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Explanatory Memorandum to Special Educational Needs and Disability (Northern Ireland) Order 2005

Article 32 and Schedule 3: Occupation of premises by educational institutions

68.These provisions relate to how responsible bodies should comply with their duty to make reasonable adjustments to premises they occupy under a lease.

69.Where the lease of a property forbids an institution from making the alterations needed to comply, or puts conditions on these, it can nonetheless make the alterations if it has the written consent of the owner/lessor; but it must apply to the landlord in writing for consent. The landlord cannot refuse consent unreasonably, although he can attach reasonable conditions. Regulations may outline what will be regarded as withholding consent and when it is reasonable or unreasonable to do so.

70.Schedule 3 provides for the owner/lessor to be joined in any action against an institution.

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