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Special Educational Needs and Disability Act 2001
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- 2001 c. 10
- Part 2
- Chapter 1
- Enforcement
- Section 18
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- s. 11-33 repealed by 2010 c. 15 Sch. 27 Pt. 1 (as substituted) by S.I. 2010/2279 Sch. 2
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/2532 art. 2 Sch. commences (2001 c. 10)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/124 art. 4 5 commences (2002 c. 32)
- S.I. 2003/1115 art. 3 commences (2002 c. 32)
- S.I. 2003/1667 art. 3 4 5 commences (2002 c. 32)
- S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
- S.I. 2005/2774 art. 2-4 commences (2005 c. 13)
- S.I. 2007/935 art. 7(q) commences (2006 c. 40)
- S.I. 2007/2603 art. 2(d) commences (2006 c. 3)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
18 Jurisdiction and powers of the TribunalE+W+S
This section has no associated Explanatory Notes
In the 1995 Act, insert the following section—
“28I Jurisdiction and powers of the Tribunal
(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 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 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.”
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