- Latest available (Revised)
- Original (As made)
The Special Educational Needs and Disability (Northern Ireland) Order 2005
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Changes to legislation:
The Special Educational Needs and Disability (Northern Ireland) Order 2005, Section 41 is up to date with all changes known to be in force on or before 27 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.
Changes to Legislation
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.
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 22(1)(i)-(ii) substituted for words by 2016 c. 8 (N.I.) s. 12(1)
Codes of practiceN.I.
This section has no associated Explanatory Memorandum
41.—(1) Section 54A of the 1995 Act (codes of practice) is amended as follows.
(2) For subsection (1) substitute—
“(1) The Commission may prepare and issue codes of practice giving practical guidance on how to avoid acts which are unlawful under Part II or III of this Act or Part III of the 2005 Order, or on any other matter relating to the operation of any provision of Part II or III of this Act or Part III of the 2005 Order, to—
(a)employers;
(b)service providers;
(c)bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or
(d)other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order apply.
(1A) The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to—
(a)promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or
(b)encouraging good practice in the way such persons are treated,
in any field of activity regulated by any provision of Part II or III of this Act or Part III of the 2005 Order.
(1B) Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under Article 17 or 18 of the 2005 Order.” .
(3) In subsection (8) after “Part III” insert “ or Part III of the 2005 Order ”.
(4) At the end add—
“(10) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—
(a)any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or
(b)any field of activity regulated by any such provision,
any reference in this section to the Office shall be read as a reference to the Department of Education.
(11) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—
(a)any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or
(b)any field of activity regulated by any such provision,
any reference in this section to the Office shall be read as a reference to the Department for Employment and Learning.
(12) Practical guidance which but for this subsection would fall to be contained in separate codes of practice by virtue of subsections (10) and (11) may be contained in a single code of practice; and in relation to any such code of practice any reference in this section to the Office shall be read as a reference to the Department of Education and the Department for Employment and Learning, acting jointly.” .
Options/Help
Print Options
PrintThe Whole Order
PrintThe Whole Part
PrintThe Whole Chapter
PrintThis Section only
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
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.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.