{
  "url": "https://openlegislation.uk/special-educational-needs-and-disability-northern-ireland-order-2005/article-28",
  "json_url": "https://openlegislation.uk/special-educational-needs-and-disability-northern-ireland-order-2005/article-28.json",
  "legislation": "nisi/2005/1117",
  "legislation_title": "The Special Educational Needs and Disability (Northern Ireland) Order 2005",
  "legislation_url": "https://openlegislation.uk/special-educational-needs-and-disability-northern-ireland-order-2005",
  "path": "article/28",
  "kind": "article",
  "number": "28",
  "heading": "Discrimination against disabled students and prospective students",
  "text": "(1) It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—\n(a) in the arrangements it makes for determining admissions to the institution;\n(b) in the terms on which it offers to admit him to the institution; or\n(c) by refusing or deliberately omitting to accept an application for his admission to the institution.\n(2) It is unlawful for the body responsible for an educational institution to discriminate against a disabled student in the student services it provides, or offers to provide.\n(3) It is unlawful for the body responsible for an educational institution to discriminate against a disabled student by suspending or expelling him from the institution.\n(3A) It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—\n(a) in the arrangements which it makes for the purpose of determining upon whom to confer a qualification;\n(b) in the terms on which it is prepared to confer a qualification on him;\n(c) by refusing or deliberately omitting to grant any application by him for a qualification; or\n(d) by withdrawing a qualification from him or varying the terms on which he holds it.\n(3B) It is unlawful for the body responsible for an educational institution to subject to harassment a disabled person who—\n(a) holds or applies for a qualification conferred by the institution;\n(b) is a student at the institution; or\n(c) seeks admission as a student to the institution.\n(4) In the case of an act which constitutes discrimination by virtue of Article 43, this Article also applies to discrimination against a person who is not disabled.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 28(3A)(3B) inserted (10.8.2006 for certain purposes and 1.9.2006 otherwise) by Special Educational Needs and Disability (Northern Ireland) Order 2005 (Amendment) (Further and Higher Education) Regulations (Northern Ireland) 2006 (S.R. 2006/332), regs. 1, 5"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisi/2005/1117/article/28",
    "retrieved_at": "2026-10-29T04:39:44.801975+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."
}