which are to apply if the responsible body alters the premises, or

(b)entitle the lessor to impose conditions when consenting to the responsible body's altering the premises,

the responsible body is to be treated for the purposes of paragraph (1) as not being entitled to make the alteration.

(5) Schedule 3 supplements the provisions of this Article.

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F2mod. by SR 2005/371

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Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

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