OpenLegislation

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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110490967

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order in Council laid before Parliament under paragraph 2(1)(a) of the Schedule to the Northern Ireland Act 2000, for approval by resolution of each House of Parliament

NORTHERN IRELAND

Made 2005

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the ** day of ** 2005

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: SPECIAL EDUCATIONAL NEEDS
  5. Education in ordinary schools
  6. 3Education in ordinary schools of children with special educational needs
  7. General duties of boards
  8. 4Advice and information for parents
  9. 5Resolution of disputes
  10. 6Compliance with orders of Tribunal
  11. Appeals
  12. 7Appeal against content of statement
  13. 8Unopposed appeals
  14. Identification and assessment of educational needs
  15. 9Duty to inform parent where special educational provision made
  16. 10Review or assessment of educational needs at request of responsible body
  17. 11Duty to specify named school in statement
  18. Statements of special educational needs
  19. 12Statements of special educational needs
  20. Part III: DISABILITY DISCRIMINATION IN EDUCATION
  21. Chapter I: SCHOOLS
  22. Interpretation of this Chapter
  23. 13Interpretation of this Chapter
  24. Duties of responsible bodies
  25. 14Discrimination against disabled pupils and prospective pupils
  26. 15Meaning of “discrimination”
  27. 16Disabled pupils not to be substantially disadvantaged
  28. Accessibility strategies and plans
  29. 17Accessibility strategies of board
  30. 18Accessibility plans for schools
  31. Residual duty of boards
  32. 19Duty of boards not to discriminate
  33. 20Residual duty: supplementary provisions
  34. Enforcement
  35. 21Special Education Needs and Disability Tribunal for Northern Ireland
  36. 22Jurisdiction and powers of the Tribunal
  37. 23Procedure of the Tribunal
  38. 24Expulsions
  39. 25Role of the Department of Education
  40. Agreements relating to enforcement
  41. 26Validity and revision of agreements
  42. Chapter II: FURTHER AND HIGHER EDUCATION
  43. Interpretation of this Chapter
  44. 27Interpretation of this Chapter
  45. Duties of responsible bodies
  46. 28Discrimination against disabled students and prospective students
  47. 29Meaning of “discrimination”
  48. 30Disabled students not to be substantially disadvantaged
  49. Enforcement, etc.
  50. 31Enforcement, remedies and procedures
  51. 32Occupation of premises by educational institution
  52. 33Validity and revision of agreements of responsible bodies
  53. Chapter III: GENERAL QUALIFICATIONS BODIES
  54. 34General qualifications bodies: discrimination and harassment
  55. 35Meaning of “discrimination”
  56. 36Meaning of “harassment”
  57. 37General qualifications bodies: duty to make adjustments
  58. 38Chapter III: claims, leased premises and certain agreements
  59. 39Chapter III: regulations
  60. Chapter IV: MISCELLANEOUS
  61. 40Extension of role of Equality Commission
  62. 41Codes of practice
  63. 42Conciliation for disputes under this Part
  64. 43Victimisation
  65. 44Aiding unlawful acts
  66. 45Liability of employers and principals
  67. 46Statutory authority and national security
  68. 47Application to Crown, etc.
  69. 48Relationship of this Part with the 1995 Act
  70. Part IV: SUPPLEMENTARY
  71. 49Regulations and orders
  72. 50Amendments and repeals
  73. Signature
  74. Schedule 1SCHEDULE SUBSTITUTED FOR SCHEDULE 2 TO THE 1996 ORDER
  75. Schedule 2: ENFORCEMENT AND PROCEDURE
  76. Part I: DISCRIMINATION IN SCHOOLS
  77. Restriction on proceedings for breach of Chapter I of Part III
  78. 1Paragraph 1
  79. Period within which proceedings must be brought
  80. 2Paragraph 2
  81. Evidence
  82. 3Paragraph 3
  83. Part II: DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS
  84. Restriction on proceedings for breach of Chapter II of Part III
  85. 4Paragraph 4
  86. Period within which proceedings must be brought
  87. 5Paragraph 5
  88. Compensation for injury to feelings
  89. 6Paragraph 6
  90. Evidence
  91. 7Paragraph 7
  92. Schedule 3: PREMISES OCCUPIED BY EDUCATIONAL INSTITUTIONS UNDER LEASES
  93. Failure to obtain consent
  94. 1Paragraph 1
  95. Reference to court
  96. 2Paragraph 2
  97. Joining lessors in proceedings under Article 31
  98. 3Paragraph 3
  99. Regulations
  100. 4Paragraph 4
  101. Sub-leases etc.
  102. 5Paragraph 5
  103. Schedule 4: AMENDMENTS TO THE EQUALITY (DISABILITY, ETC.) (NORTHERN IRELAND) ORDER 2000
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. 8Paragraph 8
  112. 9Paragraph 9
  113. Schedule 5: MINOR AND CONSEQUENTIAL AMENDMENTS
  114. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)
  115. 1Paragraph 1
  116. The Education (Northern Ireland) Order 1996 (NI 1)
  117. 2Paragraph 2
  118. 3Paragraph 3
  119. 4Paragraph 4
  120. 5Paragraph 5
  121. 6Paragraph 6
  122. 7Paragraph 7
  123. 8Paragraph 8
  124. 9Paragraph 9
  125. The Justice (Northern Ireland) Act 2002 (c. 26)
  126. 10Paragraph 10
  127. Schedule 6REPEALS
  128. Explanatory note