(a) Part II, together with Schedule 1;

(b) Chapter I of Part III, together with Part I of Schedule 2;

(c) Chapter III of Part III;

(d) Articles 43 to 48, so far as relating to Chapters I and III of Part III;

(e) Article 50(1), together with Schedule 5;

(f) Article 50(2), together with Schedule 6, except so far as relating to the Disability Discrimination Act 1995 (c.50).

    (3) The following provisions of this Order come into operation on such day or days as the Department for Employment and Learning may appoint by order - 

(a) Chapter II of Part III, together with Part II of Schedule 2 and Schedule 3;

(b) Articles 43 to 48, so far as relating to Chapter II of Part III; and

(c) Article 50(2), together with Schedule 6, so far as relating to the Disability Discrimination Act 1995 (c.50).

    (4) An order bringing into operation any provision of Article 30 may, in particular, include provision for the duty imposed by Article 30(1) to have effect with such modifications as may be specified in the order for a period which ends - 

(a) on a date so specified; or

(b) on the making by the Department for Employment and Learning of an order bringing the period to an end.

    " (1) The parent of a child for whom a board maintains a statement under Article 16 may appeal to the Tribunal - 


(a) when the statement is first made,

(b) if an amendment is made to the statement, or

(c) if, after conducting an assessment under Article 15, the board determines not to amend the statement.



    (1A) An appeal under this Article may be against any of the following - 



(a) the description in the statement of the board's assessment of the child's special educational needs,

(b) the special educational provision specified in the statement (including the name of a school so specified),

(c) if no school is specified in the statement, that fact.



    (2) Paragraph (1)(b) does not apply where the amendment is made in pursuance of - 



(a) paragraph 11 (change of named school at request of parent) or 13(4)(b) (amendment ordered by Tribunal) of Schedule 2; or

(b) directions under paragraph 2 of Schedule 13 to the 1986 Order (revocation of school attendance order);



and paragraph (1)(c) does not apply to a determination made following the service of notice under paragraph 3 (amendment by board) of Schedule 2.".

"accessibility strategy" has the meaning given in Article 17;

"accessibility plan" has the meanings given in Article 18;

"the Department" means the Department of Education;

"disabled pupil" means a pupil who is a disabled person;

"prescribed" means prescribed by regulations;

"regulations" means regulations made by the Department;

"responsible body" has (subject to Article 20(5)) the meaning given in Article 14(5);

"the Tribunal" has the meaning given in Article 21(2).

    (2) In this Chapter the following have the meaning given in Article 2(2) of the 1986 Order - 

"board";

"Board of Governors";

"grant-aided school";

"independent school";

"parent";

"proprietor";

"pupil"; and

"school".

    (3) The Department may by regulations prescribe services which are, or services which are not, to be regarded for the purposes of Articles 14(2), 17 and 18 as being - 

(a) education; or

(b) an associated service.

Duties of responsible bodies

(a) an accessibility strategy;

(b) further such strategies at such times as may be prescribed.

    (2) An accessibility strategy is a strategy for, over a prescribed period - 

(a) increasing the extent to which disabled pupils can participate in the schools' curriculums;

(b) improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the schools; and

(c) improving the delivery to disabled pupils - 


(i) within a reasonable time, and

(ii) in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,



of information which is provided in writing for pupils who are not disabled.

    (3) In preparing its accessibility strategy, a board shall have regard to - 

(a) the need to allocate adequate resources for implementing the strategy; and

(b) any guidance issued by the Department as to - 


(i) the content of an accessibility strategy;

(ii) the form in which it is to be produced; and

(iii) the persons to be consulted in its preparation.

    (4) An accessibility strategy shall be in writing.

    (5) Each board shall - 

(a) keep its accessibility strategy under review during the period to which it relates and, if necessary, revise it; and

(b) have regard to any guidance issued by the Department as to compliance with the requirements of sub-paragraph (a).

    (6) It is the duty of each board to implement its accessibility strategy.

    (7) A board shall - 

(a) if asked to do so by the Department, give to the Department a copy of its accessibility strategy;

(b) if asked to do so by any other person, make a copy of its accessibility strategy available for inspection at such reasonable times as it may determine.

(a) the 1986 Order (except Article 37 and Part VII);

(b) the Education Reform (Northern Ireland) Order 1989 (NI 20);

(c) the Education and Libraries (Northern Ireland) Order 1993 (NI 12);

(d) the 1996 Order;

(e) the Education (Northern Ireland) Order 1997 (NI 5);

(f) the Education (Northern Ireland) Order 1998 (NI 13);

(g) the Education and Libraries (Northern Ireland) Order 2003 (NI 12).

    (2) But it does not apply to any prescribed function.

    (3) In discharging a function to which this Article applies, it is unlawful for a board to discriminate against - 

(a) a disabled pupil; or

(b) a disabled person who may be admitted to a school as a pupil.

(a) shall continue to exist; but

(b) shall be known as the Special Educational Needs and Disability Tribunal for Northern Ireland.

(a) require a person to do anything which would contravene any provision of, or made under, this Chapter;

(b) exclude or limit the operation of any provision of, or made under, this Chapter; or

(c) prevent any person from making a claim under this Chapter.

    (2) Sub-paragraphs (b) and (c) of paragraph (1) do not apply to an agreement settling a claim - 

(a) under Article 22; or

(b) to which Article 24 applies.

    (3) On the application of any person interested in an agreement to which paragraph (1) applies, a county court may make such order as it thinks just for modifying the agreement to take account of the effect of paragraph (1).

    (4) No such order may be made unless all persons affected have been - 

(a) given notice of the application; and

(b) afforded an opportunity to make representations to the court.

    (5) Paragraph (4) applies subject to any county court rules providing for notice to be dispensed with.

    (6) An order under paragraph (3) may include provision as respects any period before the making of the order.

"college of education" has the meaning given in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3);

"the Department" means the Department for Employment and Learning;

"disabled student" means a student who is a disabled person;

"institution of further education" has the meaning given in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (NI 15);

"prescribed" means prescribed by regulations;

"regulations" means regulations made by the Department;

"responsible body" has the meaning given in paragraph (4);

"student" means a person who is attending, or undertaking a course of study at, an educational institution;

"student services" means (subject to paragraph (2)) services of any description which are provided wholly or mainly for students;

"university" has the meaning given in Article 30(3) of the Education (Northern Ireland) Order 1993 (NI 12).

    (2) Regulations may make provision as to services which are, or are not, to be regarded for the purposes of this Chapter as student services.

    (3) In this Chapter "educational institution" means - 

(a) a university;

(b) an institution of further education;

(c) a college of education;

(d) the College of Agriculture, Food and Rural Enterprise; or

(e) an institution designated in an order made by the Department for Employment and Learning.

    (4) For the purposes of this Chapter the body responsible for an educational institution is - 

(a) in the case of a university, the governing body;

(b) in the case of an institution of further education, the governing body;

(c) in the case of a college of education maintained in pursuance of arrangements made by the Department for Employment and Learning under Article 66(1) of the 1986 Order, that Department;

(d) in the case of a college of education in respect of which grants are paid by that Department under Article 66(2) or (3) of that Order, the body responsible for its management;

(e) in the case of the College of Agriculture, Food and Rural Enterprise, the Department of Agriculture and Rural Development;

(f) in the case of an institution designated by an order under paragraph (3)(e), the body specified as such in the order;

and in this Chapter that body is referred to as the "responsible body".

    (5) The Department for Employment and Learning may not make an order under paragraph (3)(e) unless it is satisfied that the institution concerned is wholly or partly funded from public funds.

(a) in the arrangements it makes for determining admissions to the institution;

(b) in the terms on which it offers to admit him to the institution; or

(c) by refusing or deliberately omitting to accept an application for his admission to the institution.

(a) that a responsible body has discriminated against him in a way which is unlawful under this Chapter,

(b) that a responsible body is by virtue of Article 44 or 45 to be treated as having discriminated against him in such a way, or

(c) that a person is by virtue of Article 44 to be treated as having discriminated against him in such a way,

(a) in the arrangements which it makes for the purpose of determining upon whom to confer a relevant qualification;

(b) in the terms on which it is prepared to confer a relevant qualification on him;

(c) by refusing or deliberately omitting to grant any application by him for such a qualification; or

(d) by withdrawing such a qualification from him or varying the terms on which he holds it.

    (2) It is also unlawful for a general qualifications body, in relation to a relevant qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

    (3) 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.

    (4) In this Article and Article 37, "relevant qualification" means an authorisation, qualification, approval or certification of a prescribed description.

    (5) But an authorisation, qualification, approval or certification may not be prescribed under paragraph (4) if it is a professional or trade qualification (within the meaning given by section 14A(5) of the 1995 Act).

    (6) In this Chapter - 

(a) "general qualifications body" means any authority or body which can confer a relevant qualification, but it does not include - 


(i) a responsible body (within the meaning of Chapter I or II),

(ii) an education and library board, or

(iii) an authority or body of a prescribed description or in prescribed circumstances;



(b) references (however expressed) to the conferment of a qualification on a person include - 



(i) the renewal or extension of a qualification, and

(ii) the authentication of a qualification awarded to him by another person.

    " (1) The Commission may prepare and issue codes of practice giving practical guidance on how to avoid acts which are unlawful under Part II or III of this Act or Part III of the 2005 Order, or on any other matter relating to the operation of any provision of Part II or III of this Act or Part III of the 2005 Order, to - 


(a) employers;

(b) service providers;

(c) bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or

(d) other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order apply.



    (1A) The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to - 



(a) promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or

(b) encouraging good practice in the way such persons are treated,



in any field of activity regulated by any provision of Part II or III of this Act or Part III of the 2005 Order.

    (1B) Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under Article 17 or 18 of the 2005 Order.".

    (3) In subsection (8) after "Part III" insert "or Part III of the 2005 Order".

    (4) At the end add - 

    " (10) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to - 


(a) any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or

(b) any field of activity regulated by any such provision,



any reference in this section to the Office shall be read as a reference to the Department of Education.

    (11) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to - 



(a) any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or

(b) any field of activity regulated by any such provision,



any reference in this section to the Office shall be read as a reference to the Department for Employment and Learning.

    (12) Practical guidance which but for this subsection would fall to be contained in separate codes of practice by virtue of subsections (10) and (11) may be contained in a single code of practice; and in relation to any such code of practice any reference in this section to the Office shall be read as a reference to the Department of Education and the Department for Employment and Learning, acting jointly.".

(a) the first regulations to be made under each of paragraphs (1), (2) and (4) of Article 38;

(b) regulations under Article 38(1),(2) or (4) that amend Part III or the 1995 Act;

(c) regulations under Article 38(1) that make provision as to remedies.

    (3) No regulations to which this paragraph applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly

    (4) Any power under this Order to make regulations or orders includes power - 

(a) to make incidental, supplemental, consequential or transitional provision and savings; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(a) the making of an application for judicial review;

(b) the bringing of proceedings in respect of an offence under Article 23(7).

Period within which proceedings must be brought

     2.  - (1) The Tribunal shall not consider a claim under Article 22 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

    (2) If, in relation to proceedings or prospective proceedings under Article 22, the dispute concerned is referred for conciliation in pursuance of arrangements under Article 42 before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

    (3) The Tribunal may consider any claim under Article 22 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

    (4) But sub-paragraph (3) does not permit the Tribunal to decide to consider a claim if a decision not to consider that claim has previously been taken under that sub-paragraph.

    (5) For the purposes of sub-paragraph (1) - 

(a) if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b) any act extending over a period shall be treated as done at the end of that period; and

(c) a deliberate omission shall be treated as done when the person in question decided upon it.

    (6) In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission - 

(a) when he does an act inconsistent with doing the omitted act; or

(b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Evidence

     3.  - (1) In any proceedings under Article 22 or 24, a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate - 

(a) were imposed by that Minister or that department (as the case may be), and

(b) were in operation at a time or throughout a time so specified,

shall be conclusive evidence of the matters certified.

    (2) A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

(a) if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b) any act extending over a period shall be treated as done at the end of that period; and

(c) a deliberate omission shall be treated as done when the person in question decided upon it.

    (5) In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission - 

(a) when he does an act inconsistent with doing the omitted act; or

(b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Compensation for injury to feelings

     6. In any proceedings under Article 31, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.

(a) were imposed by that Minister or that department (as the case may be), and

(b) were in operation at a time or throughout a time so specified,

is conclusive evidence of the matters certified.

    (2) A document purporting to be such a certificate is to be - 

(a) received in evidence; and

(b) deemed to be such a certificate unless the contrary is proved.

(a) that consent has been refused, or

(b) the lessor has made his consent subject to one or more conditions,

that body or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court.

    (2) On such a reference the court must determine whether the lessor's refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.

    (3) If the court determines - 

(a) that the lessor's refusal was unreasonable, or

(b) that the condition is, or any of the conditions are, unreasonable,

it may make such declaration as it considers appropriate or an order authorising the responsible body to make the alteration specified in the order.

    (4) An order under sub-paragraph (3) may require the responsible body to comply with conditions specified in the order.

(a) whether the lessor has - 


(i) refused consent to the alteration, or

(ii) consented subject to one or more conditions, and



(b) if so, whether the refusal or any of the conditions was unreasonable.

    (6) If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps - 

(a) make such a declaration as it considers appropriate;

(b) make an order authorising the responsible body to make the alteration specified in the order;

(c) order the lessor to pay compensation to the complainant.

    (7) An order under sub-paragraph (6)(b) may require the responsible body to comply with conditions specified in the order.

    (8) If the court orders the lessor to pay compensation it may not order the responsible body to do so.

(a) a lessor is to be taken for the purposes of Article 32 and this Schedule to have - 


(i) withheld his consent;

(ii) withheld his consent unreasonably;

(iii) acted reasonably in withholding his consent;



(b) a condition subject to which a lessor has given his consent is to be taken to be reasonable;

(c) a condition subject to which a lessor has given his consent is to be taken to be unreasonable.



Sub-leases etc.

     5. Regulations may make provision supplementing, or modifying, Article 32 or any provision made by or under this Schedule in relation to cases where the premises of the educational institution are occupied under a sub-lease or sub-tenancy.

" "the 2005 Order" means the Special Educational Needs and Disability (Northern Ireland) Order 2005;".

     3. In Article 4 (general functions of Equality Commission),in paragraph (5) - 

(a) in the definition of "discrimination", after "1995 Act" insert "or Part III of the 2005 Order";

(b) in the definition of "harassment" after "1995 Act" insert "or Part III of the 2005 Order".

     4. In Article 6 (non-discrimination notices), in paragraph (5), after "1995 Act" insert "or Part III of the 2005 Order".

     5. In Article 7 (agreements in lieu of enforcement action), in paragraph (11), after "1995 Act" insert "or Part III of the 2005 Order".

     6. In paragraph (1) of Article 8 (persistent discrimination), for sub-paragraph (c) and the word "or" immediately before it substitute - 

" (bb) a finding by a court or tribunal in proceedings under Article 22, 24 or 31 of the 2005 Order, or in proceedings under provision made under Article 38 of that Order, that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part III of that Order, or

(c) a finding by a court or tribunal in any other proceedings that a person has committed an unlawful act of a description prescribed under paragraph (4),".

     7. In paragraph (4) of that Article, after "1995 Act" substitute "or Part III of the 2005 Order".

     8. In Article 9(1) (proceedings in relation to which assistance may be given) after sub-paragraph (a) insert - 

" (aa) proceedings which an individual has brought or proposes to bring under Article 22, 24 or 31 of the 2005 Order, or in proceedings under provision made under Article 38 of that Order (claims about unlawful discrimination under Part III of the 2005 Order); and".

     9. In paragraph 3(10) of Schedule 1 (formal investigations and non-discrimination notices), after "1995 Act" insert "or Part III of the 2005 Order".

    " (3A) An amendment to a statement required to be made under sub-paragraph (3)(a) shall be treated for the purposes of Schedule 2 to the Education (Northern Ireland) Order 1996 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).".

    " (1A) But that does not apply to a board deciding, for the purposes of Article 16(5), whether a parent has made suitable arrangements.".

     3. In Article 15(1)(a) (assessment of special educational needs), for "proposes" substitute "is considering whether".

     4.  - (1) In Article 17 (appeal against decision not to make a statement), in paragraph (1), omit ", and of the effect of paragraph (2),".

    (2) After paragraph (2) of that Article insert - 

    " (2A) A notice under paragraph (1) shall inform the parent of the right of appeal under paragraph (2) and contain such other information as may be prescribed.

    (2B) Regulations may provide that where a board is under a duty under this Article to serve any notice, the duty must be performed within the prescribed period.".

     5.  - (1) In Article 20 (reviews of educational needs), in paragraph (3)(a), for the words from "notice" to "sub-paragraph (b)" substitute "notice in writing of that decision and of the reasons for making it to the parent of the child".

    (2) After paragraph (3) of that Article insert - 

    " (3A) A notice under paragraph (3)(a) shall inform the parent of the right of appeal under paragraph (3)(b) and contain such other information as may be prescribed.".

     6. In Article 22 (the Special Educational Needs Tribunal for Northern Ireland) for paragraph (1) substitute - 

    " (1) The Special Educational Needs and Disability Tribunal for Northern Ireland (referred to in this Part as "the Tribunal") shall exercise the jurisdiction conferred on it by this Part.".

     7.  - (1) Article 23 (Tribunal procedure) is amended as follows.

    (2) In paragraph (2), omit sub-paragraph (d).

    (3) After paragraph (2), insert - 

    " (2A) Proceeding before the Tribunal shall be held in private, except in prescribed circumstances.".

    (4) For paragraph (4) substitute - 

    " (4) Part I of the Arbitration Act 1996 shall not apply to any proceedings before the Tribunal, but regulations may make provision corresponding to any provision of that Part.".

    (5) After that paragraph, insert - 

    " (4A) The regulations may make provision for an appeal under this Part to be heard, in prescribed circumstances, with a claim under Chapter I of Part III of the Special Educational Needs and Disability (Northern Ireland) Order 2004.".

     8.  - (1) Paragraph 3 of Schedule 1 (manner and timing of assessments under Article 15) is amended as follows.

    (2) In sub-paragraph (2), for "paragraph 10" substitute "paragraph 3".

    (3) For sub-paragraphs (3) and (4) substitute - 

    " (3) Regulations may provide - 


(a) that where a board is under a duty under Article 15, 20 or 20A to serve any notice, the duty must be performed within the prescribed period,

(b) that where a board has served a notice under Article 15(1) or 20A(3) on a child's parent, it must decide within the prescribed period whether or not to make an assessment of the child's educational needs,

(c) that where a request has been made to a board under Article 20(1), it must decide within the prescribed period whether or not to comply with the request, and

(d) that where a board is under a duty to make an assessment, the duty must be performed within the prescribed period.



    (4) Provision made under sub-paragraph (3) - 



(a) may be subject to prescribed exceptions, and

(b) does not relieve the board of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.".

     9. In paragraph 4(1) of Schedule 1 (making of assessments under Article 15), for "proposes" substitute "is considering whether".