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The Special Educational Needs and Disability (Northern Ireland) Order 2005
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The Special Educational Needs and Disability (Northern Ireland) Order 2005, Section 37A is up to date with all changes known to be in force on or before 22 November 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.
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- art. 22(1)(i)-(ii) substituted for words by 2016 c. 8 (N.I.) s. 12(1)
[F1Enforcement, remedies and proceduresN.I.
This section has no associated Explanatory Memorandum
37A.—(1) A claim by a person—
(a)that a general qualifications body has discriminated against him, or subjected him to harassment, in a way which is unlawful under this Chapter,
(b)that a general qualifications body is by virtue of Article 44 or 45 to be treated as having done so, or
(c)that a person is by virtue of Article 44 to be treated as having done so,
may be made the subject of civil proceedings in the same way as any other claim in tort for breach of statutory duty.
(2) Damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.
(3) Proceedings may be brought only in a county court.
(4) The remedies available in such proceedings are those which are available in the High Court.
(5) The fact that a person who brings proceedings under this Chapter against a general qualifications body may also be entitled to bring proceedings against that body under Part II of the 1995 Act is not to affect proceedings under this Chapter.
(6) Part III of Schedule 2 makes further provision about the enforcement of this Part and about procedure and evidence.]
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