The Special Educational Needs and Disability (Northern Ireland) Order 2005

Occupation of premises by educational institution N.I.

32.—(1) This Article applies if—

(a) premises are occupied by an educational institution under a lease;

(b) but for this Article, the responsible body would not be entitled to make a particular alteration to the premises; and

(c) the alteration is one which the responsible body proposes to make in order to comply with Article 30 [F1 or Article 30A(5)] .

(2) Except to the extent to which it expressly so provides, the lease has effect, as a result of this paragraph, as if it provided—

(a )F2 for the responsible body to be entitled to make the alteration with the written consent of the lessor;

(b )F2 for the responsible body to have to make a written application to the lessor for consent if it wishes to make the alteration;

(c )F2 if such an application is made, for the lessor not to withhold his consent unreasonably; and

(d )F2 for the lessor to be entitled to make his consent subject to reasonable conditions.

F2 (3) In this Article—

• “lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and

• “sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

(4) If the terms and conditions of a lease—

(a) impose conditions which are to apply if the responsible body alters the premises, or

(b) entitle the lessor to impose conditions when consenting to the responsible body's altering the premises,

the responsible body is to be treated for the purposes of paragraph (1) as not being entitled to make the alteration.

(5) Schedule 3 supplements the provisions of this Article.

F1 Words in art. 32(1)(c) 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, 13

F2 mod. by SR 2005/371