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Special Educational Needs And Disability Act 2001


131.The Act will come into force on the date or dates specified by order by the Secretary of State. However, the regulation making powers in the following provisions came into force on the day Royal Assent to this Act was given: sections 4, 5, 42(2) to (4); and paragraphs 6 to 10, 13(1) to (4) and 14(3) of Schedule 8, and section 42(1) so far as it relates to those provisions. In addition the National Assembly of Wales, rather than the Secretary of State, has the power to commence by order various specified provisions in respect of Wales.

132.It is intended that the SEN provisions in Part 1 will come into force in September 2001 and the disability provisions in Chapter 1 of Part 2 (schools) in September 2002. It is intended that the disability provisions in Chapter 2 of Part 2 (further and higher education) will come into force in stages: in September 2002 in respect of the duty not to treat less favourably and the duty to make reasonable adjustments in so far as this does not involve physical alterations or the provision of, broadly, auxiliary aids and services; in September 2003 in respect of the rest of the duty to make reasonable adjustments other than the duty to make adjustments requiring the removal or alteration of physical features; with full commencement of the physical features aspect of the duty to make reasonable adjustments in September 2005.

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