The Special Educational Needs and Disability (Northern Ireland) Order 2005

General qualifications bodies: discrimination and harassment

34.—(1) It is unlawful for a general qualifications body to discriminate against a disabled person—

(a) in the arrangements which it makes for the purpose of determining upon whom to confer a relevant qualification;

(b) in the terms on which it is prepared to confer a relevant qualification on him;

(c) by refusing or deliberately omitting to grant any application by him for such a qualification; or

(d) by withdrawing such a qualification from him or varying the terms on which he holds it.

(2) It is also unlawful for a general qualifications body, in relation to a relevant qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

(3) In the case of an act which constitutes discrimination by virtue of Article 43, this Article also applies to discrimination against a person who is not disabled.

(4) In this Article and Article 37, “relevant qualification” means an authorisation, qualification, approval or certification of a prescribed description.

(5) But an authorisation, qualification, approval or certification may not be prescribed under paragraph (4) if it is a professional or trade qualification (within the meaning given by section 14A(5) of the 1995 Act).

(6) In this Chapter—

(a) “general qualifications body” means any authority or body which can confer a relevant qualification, but it does not include—

(i) a responsible body (within the meaning of Chapter I or II),

(ii) an education and library board, or

(iii) an authority or body of a prescribed description or in prescribed circumstances;

(b) references (however expressed) to the conferment of a qualification on a person include—

(i) the renewal or extension of a qualification, and

(ii) the authentication of a qualification awarded to him by another person.