Regulation 3 Reasonable StepsI1

Northern Ireland

(1)

Where it is the duty of a general qualifications body to take steps in accordance with Article 37 of the 2005 Order in order to prevent a provision, criterion or practice placing a disabled person at a substantial disadvantage in comparison with persons who are not disabled, the granting of an exemption from one or more of the components of any examination or assessment, in the circumstances specified in paragraph (2), shall be a step which it is always reasonable for a general qualifications body to have to take.

(2)

The circumstances referred to in paragraph (1) are that—

(a)

the provision, criterion or practice is the requirement for candidates to undertake one or more components of an examination or assessment for the purposes of determining on whom a relevant qualification is to be conferred, and

(b)

the granting of an exemption from the component is the only reasonable step that could be taken to prevent the disabled person from being placed at a substantial disadvantage.

F1(3)

Where a general qualifications body grants an exemption in accordance with paragraph (1), it is always a reasonable step for the general qualifications body to have to take to assess the candidate only in relation to those components of the examination or assessment for which the candidate has not been granted an exemption as if those components comprised the entire examination or assessment.

Annotations

Textual amendments

F1: Reg. 3(3) added (25.2.2009) by The Special Educational Needs and Disability (General Qualifications Bodies) (Relevant Qualifications, Reasonable Steps and Physical Features) (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/20), regs. 1, 2(2)

Commencement

I1: Reg. 3 in operation at 1.4.2008, see reg. 1(1)