- Latest available (Revised)
- Original (As made)
The Special Educational Needs and Disability (Northern Ireland) Order 2005, Section 27 is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
27.—(1) In this Chapter—
“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;
[F1“Discrimination” and other related expressions are to be construed in accordance with Article 29;]
[F2“Harassment” is to be construed in accordance with Article 29A;]
“institution of further education” has the meaning given in Article 2(2) of the Further Education (Northern Ireland) Order 1997 (NI 15);
[F3“Physical feature”, in relation to any premises, includes any of the following (whether permanent or temporary)—
any feature arising from the design or construction of a building on the premises,
any feature on the premises of any approach to, exit from or access to such a building,
any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises, and
any other physical element or quality of any land comprised in the premises.]
“prescribed” means prescribed by regulations;
[F4“Provision, criterion or practice”includes any arrangements;]
[F5“Qualification”means any authorisation, qualification, approval or certification conferred by a responsible body;]
“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).
[F6(1A) References (however expressed) to the conferment of a qualification on a person by a responsible body include—
(a)the renewal or extension of a qualification, and
(b)the authentication of a qualification awarded to him by another person.]
(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;
[F7(c)in the case of a college of education, the managers;]
(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.
F1Art. 27(1): definition of "Discrimination" 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, 17(1)
F2Art. 27(1): definition of "Harassment" 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, 17(1)
F3Art. 27(1): definition of "Physical feature" 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, 17(1)
F4Art. 27(1): definition of "Provision, criterion or practice" 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, 17(1)
F5Art. 27(1): definition of "Qualification" 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, 17(1)
F6Art. 27(1A) 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, 17(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: