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The Special Educational Needs and Disability (Northern Ireland) Order 2005, Section 32 is up to date with all changes known to be in force on or before 07 February 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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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