The Special Educational Needs and Disability (Northern Ireland) Order 2005 (Amendment) (Further and Higher Education) Regulations (Northern Ireland) 2006

Amendment of Article 48

14.  In Article 48 (relationship of this part with the 1995 Act), for paragraph (10) substitute—

“(10) After paragraph 5 insert—

6.   References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability.

7.   References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability.

8.   In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “or that he had had a disability”.

9.   In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

10.— (1) In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “or that he had had a disability”;

(2) in paragraph (6)(a) of that Article, after “who do not have” insert “and have not had”; and

(3) in paragraph (10) of that Article, for “that particular disability” substitute “and who has not had that particular disability and”.

11.   In Articles 30(1)(c), (1A)(d), (1B)(c), (1C) and (1D)(1) and 37(1)(d), 2(c) and (3) of the 2005 Order, after “not disabled” insert “and who have not had a disability”.

12.   In Article 35(8) of the 2005 Order after “not having that particular disability” insert “and who has not had that particular disability”.

13.   In Article 37(4)(b) of the 2005 Order for “has” substitute “has had”.”.

(1)

Article 30(1), (1A), (1B), (1C) and (1D) is inserted by regulation 8