Explanatory Notes

Special Educational Needs And Disability Act 2001

2001 CHAPTER 10

11 May 2001

Commentary on Sections

Part 2 – Disability Discrimination in Education

Chapter 3 – Miscellaneous
Sections 35 to 40 and Schedule 7
Section 35 and Schedule 7: Extension of Role of Disability Rights Commission

123.This section extends the role of the DRC in respect of the provisions of this Act to the extent provided for in Schedule 7, including, for example, allowing the DRC to: issue non-discrimination notices and make agreements in lieu of enforcement action; apply for an injunction or interdict in respect of persistent discrimination; and, give assistance in relation to proceedings under this Act, at SENDIST, the county court or the sheriff court. The DRC has similar powers and duties in respect of the provisions of Parts 2 & 3 DDA, conferred by sections 2 to 8 of the DRCA.