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This Order makes provision in consequence of the Education (Additional Support for Learning) (Scotland) Act 2004 (“the 2004 Act”).
Section 28F of the Disability Discrimination Act 1995 requires education authorities in Scotland not to discriminate against a disabled pupil, or a disabled person who may be admitted to a school as a pupil, in carrying out their functions under the Acts listed in subsection (1)(b) of that section. The 2004 Act places new duties upon education authorities to make provision for additional support in connection with the school education of children and young persons having additional support needs. Article 2 amends section 28F of the Disability Discrimination Act 1995 so that when education authorities carry out their functions under the 2004 Act the duty imposed by section 28F will apply.
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