Point in time view as at 01/09/2002.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Special Educational Needs and Disability Act 2001. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
The following provisions are inserted in Schedule 4 to the 1995 Act as Part 3.
10If any question arises as to whether a responsible body has failed to comply with the duty imposed by section 28T, by failing to make a particular alteration to premises, any constraint attributable to the fact that the premises are occupied by the educational institution under a lease is to be ignored unless the responsible body has applied to the lessor in writing for consent to the making of the alteration.
11(1)If the responsible body has applied in writing to the lessor for consent to the alteration and—
(a)that consent has been refused, or
(b)the lessor has made his consent subject to one or more conditions,
that body or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.
(2)On such a reference the court must determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.
(3)If the court determines—
(a)that the lessor’s refusal was unreasonable, or
(b)that the condition is, or any of the conditions are, unreasonable,
it may make such declaration as it considers appropriate or an order authorising the responsible body to make the alteration specified in the order.
(4)An order under sub-paragraph (3) may require the responsible body to comply with conditions specified in the order.
12(1)In proceedings on a claim under section 28V, in a case to which this Part of this Schedule applies, the claimant, the pursuer or the responsible body concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings.
(2)The request must be granted if it is made before the hearing of the claim begins.
(3)The court may refuse the request if it is made after the hearing of the claim begins.
(4)The request may not be granted if it is made after the court has determined the claim.
(5)If a lessor has been so joined or sisted as a party to the proceedings, the court may determine—
(a)whether the lessor has—
(i)refused consent to the alteration, or
(ii)consented subject to one or more conditions, and
(b)if so, whether the refusal or any of the conditions was unreasonable.
(6)If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
(a)make such a declaration as it considers appropriate;
(b)make an order authorising the responsible body to make the alteration specified in the order;
(c)order the lessor to pay compensation to the complainant.
(7)An order under sub-paragraph (6)(b) may require the responsible body to comply with conditions specified in the order.
(8)If the court orders the lessor to pay compensation it may not order the responsible body to do so.
13Regulations may make provision as to circumstances in which—
(a)a lessor is to be taken, for the purposes of section 28W and this Part of this Schedule to have—
(i)withheld his consent;
(ii)withheld his consent unreasonably;
(iii)acted reasonably in withholding his consent;
(b)a condition subject to which a lessor has given his consent is to be taken to be reasonable;
(c)a condition subject to which a lessor has given his consent is to be taken to be unreasonable.
14Regulations may make provision supplementing, or modifying, section 28W or any provision made by or under this Part of this Schedule in relation to cases where the premises of the educational institution are occupied under a sub-lease or sub-tenancy.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: