The Special Educational Needs and Disability Act 2001 (Commencement No. 5) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st September 2002 the remaining provisions, except as specified below, of the Special Educational Needs and Disability Act 2001 which are not in force at the date of this Order so that no further Order is required in relation to England and Scotland.

The following provisions are to be brought into force in relation to Wales by the National Assembly for Wales in accordance with section 43(6)(d) and (e):

(a) sections 14 and 15; and

(b) section 22, so far as it gives the National Assembly the power to give directions under section 28M(1) or (3) of the Disability Discrimination Act 1995 or make provision in relation to such a direction.

The provisions being brought into force relate to disability discrimination in education, and insert new provisions into the Disability Discrimination Act 1995 regarding discrimination in schools and in further and higher education, as well as making consequential amendments to other Acts.

This Order also provides that section 28T(1) of the 1995 Act (Disabled students not to be substantially disadvantaged), inserted into that Act by section 28 of the 2001 Act (and also dealt with by Schedule 5 to the same Act), will not require the provision of auxiliary aids and services during the period ending on 31st August 2003, and will not require the removal or alteration of physical features during the period ending on 31st August 2005.