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

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Codes of practiceN.I.

This sectionnoteType=Explanatory Memorandum has no associated

41.  (1)  Section 54A of the 1995 Act (codes of practice) is amended as follows.

(2) For subsection (1) substitute—

(1) The Commission may prepare and issue codes of practice giving practical guidance on how to avoid acts which are unlawful under Part II or III of this Act or Part III of the 2005 Order, or on any other matter relating to the operation of any provision of Part II or III of this Act or Part III of the 2005 Order, to—

(a)employers;

(b)service providers;

(c)bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or

(d)other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order apply.

(1A) The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to—

(a)promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or

(b)encouraging good practice in the way such persons are treated,

in any field of activity regulated by any provision of Part II or III of this Act or Part III of the 2005 Order.

(1B) Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under Article 17 or 18 of the 2005 Order. .

(3) In subsection (8) after “Part III” insert “ or Part III of the 2005 Order ”.

(4) At the end add—

(10) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

(a)any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or

(b)any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the Department of Education.

(11) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

(a)any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or

(b)any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the Department for Employment and Learning.

(12) Practical guidance which but for this subsection would fall to be contained in separate codes of practice by virtue of subsections (10) and (11) may be contained in a single code of practice; and in relation to any such code of practice any reference in this section to the Office shall be read as a reference to the Department of Education and the Department for Employment and Learning, acting jointly. .

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Explanatory Memorandum

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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