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Disability Discrimination Act 1995

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Part IVE+W+S+N.I. Education

[F1Chapter 1 E+W+S SCHOOLS]

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Amendments (Textual)

F1Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F2 Duties of responsible bodies]E+W+S

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Amendments (Textual)

F2Pt. IV Ch. 1: Cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F328A Discrimination against disabled pupils and prospective pupilsE+W+S

(1)It is unlawful for the body responsible for a school to discriminate against a disabled person—

(a)in the arrangements it makes for determining admission to the school as a pupil;

(b)in the terms on which it offers to admit him to the school as a pupil; or

(c)by refusing or deliberately omitting to accept an application for his admission to the school as a pupil.

(2)It is unlawful for the body responsible for a school to discriminate against a disabled pupil in the education or associated services provided for, or offered to, pupils at the school by that body.

(3)The Secretary of State may by regulations prescribe services which are, or services which are not, to be regarded for the purposes of subsection (2) as being—

(a)education; or

(b)an associated service.

(4)It is unlawful for the body responsible for a school to discriminate against a disabled pupil by excluding him from the school, whether permanently or temporarily.

(5)The body responsible for a school is to be determined in accordance with Schedule 4A, and in the remaining provisions of this Chapter is referred to as the “responsible body”.

(6)In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.]

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Amendments (Textual)

F3S. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F428B Meaning of “discrimination”E+W+S

(1)For the purposes of section 28A, a responsible body discriminates against a disabled person if—

(a)for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

(b)it cannot show that the treatment in question is justified.

(2)For the purposes of section 28A, a responsible body also discriminates against a disabled person if—

(a)it fails, to his detriment, to comply with section 28C; and

(b)it cannot show that its failure to comply is justified.

(3)In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows—

(a)that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and

(b)that its failure to take the step was attributable to that lack of knowledge.

(4)The taking of a particular step by a responsible body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled.

(5)Subsections (6) to (8) apply in determining whether, for the purposes of this section—

(a)less favourable treatment of a person, or

(b)failure to comply with section 28C,

is justified.

(6)Less favourable treatment of a person is justified if it is the result of a permitted form of selection.

(7)Otherwise, less favourable treatment, or a failure to comply with section 28C, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.

(8)If, in a case falling within subsection (1)—

(a)the responsible body is under a duty imposed by section 28C in relation to the disabled person, but

(b)it fails without justification to comply with that duty,

its treatment of that person cannot be justified under subsection (7) unless that treatment would have been justified even if it had complied with that duty.]

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Amendments (Textual)

F4S. 28B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 12 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F528C Disabled pupils not to be substantially disadvantagedE+W+S

(1)The responsible body for a school must take such steps as it is reasonable for it to have to take to ensure that—

(a)in relation to the arrangements it makes for determining the admission of pupils to the school, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b)in relation to education and associated services provided for, or offered to, pupils at the school by it, disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(2)That does not require the responsible body to—

(a)remove or alter a physical feature (for example, one arising from the design or construction of the school premises or the location of resources); or

(b)provide auxiliary aids or services.

(3)Regulations may make provision, for the purposes of this section—

(a)as to circumstances in which it is reasonable for a responsible body to have to take steps of a prescribed description;

(b)as to steps which it is always reasonable for a responsible body to have to take;

(c)as to circumstances in which it is not reasonable for a responsible body to have to take steps of a prescribed description;

(d)as to steps which it is never reasonable for a responsible body to have to take.

(4)In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A.

(5)Subsection (6) applies if, in relation to a person, a confidentiality request has been made of which a responsible body is aware.

(6)In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under subsection (1), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.

(7)Confidentiality request” means a request which asks for the nature, or asks for the existence, of a disabled person’s disability to be treated as confidential and which satisfies either of the following conditions—

(a)it is made by that person’s parent; or

(b)it is made by that person himself and the responsible body reasonably believes that he has sufficient understanding of the nature of the request and of its effect.

(8)This section imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]

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Amendments (Textual)

F5S. 28C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 13 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C1S. 28C: Functions of a local education authority made exercisable by authorised persons (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (q)

[F628D Accessibility strategies and plansE+W+S

(1)Each local education authority must prepare, in relation to schools for which they are the responsible body—

(a)an accessibility strategy;

(b)further such strategies at such times as may be prescribed.

(2)An accessibility strategy is a strategy for, over a prescribed period—

(a)increasing the extent to which disabled pupils can participate in the schools’ curriculums;

(b)improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the schools; and

(c)improving the delivery to disabled pupils—

(i)within a reasonable time, and

(ii)in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils who are not disabled.

(3)An accessibility strategy must be in writing.

(4)Each local education authority must keep their accessibility strategy under review during the period to which it relates and, if necessary, revise it.

(5)It is the duty of each local education authority to implement their accessibility strategy.

(6)An inspection under section 38 of the Education Act 1997 (inspections of local education authorities) may extend to the performance by a local education authority of their functions in relation to the preparation, review, revision and implementation of their accessibility strategy.

(7)Subsections (8) to (13) apply to—

(a)maintained schools;

(b)independent schools; and

(c)special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996.

(8)The responsible body must prepare—

(a)an accessibility plan;

(b)further such plans at such times as may be prescribed.

(9)An accessibility plan is a plan for, over a prescribed period—

(a)increasing the extent to which disabled pupils can participate in the school’s curriculum;

(b)improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the school; and

(c)improving the delivery to disabled pupils—

(i)within a reasonable time, and

(ii)in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils who are not disabled.

(10)An accessibility plan must be in writing.

(11)During the period to which the plan relates, the responsible body must keep its accessibility plan under review and, if necessary, revise it.

(12)It is the duty of the responsible body to implement its accessibility plan.

(13)An inspection under the School Inspections Act 1996 may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan.

(14)For a maintained school, the duties imposed by subsections (8) to (12) are duties of the governing body.

(15)Regulations may prescribe services which are, or services which are not, to be regarded for the purposes of this section as being—

(a)education; or

(b)an associated service.

(16)In this section and in section 28E, “local education authority” has the meaning given in section 12 of the Education Act 1996.

(17)In relation to Wales—

  • prescribed” means prescribed in regulations; and

  • regulations” means regulations made by the National Assembly.

(18)Disabled pupil” includes a disabled person who may be admitted to the school as a pupil.

(19)Maintained school” and “independent school” have the meaning given in section 28Q(5).]

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Amendments (Textual)

F6S. 28D inserted (E.W.S.) (1.7.2002 for specified purposes and otherwise 1.9.2002 for E.S.; andprosp. for W.) by 2001 c. 10, ss. 14(1), 43(3) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. II; S.I. 2002/2217, art. 4, Sch. 1 Pt. II

Modifications etc. (not altering text)

C2S. 28D(1)-(3)(5)(6): Functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (r)

[F728E Accessibility strategies and plans: procedureE+W+S

(1)In preparing their accessibility strategy, a local education authority must have regard to—

(a)the need to allocate adequate resources for implementing the strategy; and

(b)any guidance issued as to—

(i)the content of an accessibility strategy;

(ii)the form in which it is to be produced; and

(iii)the persons to be consulted in its preparation.

(2)A local education authority must have regard to any guidance issued as to compliance with the requirements of section 28D(4).

(3)Guidance under subsection (1)(b) or (2) may be issued—

(a)for England, by the Secretary of State; and

(b)for Wales, by the National Assembly.

(4)In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan.

(5)If the Secretary of State asks for a copy of—

(a)the accessibility strategy prepared by a local education authority in England, or

(b)the accessibility plan prepared by the proprietor of an independent school (other than [F8an Academy]) in England,

the strategy or plan must be given to him.

(6)If the National Assembly asks for a copy of—

(a)the accessibility strategy prepared by a local education authority in Wales, or

(b)the accessibility plan prepared by the proprietor of an independent school [F9(other than an Academy)] in Wales,

the strategy or plan must be given to it.

(7)If asked to do so, a local education authority must make a copy of their accessibility strategy available for inspection at such reasonable times as they may determine.

(8)If asked to do so, the proprietor of an independent school which is not [F10an Academy] must make a copy of his accessibility plan available for inspection at such reasonable times as he may determine.]

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Amendments (Textual)

F7S. 28E inserted (E.W.S.) (1.7.2002 for specified purposes and otherwise 1.9.2002 for E.S. andprosp. for W.) by 2001 c. 10, ss. 15, 43(3) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. II; S.I. 2002/2217, art. 4, Sch. 1 Pt. II

[F11 Residual duty of education authorities]E+W+S

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Amendments (Textual)

F11Pt. IV Ch. 1: Cross-heading and ss. 28F, 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F1228F Duty of education authorities not to discriminateE+W+S

(1)This section applies to—

(a)the functions of a local education authority under the Education Acts; and

(b)the functions of an education authority under—

(i)the Education (Scotland) Act 1980;

(ii)the Education (Scotland) Act 1996; and

(iii)the Standards in Scotland’s Schools etc. Act 2000.

(2)But it does not apply to any prescribed function.

(3)In discharging a function to which this section applies, it is unlawful for the authority to discriminate against—

(a)a disabled pupil; or

(b)a disabled person who may be admitted to a school as a pupil.

(4)But an act done in the discharge of a function to which this section applies is unlawful as a result of subsection (3) only if no other provision of this Chapter makes that act unlawful.

(5)In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

(6)In this section and section 28G, “local education authority” has the meaning given in section 12 of the Education Act 1996.

(7)The Education Acts” has the meaning given in section 578 of the Education Act 1996.

(8)In this section and section 28G, “education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.]

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Amendments (Textual)

F12S. 28F inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F1328G Residual duty: supplementary provisionsE+W+S

(1)Section 28B applies for the purposes of section 28F as it applies for the purposes of section 28A with the following modifications—

(a)references to a responsible body are to be read as references to an authority; and

(b)references to section 28C are to be read as references to subsections (2) to (4).

(2)Each authority must take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which section 28F applies—

(a)disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b)disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(3)That does not require the authority to—

(a)remove or alter a physical feature; or

(b)provide auxiliary aids or services.

(4)This section imposes duties only for the purpose of determining whether an authority has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

(5)A reference in sections 28I, 28K(1), 28M(6) and 28P to a responsible body is to be read as including a reference to a local education authority in relation to a function to which section 28F applies.

(6)A reference in section 28N and 28P to a responsible body is to be read as including a reference to an education authority in relation to a function to which section 28F applies.

(7)Authority” means—

(a)in relation to England and Wales, a local education authority; and

(b)in relation to Scotland, an education authority.]

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Amendments (Textual)

F13S. 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F14 Enforcement: England and Wales]E+W+S

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Amendments (Textual)

F14Pt. IV Ch. 1: Cross-heading and s. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F1628H[F15Tribunals]E+W+S

(1)The Special Educational Needs Tribunal—

(a)is to continue to exist; but

(b)after the commencement date is to be known as the Special Educational Needs and Disability Tribunal.

[F17(2)In this Chapter—

  • the Tribunal” means the Special Educational Needs and Disability Tribunal, and

  • the Welsh Tribunal” means the Special Educational Needs Tribunal for Wales.

(3)In addition to the jurisdiction of those tribunals under Part 4 of the Education Act 1996, each of them is to exercise the jurisdiction conferred on it by this Chapter.]

(3)In addition to its jurisdiction under Part 4 of the Education Act 1996, the Tribunal is to exercise the jurisdiction conferred on it by this Chapter.

(4)Commencement date” means the day on which section 17 of the Special Educational Needs and Disability Act 2001 comes into force.]

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Amendments (Textual)

F15S. 28H heading substituted (31.3.2003 for certain purposes otherwise 1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 8(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, arts. 5, 6, Sch. Pt. II, III

F16S. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F17S. 28H(2)(3) substituted (31.3.2003 for certain purposes otherwise 1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 8(1) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, arts. 5, 6, Sch. Pt. II, III

[F1828I Jurisdiction and powers of the TribunalE+W+S

(1)A claim that a responsible body—

(a)has discriminated against a person (“A”) in a way which is made unlawful under this Chapter, or

(b)is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way,

may be made to the [F19appropriate tribunal] by A’s parent.

(2)But this section does not apply to a claim to which section 28K or 28L applies.

(3)If the [F19appropriate tribunal] considers that a claim under subsection (1) is well founded—

(a)it may declare that A has been unlawfully discriminated against; and

(b)if it does so, it may make such order as it considers reasonable in all the circumstances of the case.

(4)The power conferred by subsection (3)(b)—

(a)may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates; but

(b)does not include power to order the payment of any sum by way of compensation.

[F20(5)Subject to regulations under section 28J(8), the appropriate tribunal—

(a)for a claim against the responsible body for a school in England, is the Tribunal,

(b)for a claim against the responsible body for a school in Wales, is the Welsh Tribunal.]]

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Amendments (Textual)

[F2128J ProcedureE+W+S

(1)Regulations may make provision about—

(a)the proceedings of the Tribunal on a claim of unlawful discrimination under this Chapter; and

(b)the making of a claim.

(2)The regulations may, in particular, include provision—

(a)as to the manner in which a claim must be made;

(b)if the jurisdiction of the Tribunal is being exercised by more than one tribunal—

(i)for determining by which tribunal any claim is to be heard, and

(ii)for the transfer of proceedings from one tribunal to another;

(c)for enabling functions which relate to matters preliminary or incidental to a claim (including, in particular, decisions under paragraph 10(3) of Schedule 3) to be performed by the President, or by the chairman;

(d)enabling hearings to be conducted in the absence of any member other than the chairman;

(e)as to the persons who may appear on behalf of the parties;

(f)for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court;

(g)requiring persons to attend to give evidence and produce documents;

(h)for authorising the administration of oaths to witnesses;

(i)for the determination of claims without a hearing in prescribed circumstances;

(j)as to the withdrawal of claims;

(k)for enabling the Tribunal to stay proceedings on a claim;

(l)for the award of costs or expenses;

(m)for taxing or otherwise settling costs or expenses (and, in particular, for enabling costs to be taxed in the county court);

(n)for the registration and proof of decisions and orders; and

(o)for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be determined in accordance with the regulations.

[F22(2A)If made with the agreement of the National Assembly, the regulations apply to the Welsh Tribunal as they apply to the Tribunal, subject to such modifications as may be specified in the regulations.]

(3)Proceedings before the Tribunal [F23or the Welsh Tribunal] are to be held in private, except in prescribed circumstances.

F24(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal [F23or the Welsh Tribunal] as he may, with the consent of the Treasury, determine.

(6)In relation to [F25the Welsh Tribunal], the power conferred by subsection (5) may be exercised only with the agreement of the National Assembly.

(7)Part 1 of the Arbitration Act 1996 does not apply to proceedings before the Tribunal [F23or the Welsh Tribunal] but regulations may make provision, in relation to such proceedings, corresponding to any provision of that Part.

(8)The regulations may make provision for a claim under this Chapter to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996 [F26, including provision—

(a)for determining the appropriate tribunal for the purposes of section 28I for such a claim, and

(b)for the transfer of proceedings between the Tribunal and the Welsh Tribunal.]]

(9)A person who without reasonable excuse fails to comply with—

(a)a requirement in respect of the disclosure or inspection of documents imposed by the regulations by virtue of subsection (2)(f), or

(b)a requirement imposed by the regulations by virtue of subsection (2)(g),

is guilty of an offence.

(10)A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11)Part 3 of Schedule 3 makes further provision about enforcement of this Chapter and about procedure.

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Amendments (Textual)

F21S. 28J inserted (1.7.2002 for certain purposes otherwise 1.9.2002) by 2001 c. 10, s. 19(1) (with s. 43(13)); S.I. 2002/1721, art. 3, Sch. Pt. I; S.I. 2002/2217, art. 3, Sch. 1 Pt. I

[F2728K AdmissionsE+W+S

(1)If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an admissions decision that a responsible body—

(a)has discriminated against a person (“A”) in a way which is made unlawful under this Chapter; or

(b)is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way.

(2)The condition is that arrangements (“appeal arrangements”) have been made—

(a)under section 94 of the School Standards and Framework Act 1998, or

(b)under an agreement entered into between the responsible body for [F28an Academy] and the Secretary of State under section 482 of the Education Act 1996,

enabling an appeal to be made against the decision by A’s parent.

(3)The claim must be made under the appeal arrangements.

(4)The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.

(5)Admissions decision” means—

(a)a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;

(b)a decision as to the admission of a person to [F28an Academy] taken by the responsible body or on its behalf.]

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Amendments (Textual)

F27S. 28K inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 20 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F2928L ExclusionsE+W+S

(1)If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an exclusion decision that a responsible body—

(a)has discriminated against a person (“A”) in a way which is made unlawful under this Chapter; or

(b)is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way.

(2)The condition is that arrangements (“appeal arrangements”) have been made—

(a)under [F30section 52(3)(c) of the Education Act 2002], or

(b)under an agreement entered into between the responsible body for [F31an Academy] and the Secretary of State under section 482 of the Education Act 1996,

enabling an appeal to be made against the decision by A or by his parent.

(3)The claim must be made under the appeal arrangements.

(4)The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.

(5)Exclusion decision” means—

(a)a decision of a kind mentioned in [F30section 52(3)(c) of the Education Act 2002];

(b)a decision not to reinstate a pupil who has been permanently excluded from [F31an Academy] by its head teacher, taken by the responsible body or on its behalf.

(6)Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under paragraph 4 of Schedule 11 to the School Standards and Framework Act 1998.

(7)Maintained school” has the meaning given in section 28Q(5).]

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Amendments (Textual)

F29S. 28L inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 21 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F30Words in s. 28L(2)(a)(5)(a) substituted (20.1.2003 for E. and otherwiseprosp.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 27(2) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2

[F3228M Roles of the Secretary of State and the National AssemblyE+W+S

(1)If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

(a)has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under section 28D or 28E, or

(b)has failed to discharge a duty imposed by or under either of those sections,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

(2)Subsection (3) applies in relation to—

(a)special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996; and

(b)city academies.

(3)If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

(a)has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to—

(i)the provision to the appropriate authority of copies of that body’s accessibility plan, or

(ii)the inspection of that plan, or

(b)has failed to discharge that duty,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

(4)Directions may be given under subsection (1) or (3) even if the performance of the duty is contingent upon the opinion of the responsible body.

(5)Subsection (6) applies if the Tribunal [F33or the Welsh Tribunal] has made an order under section 28I(3).

(6)If the Secretary of State is satisfied (whether on a complaint or otherwise) that the responsible body concerned—

(a)has acted, or is proposing to act, unreasonably in complying with the order, or

(b)has failed to comply with the order,

he may give that body such directions as to compliance with the order as appear to him to be expedient.

(7)Directions given under subsection (1), (3) or (6)—

(a)may be varied or revoked by the directing authority; and

(b)may be enforced, on the application of the directing authority, by a mandatory order obtained in accordance with section 31 of the Supreme Court Act 1981.

(8)Appropriate authority” means—

(a)in relation to England, the Secretary of State; and

(b)in relation to Wales, the National Assembly.

(9)Directing authority” means—

(a)the Secretary of State in relation to a direction given by him; and

(b)the National Assembly in relation to a direction given by it.]

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Amendments (Textual)

F32S. 28M inserted (E.W.S.) (1.9.2002 for certain purposes otherwiseprosp.) by 2001 c. 10, ss. 22, 43(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F34 Enforcement: Scotland]E+W+S

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Amendments (Textual)

F34Pt. IV Ch. 1: Cross-heading and s. 28N inserted (1.9.2002) by 2001 c. 10, s. 23 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F3528N Civil proceedingsE+W+S

(1)A claim that a responsible body in Scotland—

(a)has discriminated against a person in a way which is unlawful under this Chapter, or

(b)is by virtue of section 58 to be treated as having discriminated against a person in such a way,

may be made the subject of civil proceedings in the same way as any other claim for the enforcement of a statutory duty.

(2)Proceedings in Scotland may be brought only in a sheriff court.

(3)The remedies available in such proceedings are those which are available in the Court of Session other than an award of damages.

(4)Part 3 of Schedule 3 makes further provision about the enforcement of this Chapter and about procedure.

(5)In relation to civil proceedings in Scotland, in that Part of that Schedule—

(a)references to sections 28I, 28K and 28L, or any of them, are to be construed as a reference to this section;

(b)references to the Tribunal are to be construed as references to the sheriff court.]

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Amendments (Textual)

[F36 Agreements relating to enforcement]E+W+S

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Amendments (Textual)

F36Pt. IV Ch. 1: Cross-heading and s. 28P inserted (1.9.2002) by 2001 c. 10, s. 24 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F3728P Validity and revision of agreements of responsible bodiesE+W+S

(1)Any term in a contract or other agreement made by or on behalf of a responsible body is void so far as it purports to—

(a)require a person to do anything which would contravene any provision of, or made under, this Chapter;

(b)exclude or limit the operation of any provision of, or made under, this Chapter; or

(c)prevent any person from making a claim under this Chapter.

(2)Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim—

(a)under section 28I or 28N; or

(b)to which section 28K or 28L applies.

(3)On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).

(4)No such order may be made unless all persons affected have been—

(a)given notice of the application; and

(b)afforded an opportunity to make representations to the court.

(5)Subsection (4) applies subject to any rules of court providing for notice to be dispensed with.

(6)An order under subsection (3) may include provision as respects any period before the making of the order.]

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Amendments (Textual)

[F38 Interpretation of Chapter 1]E+W+S

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Amendments (Textual)

F38Pt. IV Ch. 1: Cross-heading and s. 28Q inserted (1.9.2002) by 2001 c. 10, s. 25 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F3928Q InterpretationE+W+S

(1)This section applies for the purpose of interpreting this Chapter.

(2)Disabled pupil” means a pupil who is a disabled person.

(3)Pupil”—

(a)in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996; and

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(4)Except in relation to Scotland (when it has the meaning given in section 135(1) of the Education (Scotland) Act 1980) “school” means—

(a)a maintained school;

(b)a maintained nursery school;

(c)an independent school;

(d)a special school which is not a maintained special school but which is approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996;

(e)a pupil referral unit.

(5)In subsection (4)—

  • maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;

  • maintained nursery school” has the meaning given in section 22(9) of the School Standards and Framework Act 1998;

  • independent school” has the meaning given in section 463 of the Education Act 1996; and

  • pupil referral unit” has the meaning given in section 19(2) of the Education Act 1996.

(6)Responsible body” has the meaning given in section 28A(5).

(7)Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with Schedule 9 to the School Standards and Framework Act 1998) which the school has as a result of section 36 of that Act.

(8)Parent”—

(a)in relation to England and Wales, has the meaning given in section 576 of the Education Act 1996; and

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(9)In relation to England and Wales “permitted form of selection” means—

(a)if the school is a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, any form of selection mentioned in section 99(2) or (4) of that Act;

(b)if the school is a maintained school which is so designated, any of its selective admission arrangements;

(c)if the school is an independent school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(10)In relation to Scotland, “permitted form of selection” means—

(a)if the school is managed by an education authority, such arrangements as have been approved by the Scottish Ministers for the selection of pupils for admission;

(b)if the school is an independent school or a self-governing school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(11)In subsection (10), “education authority”, “independent school” and “self-governing school” have the meaning given in section 135(1) of the Education (Scotland) Act 1980.

[F40(12)City academy” means a school which is known as a city academy as a result of subsection (3) or (3A) of section 482 of the Education Act 1996.]

(13)Accessibility strategy” and “accessibility plan” have the meaning given in section 28D.

(14)The National Assembly” means the National Assembly for Wales.]

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Amendments (Textual)

F40S. 28Q(12) ceased to have effect (26.7.2002) and repealed (26.7.2002 for E.S and otherwiseprosp.) by 2002 c. 32, s. 65, 215(2), 216, Sch. 7 para. 5(5), Sch. 22 Pt. III (with ss. 210(8), 214(4)); S.I. 2002/2002, arts. 2, 3

[F41Chapter 2E+W+S+N.I. FURTHER AND HIGHER EDUCATION]

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Amendments (Textual)

F41Pt. IV Ch. 2: Chapter heading, cross-heading and s. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F42 Duties of responsible bodies]E+W+S

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Amendments (Textual)

F42Pt. IV Ch. 2: Cross-heading and s. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13)); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F4328R Discrimination against disabled students and prospective studentsE+W+S

(1)It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—

(a)in the arrangements it makes for determining admissions to the institution;

(b)in the terms on which it offers to admit him to the institution; or

(c)by refusing or deliberately omitting to accept an application for his admission to the institution.

(2)It is unlawful for the body responsible for an educational institution to discriminate against a disabled student in the student services it provides, or offers to provide.

(3)It is unlawful for the body responsible for an educational institution to discriminate against a disabled student by excluding him from the institution, whether permanently or temporarily.

(4)In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

(5)The body responsible for an educational institution is to be determined in accordance with Schedule 4B, and in the remaining provisions of this Chapter is referred to as the “responsible body”.

(6)Educational institution”, in relation to England and Wales, means an institution—

(a)within the higher education sector;

(b)within the further education sector; or

(c)designated in an order made by the Secretary of State.

(7)Educational institution”, in relation to Scotland, means—

(a)an institution within the higher education sector (within the meaning of section 56(2) of the Further and Higher Education (Scotland) Act 1992);

(b)a college of further education with a board of management within the meaning of section 36 of that Act;

(c)a central institution within the meaning of section 135 of the Education (Scotland) Act 1980;

(d)a college of further education maintained by an education authority in the exercise of their further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of that Act;

(e)an institution designated in an order made by the Secretary of State.

(8)Subsection (6) is to be read with section 91 of the Further and Higher Education Act 1992.

(9)The Secretary of State may not make an order under subsection (6)(c) or (7)(e) unless he is satisfied that the institution concerned is wholly or partly funded from public funds.

(10)Before making an order under subsection (7)(e), the Secretary of State must consult the Scottish Ministers.

(11)Student services” means services of any description which are provided wholly or mainly for students.

(12)Regulations may make provision as to services which are, or are not, to be regarded for the purposes of subsection (2) as student services.]

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Amendments (Textual)

F43S. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13)); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F4428S Meaning of “discrimination”E+W+S

(1)For the purposes of section 28R, a responsible body discriminates against a disabled person if—

(a)for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

(b)it cannot show that the treatment in question is justified.

(2)For the purposes of section 28R, a responsible body also discriminates against a disabled person if—

(a)it fails, to his detriment, to comply with section 28T; and

(b)it cannot show that its failure to comply is justified.

(3)In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows—

(a)that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and

(b)that its failure to take the step was attributable to that lack of knowledge.

(4)The taking of a particular step by a responsible body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled.

(5)Subsections (6) to (9) apply in determining whether, for the purposes of this section—

(a)less favourable treatment of a person, or

(b)failure to comply with section 28T,

is justified.

(6)Less favourable treatment of a person is justified if it is necessary in order to maintain—

(a)academic standards; or

(b)standards of any other prescribed kind.

(7)Less favourable treatment is also justified if—

(a)it is of a prescribed kind;

(b)it occurs in prescribed circumstances; or

(c)it is of a prescribed kind and it occurs in prescribed circumstances.

(8)Otherwise less favourable treatment, or a failure to comply with section 28T, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.

(9)If, in a case falling within subsection (1)—

(a)the responsible body is under a duty imposed by section 28T in relation to the disabled person, but

(b)fails without justification to comply with that duty,

its treatment of that person cannot be justified under subsection (8) unless that treatment would have been justified even if it had complied with that duty.]

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Amendments (Textual)

[F4528T Disabled students not to be substantially disadvantagedE+W+S

(1)The responsible body for an educational institution must take such steps as it is reasonable for it to have to take to ensure that—

(a)in relation to the arrangements it makes for determining admissions to the institution, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b)in relation to student services provided for, or offered to, students by it, disabled students are not placed at a substantial disadvantage in comparison with students who are not disabled.

(2)In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A.

(3)Subsection (4) applies if a person has made a confidentiality request of which a responsible body is aware.

(4)In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under subsection (1), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.

(5)Confidentiality request” means a request made by a disabled person, which asks for the nature, or asks for the existence, of his disability to be treated as confidential.

(6)This section imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]

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Amendments (Textual)

F45S. 28T inserted (1.9.2002) by 2001 c. 10, s. 28 (with s. 43(13)); S.I. 2002/2217, arts. 5, 6

Modifications etc. (not altering text)

C3S. 28T: Functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (s)

C4S. 28T(1) applied (with modifications) (temp.) by S.I. 2002/2217, art. 6, Sch. 2

[F46 Other providers of further education or training facilities]E+W+S

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Amendments (Textual)

F46Pt. IV Ch. 2: Cross-heading and s. 28U inserted (1.9.2002) by 2001 c. 10, s. 29 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F4728U Further education etc. provided by local education authorities and schoolsE+W+S

(1)Part 1 of Schedule 4C modifies this Chapter for the purpose of its application in relation to—

(a)higher education secured by a local education authority;

(b)further education—

(i)secured by a local education authority; or

(ii)provided by the governing body of a maintained school;

(c)recreational or training facilities secured by a local education authority.

(2)Part 2 of that Schedule modifies this Chapter for the purpose of its application in relation to—

(a)further education, within the meaning of section 1(5)(b)(iii) of the Education (Scotland) Act 1980;

(b)facilities whose provision is secured by an education authority under section 1(3) of that Act.]

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Amendments (Textual)

F47S. 28U inserted (1.9.2002) by 2001 c. 10, s. 29 (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F48 Enforcement, etc.]E+W+S+N.I.

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Amendments (Textual)

F48Pt. IV Ch. 2: Cross-heading and s. 28V inserted (1.9.2002) by 2001 c. 10, s. 30 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F4928V Enforcement, remedies and procedureE+W+S

(1)A claim by a person—

(a)that a responsible body has discriminated against him in a way which is unlawful under this Chapter,

(b)that a responsible body is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way, or

(c)that a person is by virtue of section 57 to be treated as having discriminated against him in such a way,

may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2)For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.

(3)Proceedings in England and Wales may be brought only in a county court.

(4)Proceedings in Scotland may be brought only in a sheriff court.

(5)The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

(6)The fact that a person who brings proceedings under this Part against a responsible body may also be entitled to bring proceedings against that body under Part 2 is not to affect the proceedings under this Part.

(7)Part 4 of Schedule 3 makes further provision about the enforcement of this Part and about procedure.]

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Amendments (Textual)

[F5028W Occupation of premises by educational institutionsE+W+S

(1)This section applies if—

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

(b)but for this section, 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 section 28T.

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

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

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

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

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

(3)In this section—

  • 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 subsection (1) as not being entitled to make the alteration.

(5)Part 3 of Schedule 4 supplements the provisions of this section.]

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Amendments (Textual)

F50S. 28W inserted (30.5.2002) by 2001 c. 10, s. 31 (with s. 43(13)); S.I. 2002/1649, art. 3

Modifications etc. (not altering text)

C5S. 28W modified (28.6.2002) by S.I. 2002/1458, reg. 7

[F5128X Validity and revision of agreementsE+W+S

Section 28P applies for the purposes of this Chapter as it applies for the purposes of Chapter 1, but with the substitution, for paragraphs (a) and (b) of subsection (2), of “under section 28V”.]

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Amendments (Textual)

X1F5229Education of disabled persons.N.I.

F53(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 1 of the M1Education Act 1994 (establishment of the Teacher Training Agency) add, at the end—

(4)In exercising their functions, the Teacher Training Agency shall have regard to the requirements of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995.

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Editorial Information

X1S. 29: With effect from 30.05.2002 s. 29 became subsumed by newly inserted cross-heading "Enforcement, etc.". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 30.5.2002 or navigate via the Pt. IV heading.

Extent Information

E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F52S. 29 repealed (E.W.S.) (1.9.2002) by 2001 c. 10, s. 40(1), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I1S. 29(3) in force at 31.7.1996 by S.I. 1996/1474, art. 2(2), Sch. Pt. II

Marginal Citations

[F54 Duties of funding councils]E+W+S+N.I.

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Amendments (Textual)

F54Pt. IV Ch. 2: Cross-heading inserted before s. 30 (E.W.S.) (1.9.2002) by 2001 c. 10, s. 34(4) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

X230 Further and higher education of disabled persons. 1992 c.13.E+W+S+N.I.

(1)The Further and Higher Education Act 1992 is amended as set out in subsections (2) to (6).

F55(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 62 (establishment of higher education funding councils), after subsection (7) insert—

(7A)In exercising their functions, each council shall have regard to the requirements of disabled persons.

(7B)In subsection (7A) “disabled persons” means persons who are disabled persons for the purposes of the Disability Discrimination Act 1995.

[F56(6)In section 65 (administration of funds by higher education funding councils), after subsection (4) insert—

(4A)Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which a council makes grants, loans or other payments under this section to the governing body of a higher education institution shall require the governing body to publish disability statements at such intervals as may be specified.

(4B)For the purposes of subsection (4A) above—

  • disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and

  • specified” means specified in the conditions subject to which grants, loans or other payments are made by a council under this section.]

F57(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Editorial Information

X2S. 30: With effect from 01.9.2002 s. 30 became subsumed by newly inserted cross-heading "Enforcement, etc.". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 01.9.2002 or navigate via the Pt. IV heading.

Extent Information

E2In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F55S. 30(2)-(4) repealed (1.4.2001) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Commencement Information

I2S. 30(1)-(6) in force at 31.7.1996 by S.I. 1996/1474, art. 2(2), Sch. Pt. II

X331 Further and higher education of disabled persons: Scotland. 1992 c. 37.E+W+S+N.I.

(1)The Further and Higher Education (Scotland) Act 1992 is amended as follows.

(2)In section 37 (establishment of Scottish Higher Education Funding Council) after subsection (4) insert—

(4A)In exercising their functions, the Council shall have regard to the requirements of disabled persons.

(4B)In subsection (4A) above, “disabled persons” means persons who are disabled persons for the purpose of the Disability Discrimination Act 1995.

[F58(3)In section 40 (administration of funds by the Council), after subsection (4) insert—

(5)Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which the Council make grants, loans or other payments under this section to the governing body of an institution within the higher education sector shall require the governing body to publish disability statements at such intervals as may be specified.

(6)For the purposes of subsection (5) above—

  • disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purpose of the Disability Discrimination Act 1995; and

  • specified” means specified in the conditions subject to which grants, loans or other payments are made by the Council under this section.]

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Extent Information

E3In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Editorial Information

X3S. 31: With effect from 01.9.2002 s. 31 became subsumed by newly inserted cross-heading "Duties of funding council". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 01.9.2002 or navigate via the Pt. IV heading.

Amendments (Textual)

[F59 Interpretation of Chapter 2E+W+S+N.I.

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Amendments (Textual)

F59Pt. IV Ch. 2: Cross-heading and s. 31A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 33 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F6031A InterpretationE+W+S+N.I.

(1)Subsections (2) to (4) apply for the purpose of interpreting this Chapter.

(2)Disabled student” means a student who is a disabled person.

(3)Student” means a person who is attending, or undertaking a course of study at, an educational institution.

(4)Educational institution”, “responsible body” and “student services” have the meaning given in section 28R.]

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Amendments (Textual)

F60S. 31A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 33 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F61Chapter 3E+W+S+N.I. SUPPLEMENTARY

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Amendments (Textual)

F61Pt. IV: Chapter heading and s. 31B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 37 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F6231B Conciliation for disputesE+W+S+N.I.

(1)The Disability Rights Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in connection with disputes.

(2)In deciding what arrangements (if any) to make, the Commission must have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes which the parties may wish to refer to conciliation.

(3)No member or employee of the Commission may provide conciliation services in connection with disputes.

(4)The Commission must ensure that arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by any person in connection with the provision of conciliation services in accordance with the arrangements.

(5)Subsection (4) does not apply to information which is disclosed with the consent of the parties to the dispute to which it relates.

(6)Subsection (4) does not apply to information which—

(a)does not identify a particular dispute or a particular person; and

(b)is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.

(7)Anything communicated to a person providing conciliation services in accordance with arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it.

(8)Conciliation services” means advice and assistance provided to the parties to a dispute, by a conciliator, with a view to promoting its settlement otherwise than through a court, tribunal or other body.

(9)Dispute” means a dispute arising under Chapter 1 or 2 concerning an allegation of discrimination.

(10)Discrimination” means anything which is made unlawful discrimination by a provision of Chapter 1 or 2.]

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Amendments (Textual)

F62S. 31B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 37 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F6331C Application to Isles of ScillyE+W+S+N.I.

This Part applies to the Isles of Scilly—

(a)as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were a county council), and

(b)with such other modifications as may be specified in an order made by the Secretary of State.]

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Amendments (Textual)

F63S. 31C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 39 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

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