Special Educational Needs and Disability Act 2001

38 Relationship with other Parts of the 1995 ActE+W+S

This sectionnoteType=Explanatory Notes has no associated

(1)The 1995 Act is amended as follows.

(2)In section 2 (past disabilities)—

(a)in subsection (1), for “and III” substitute “ to 4 ” and

(b)in subsection (4), for “or Part III” substitute “ , 3 or 4 ”.

(3)In subsection (3) of section 3 (courts etc. to have regard to guidance), for “A tribunal or court” substitute “ An adjudicating body ”.

(4)After that subsection, insert—

(3A)Adjudicating body” means—

(a)a court;

(b)a tribunal; and

(c)any other person who, or body which, may decide a claim under Part 4.

(5)In section 19 (meaning of “discrimination” in Part 3) omit—

(a)paragraphs (a) to (ab) of subsection (5); and

(b)subsection (6).

(6)In that section, insert after subsection (5)—

(5A)Nothing in this Part applies to the provision of a service in relation to which discrimination is made unlawful by section 28A, 28F or 28R.

(7)In section 55 (victimisation), in subsection (1), for “or Part III” substitute “ , Part 3 or Part 4 ”.

(8)In that section, after subsection (3), insert—

(3A)For the purposes of Chapter 1 of Part 4—

(a)references in subsection (2) to B include references to—

(i)a person who is, for the purposes of that Chapter, B’s parent; and

(ii)a sibling of B; and

(b)references in that subsection to this Act are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), restricted to that Chapter.

(9)In subsection (1) of section 57 (aiding unlawful acts), for “act made unlawful by this Act” substitute “ unlawful act ”.

(10)After subsection (5) of that section, insert—

(6)Unlawful act” means an act made unlawful by any provision of this Act other than a provision contained in Chapter 1 of Part 4.

(11)In paragraph 2 of Schedule 2 (past disabilities) for “and III” substitute “ to 4 ”.

(12)After that paragraph, insert—

2AReferences in Chapter 1 of Part 4 to a disabled pupil are to be read as references to a pupil who has had a disability.

2BReferences in Chapter 2 of Part 4 to a disabled student are to be read as references to a student who has had a disability.

(13)After paragraph 4 of that Schedule, insert—

4AIn section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.

4BIn section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

4CIn section 28S(3)(a) and (4), after “disabled” insert “or that he had had a disability”.

4DIn subsection (1) of section 28T, after “not disabled” insert “and who have not had a disability”.

4EIn that subsection as substituted by paragraphs 2 and 6 of Schedule 4C, after “not disabled” insert “and who have not had a disability”.

(14)Omit paragraph 129 of Schedule 37 to the 1996 Act (amendment of section 19(5) of the 1995 Act).

(15)Omit section 38 of the Teaching and Higher Education Act 1998 (c. 30) (amendment of section 19(6) of the 1995 Act).

(16)Omit paragraph 49 of Schedule 9 to the Learning and Skills Act 2000 (c. 21) (amendment of section 19(5) of the 1995 Act).