[F18In section 28S, the following subsections are substituted for subsections (5) to (11) –E+W+S
“(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,
(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 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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