{
  "url": "https://openlegislation.uk/special-educational-needs-and-disability-act-northern-ireland-2016/section-12",
  "json_url": "https://openlegislation.uk/special-educational-needs-and-disability-act-northern-ireland-2016/section-12.json",
  "legislation": "nia/2016/8",
  "legislation_title": "Special Educational Needs and Disability Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/special-educational-needs-and-disability-act-northern-ireland-2016",
  "path": "section/12",
  "kind": "section",
  "number": "12",
  "heading": "Rights of child over compulsory school age in relation to disability discrimination claims",
  "text": "(1) In Article 22 of the Special Educational Needs and Disability (Northern Ireland) Order 2005 (jurisdiction and powers of the Tribunal) in paragraph (1) for “by A's parent” substitute\n“—\n(i) by A, if A is over compulsory school age; or\n(ii) by A's parent in any other case.”.\n(2) In Article 23 of that Order (Tribunal procedure) after paragraph (2) insert—\n“(2A) In a case falling within Article 22(1)(i) where a claim is made by A, the regulations may in particular make provision—\n(a) about assistance and support to enable A to pursue the claim;\n(b) for cases where, in the opinion of the Tribunal, A lacks (or may lack) capacity to pursue the claim, including provision—\n(i) for, and in connection with, determining whether A lacks capacity to pursue a claim (including the criteria to be applied in making that determination);\n(ii) for A's parent to pursue the claim in a case where it is determined that A lacks capacity to do so;\n(iii) for provisions of the regulations to apply with modifications in relation to such a claim.”.",
  "extent": null,
  "status": "prospective",
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/8/section/12",
    "retrieved_at": "2026-10-29T20:20:02.481562+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}