- Latest available (Revised)
- Point in Time (01/09/2006)
- Original (As made)
Point in time view as at 01/09/2006.
The Special Educational Needs and Disability (Northern Ireland) Order 2005, Section 15 is up to date with all changes known to be in force on or before 30 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
15.—(1) For the purposes of Article 14, a responsible body discriminates against a disabled person if—
(a)for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
(b)it cannot show that the treatment in question is justified.
(2) For the purposes of Article 14, a responsible body also discriminates against a disabled person if—
(a)it fails, to his detriment, to comply with Article 16; and
(b)it cannot show that its failure to comply is justified.
(3) In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows—
(a)that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and
(b)that its failure to take the step was attributable to that lack of knowledge.
(4) The taking of a particular step by a responsible body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled.
(5) Paragraphs (6) to (8) apply in determining whether, for the purposes of this Article—
(a)less favourable treatment of a person, or
(b)failure to comply with Article 16,
is justified.
(6) Less favourable treatment of a person is justified if it is the result of —
(a)the application of the admission criteria drawn up for a grant-aided school under Article 16(1) of the Education (Northern Ireland) Order 1997 (NI 5) or Article 32(1) of the Education (Northern Ireland) Order 1998 (NI 13); or
(b)any arrangements which make provision for any or all of the pupils of an independent school to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
(7) Otherwise, less favourable treatment, or a failure to comply with Article 16, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.
(8) If, in a case falling within paragraph (1)—
(a)the responsible body is under a duty imposed by Article 16 in relation to the disabled person, but
(b)it fails without justification to comply with that duty,
its treatment of that person cannot be justified under paragraph (7) unless that treatment would have been justified even if it had complied with that duty.
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: