OpenLegislation

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

2005/1117 · Made 6 April 2005 · Extends to Northern Ireland

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 2 June 2021.

See the changes not yet applied
ProvisionChangeMade by
art. 22appliedSpecial Educational Needs and Disability Act (Northern Ireland) 2016 s. 13(1)(b)
art. 22appliedSpecial Educational Needs and Disability Act (Northern Ireland) 2016 s. 14(1)(b)
art. 22(1)(i)-(ii)substituted for wordsSpecial Educational Needs and Disability Act (Northern Ireland) 2016 s. 12(1)

6th April 2005

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. 29AMeaning of “harassment”
  49. 30Responsible bodies' duties to make adjustments
  50. Other unlawful acts
  51. 30ARelationships which have come to an end
  52. 30BInstructions and pressure to discriminate
  53. 30CDiscriminatory advertisements
  54. Enforcement, etc.
  55. 31Enforcement, remedies and procedures
  56. 31AEnforcement of Articles 30B and 30C
  57. 31BEnforcement of Articles 30B and 30C: supplemental matters
  58. 32Occupation of premises by educational institution
  59. 33Validity and revision of agreements of responsible bodies
  60. Chapter III: GENERAL QUALIFICATIONS BODIES
  61. 34General qualifications bodies: discrimination and harassment
  62. 35Meaning of “discrimination”
  63. 36Meaning of “harassment”
  64. 37General qualifications bodies: duty to make adjustments
  65. 37AEnforcement, remedies and procedures
  66. 37BAlterations to premises occupied under leases
  67. 38Chapter III: claims, leased premises and certain agreements
  68. 39Chapter III: regulations
  69. Chapter IV: MISCELLANEOUS
  70. 40Extension of role of Equality Commission
  71. 41Codes of practice
  72. 42Conciliation for disputes under this Part
  73. 43Victimisation
  74. 44Aiding unlawful acts
  75. 45Liability of employers and principals
  76. 46Statutory authority and national security
  77. 47Application to Crown, etc.
  78. 48Relationship of this Part with the 1995 Act
  79. Part IV: SUPPLEMENTARY
  80. 49Regulations and orders
  81. 50Amendments and repeals
  82. Schedule 1: SCHEDULE SUBSTITUTED FOR SCHEDULE 2 TO THE 1996 ORDER
  83. Paragraph
  84. Schedule 2: ENFORCEMENT AND PROCEDURE
  85. Part I: DISCRIMINATION IN SCHOOLS
  86. Restriction on proceedings for breach of Chapter I of Part III
  87. 1Paragraph 1
  88. Period within which proceedings must be brought
  89. 2Paragraph 2
  90. Evidence
  91. 3Paragraph 3
  92. Part II: DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS
  93. Restriction on proceedings for breach of Chapter II of Part III
  94. 4Paragraph 4
  95. Period within which proceedings must be brought
  96. 5Paragraph 5
  97. Compensation for injury to feelings
  98. 6Paragraph 6
  99. Evidence
  100. 7Paragraph 7
  101. Part III: Discrimination in General Qualifications Bodies
  103. Restriction on proceedings for breach of Chapter III of Part III
  104. 8Paragraph 8
  106. Period within which proceedings must be brought
  107. 9Paragraph 9
  109. Evidence
  110. 10Paragraph 10
  111. Schedule 3: PREMISES OCCUPIED BY EDUCATIONAL INSTITUTIONS UNDER LEASES
  112. Part: Failure to obtain consent
  113. 1Paragraph 1
  114. Part: Reference to court
  115. 2Paragraph 2
  116. Part: Joining lessors in proceedings under Article 31
  117. 3Paragraph 3
  118. Part: Regulations
  119. 4Paragraph 4
  120. Part: Sub-leases etc.
  121. 5Paragraph 5
  122. Schedule 3A: PREMISES OCCUPIED BY GENERAL QUALIFICATIONS BODIES UNDER LEASES
  123. Part: Failure to obtain consent to alteration
  124. 1Paragraph 1
  125. Part: Reference to court
  126. 2Paragraph 2
  127. Part: Joining lessors in proceedings under Article 37A
  128. 3Paragraph 3
  129. Schedule Schedule
  130. Schedule Schedule
  131. Schedule Schedule