- Latest available (Revised)
- Original (As made)
The Special Educational Needs and Disability (Northern Ireland) Order 2005, Section 37B is up to date with all changes known to be in force on or before 31 October 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):
37B.—(1) This Article applies where—
(a)a general qualifications body occupies premises under a lease;
(b)but for this Article, the general qualifications body would not be entitled to make a particular alteration to the premises; and
(c)the alteration is one which the general qualifications body proposes to make in order to comply with the duty imposed by Article 37(3).
(2) Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this paragraph as if it provided—
(a)for the general qualifications body to be entitled to make the alteration with the written consent of the lessor;
(b)for the general qualifications body to have to make a written application to the lessor for consent if it wishes to make the alteration;
(c)if such an application is made, for the lessor not to withhold his consent unreasonably; and
(d)for the lessor to be entitled to make his consent subject to reasonable conditions.
(3) In this Article and in Schedule 3A—
“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy;
“sub-lease” means any sub-term created out of, or deriving from, a leasehold .interest; and
“sub-tenancy” means any tenancy created out of, or deriving from, a superior tenancy.
(4) For the purposes of paragraph (1), the general qualifications body is to be treated as not being entitled to make the alteration, if the terms and conditions of a lease—
(a)impose conditions which are to apply if the general qualifications body alters the premises, or
(b)entitle the lessor to impose conditions when consenting to the general qualification's body altering the premises.
(5) Schedule 3A supplements the provisions of this Article.]
F1Art. 37B inserted (23.4.2008) by Special Educational Needs and Disability (2005 Order) (Amendment) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (Northern Ireland) 2008 (S.R. 2008/177), reg. 5
Modifications etc. (not altering text)
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: