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Statutory Rules of Northern Ireland

2005 No. 337 (C. 26 )

DISABLED PERSONS

EDUCATION

The Special Educational Needs and Disability (2005 Order) (Commencement No. 2) Order (Northern Ireland) 2005

Made

14th July 2005

The Department for Employment and Learning, in exercise of the powers conferred by Article 1 (3) of the Special Educational Needs and Disability Order (Northern Ireland) 2005 (1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Special Educational Needs and Disability (2005 Order) (Commencement No. 2) Order (Northern Ireland) 2005.

(2) In this Order, “the 2005 Order” means the Special Educational Needs and Disability (Northern Ireland) Order 2005.

Appointed Day

2.  1st September 2005 is the day appointed for the coming into operation of the provisions of the 2005 Order listed in the Schedule.

Sealed with the Official Seal of the Department for Employment and Learning on 14th July 2005.

L.S.

Bernie O'Hare

A senior officer of the

Department for Employment and Learning

SCHEDULEPROVISIONS OF THE SPECIAL EDUCATIONAL NEEDS AND DISABILITY (NORTHERN IRELAND) ORDER 2005 COMING INTO OPERATION ON 1ST SEPTEMBER 2005

ProvisionsSubject Matter of Provision
Article 27Interpretation of Chapter II of the 2005 Order
Article 28Discrimination against disabled students and prospective students
Article 29Meaning of “discrimination”
Article 30Disabled students not to be substantially disadvantaged
Article 31Enforcement, remedies and procedures
Article 32Occupation of premises by educational institutions
Article 33Validity and revision of agreements of responsible bodies
Article 43, in so far as it relates to Chapter II of Part III of the 2005 OrderVictimisation
Article 44, in so far as it relates to Chapter II of Part III of the 2005 OrderAiding unlawful acts
Article 45, in so far as it relates to Chapter II of Part III of the 2005 OrderLiability of employers and principals
Article 46, in so far as it relates to Chapter II of Part III of the 2005 OrderStatutory authority and national security
Article 47, in so far as it relates to Chapter II of Part III of the 2005 OrderApplication to Crown, etc
Article 48, in so far as it relates to Chapter II of Part III of the 2005 OrderRelationship between Chapter II of Part III of the 2005 Order and the Disability Discrimination Act 1995 (c50)
Part II of Schedule 2Discrimination in further and higher education institutions
Schedule 3Premises occupied by educational institutions under leases
Article 50 (2) together with Schedule 6, so far as relating to the Disability Discrimination Act 1995 (c50)The repeal of paragraph 9 (2) and (3) of Schedule 8, to the Disability Discrimination Act 1995 (c50)

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into operation on 1st September 2005 of provisions of the Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)) specified in the Schedule. The provisions being brought into operation relate to disability discrimination in further and higher education.