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Statutory Instruments

2007 No. 1849

disabled persons, England and Wales

The Disability Discrimination Act 1995 (Amendment) (Further Education) Regulations 2007

Made

25th June 2007

Coming into force in accordance with regulation 1

The Secretary of State for Education and Skills makes the following Regulations, in exercise of the powers conferred by section 183 of the Education and Inspections Act 2006(1).

In accordance with section 182(3)(c) of that Act a draft of these Regulations was laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Disability Discrimination Act 1995 (Amendment) (Further Education) Regulations 2007 and come into force on the seventh day after the day on which they are made.

(2) These Regulations extend to England and Wales only.

Amendment of the Act

2.  In paragraph 6 of Schedule 4C to the Disability Discrimination Act 1995(2) (modifications of Chapter 2 of Part 4 of the Act where further education etc. is provided by schools etc.), in subsection (6) of the substituted 28R, for the definition of “Recreational or training facilities” substitute—

“Recreational or training facilities” means—

(a)

in the case of a local education authority in England, any facilities secured by the authority under section 507A or 507B of the Education Act 1996(3) (functions of local education authorities in England in respect of recreation etc.), and

(b)

in the case of a local education authority in Wales, any facilities secured by the authority under subsection (1), or provided by them under subsection (1A), of section 508 of that Act (functions of local education authorities in Wales in respect of recreation and social and physical training).

Bill Rammell

Minister of State

Department for Education and Skills

25th June 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Disability Discrimination Act 1995 (“the 1995 Act”) in consequence of the provisions of section 6 of the Education and Inspections Act 2006 (“the 2006 Act”). Section 6 of the 2006 Act relates to local education authority functions in respect of youth work, recreation etc. Paragraph 1 of Schedule 1 to the 2006 Act purports to make a consequential amendment to the 1995 Act, but refers to a subsection which had ceased to have effect on the coming into force on 1st September 2006 of amendments made by the Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721). Paragraph 1 of Schedule 1 to the 2006 Act is therefore ineffective.

(2)

1995 c.50: Schedule 4C was inserted by the Special Educational Needs and Disability Act 2001 (c.10) Schedule 5, and substituted by S.I. 2006/1721.

(3)

1996 c. 56: Sections 507A and 507B were inserted by section 6 of the Education and Inspections Act 2006; section 508 was amended by section 137 of the Learning and Skills Act 2000 (c. 21).