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

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II SPECIAL EDUCATIONAL NEEDS

    1. Education in ordinary schools

      1. 3.Education in ordinary schools of children with special educational needs

    2. General duties of boards

      1. 4.Advice and information for parents

      2. 5.Resolution of disputes

      3. 6.Compliance with orders of Tribunal

    3. Appeals

      1. 7.Appeal against content of statement

      2. 8.Unopposed appeals

    4. Identification and assessment of educational needs

      1. 9.Duty to inform parent where special educational provision made

      2. 10.Review or assessment of educational needs at request of responsible body

      3. 11.Duty to specify named school in statement

    5. Statements of special educational needs

      1. 12.Statements of special educational needs

  4. PART III DISABILITY DISCRIMINATION IN EDUCATION

    1. CHAPTER I SCHOOLS

      1. Interpretation of this Chapter

        1. 13.Interpretation of this Chapter

      2. Duties of responsible bodies

        1. 14.Discrimination against disabled pupils and prospective pupils

        2. 15.Meaning of “discrimination”

        3. 16.Disabled pupils not to be substantially disadvantaged

      3. Accessibility strategies and plans

        1. 17.Accessibility strategies of board

        2. 18.Accessibility plans for schools

      4. Residual duty of boards

        1. 19.Duty of boards not to discriminate

        2. 20.Residual duty: supplementary provisions

      5. Enforcement

        1. 21.Special Education Needs and Disability Tribunal for Northern Ireland

        2. 22.Jurisdiction and powers of the Tribunal

        3. 23.Procedure of the Tribunal

        4. 24.Expulsions

        5. 25.Role of the Department of Education

      6. Agreements relating to enforcement

        1. 26.Validity and revision of agreements

    2. CHAPTER II FURTHER AND HIGHER EDUCATION

      1. Interpretation of this Chapter

        1. 27.Interpretation of this Chapter

      2. Duties of responsible bodies

        1. 28.Discrimination against disabled students and prospective students

        2. 29.Meaning of “discrimination”

        3. 30.Disabled students not to be substantially disadvantaged

      3. Enforcement, etc.

        1. 31.Enforcement, remedies and procedures

        2. 32.Occupation of premises by educational institution

        3. 33.Validity and revision of agreements of responsible bodies

    3. CHAPTER III GENERAL QUALIFICATIONS BODIES

      1. 34.General qualifications bodies: discrimination and harassment

      2. 35.Meaning of “discrimination”

      3. 36.Meaning of “harassment”

      4. 37.General qualifications bodies: duty to make adjustments

      5. 38.Chapter III: claims, leased premises and certain agreements

      6. 39.Chapter III: regulations

    4. CHAPTER IV MISCELLANEOUS

      1. 40.Extension of role of Equality Commission

      2. 41.Codes of practice

      3. 42.Conciliation for disputes under this Part

      4. 43.Victimisation

      5. 44.Aiding unlawful acts

      6. 45.Liability of employers and principals

      7. 46.Statutory authority and national security

      8. 47.Application to Crown, etc.

      9. 48.Relationship of this Part with the 1995 Act

  5. PART IV SUPPLEMENTARY

    1. 49.Regulations and orders

    2. 50.Amendments and repeals

  6. Signature

  7. SCHEDULES

    1. SCHEDULE 1

      SCHEDULE SUBSTITUTED FOR SCHEDULE 2 TO THE 1996 ORDER

    2. SCHEDULE 2

      ENFORCEMENT AND PROCEDURE

      1. PART I DISCRIMINATION IN SCHOOLS

        1. Restriction on proceedings for breach of Chapter I of Part III

          1. 1.(1) Except as provided by Articles 22 and 24, no...

        2. Period within which proceedings must be brought

          1. 2.(1) The Tribunal shall not consider a claim under Article...

        3. Evidence

          1. 3.(1) In any proceedings under Article 22 or 24, a...

      2. PART II DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS

        1. Restriction on proceedings for breach of Chapter II of Part III

          1. 4.(1) Except as provided by Article 31, no civil or...

        2. Period within which proceedings must be brought

          1. 5.(1) A county court shall not consider a claim under...

        3. Compensation for injury to feelings

          1. 6.In any proceedings under Article 31, the amount of any...

        4. Evidence

          1. 7.(1) In any proceedings under Article 31, a certificate signed...

    3. SCHEDULE 3

      PREMISES OCCUPIED BY EDUCATIONAL INSTITUTIONS UNDER LEASES

      1. Failure to obtain consent

        1. 1.If any question arises as to whether a responsible body...

      2. Reference to court

        1. 2.(1) If the responsible body has applied in writing to...

      3. Joining lessors in proceedings under Article 31

        1. 3.(1) In proceedings on a claim under Article 31, in...

      4. Regulations

        1. 4.Regulations may make provision as to circumstances in which—

      5. Sub-leases etc.

        1. 5.Regulations may make provision supplementing, or modifying, Article 32 or...

    4. SCHEDULE 4

      AMENDMENTS TO THE EQUALITY (DISABILITY, ETC.) (NORTHERN IRELAND) ORDER 2000

      1. 1.The Equality (Disability, etc.) (Northern Ireland) Order 2000 (NI 2)...

      2. 2.In Article 3(1) (interpretation) at the end add— “the 2005...

      3. 3.In Article 4 (general functions of Equality Commission),in paragraph (5)—...

      4. 4.In Article 6 (non-discrimination notices), in paragraph (5), after “1995...

      5. 5.In Article 7 (agreements in lieu of enforcement action), in...

      6. 6.In paragraph (1) of Article 8 (persistent discrimination), for sub-paragraph...

      7. 7.In paragraph (4) of that Article, after “1995 Act” substitute...

      8. 8.In Article 9(1) (proceedings in relation to which assistance may...

      9. 9.In paragraph 3(10) of Schedule 1 (formal investigations and non-discrimination...

    5. SCHEDULE 5

      MINOR AND CONSEQUENTIAL AMENDMENTS

      1. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

        1. 1.(1) Paragraph 1B of Schedule 13 (amendment of statement on...

      2. The Education (Northern Ireland) Order 1996 (NI 1)

        1. 2.In Article 12 (provision for children with special educational needs...

        2. 3.In Article 15(1)(a) (assessment of special educational needs), for “proposes”...

        3. 4.(1) In Article 17 (appeal against decision not to make...

        4. 5.(1) In Article 20 (reviews of educational needs), in paragraph...

        5. 6.In Article 22 (the Special Educational Needs Tribunal for Northern...

        6. 7.(1) Article 23 (Tribunal procedure) is amended as follows.

        7. 8.(1) Paragraph 3 of Schedule 1 (manner and timing of...

        8. 9.In paragraph 4(1) of Schedule 1 (making of assessments under...

      3. The Justice (Northern Ireland) Act 2002 (c. 26)

        1. 10.In Schedule 1 (listed judicial offices) and Schedule 6 (office...

    6. SCHEDULE 6

      REPEALS

  8. Explanatory Note

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