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Status:
This version of this provision is prospective.

Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Special Educational Needs and Disability Act (Northern Ireland) 2016, Section 12.

Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
Rights of child over compulsory school age in relation to disability discrimination claimsN.I.
12—(1) In Article 22 of the Special Educational Needs and Disability (Northern Ireland) Order 2005 (jurisdiction and powers of the Tribunal) in paragraph (1) for “by A's parent” substitute
“—
(i)by A, if A is over compulsory school age; or
(ii)by A's parent in any other case.”.
(2) In Article 23 of that Order (Tribunal procedure) after paragraph (2) insert—
“(2A) In a case falling within Article 22(1)(i) where a claim is made by A, the regulations may in particular make provision—
(a)about assistance and support to enable A to pursue the claim;
(b)for cases where, in the opinion of the Tribunal, A lacks (or may lack) capacity to pursue the claim, including provision—
(i)for, and in connection with, determining whether A lacks capacity to pursue a claim (including the criteria to be applied in making that determination);
(ii)for A's parent to pursue the claim in a case where it is determined that A lacks capacity to do so;
(iii)for provisions of the regulations to apply with modifications in relation to such a claim.”.
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