PART IIIDISABILITY DISCRIMINATION IN EDUCATION

CHAPTER ISCHOOLS

Residual duty of boards

Duty of boards not to discriminate19

1

This Article applies to the functions of a board under—

a

the 1986 Order (except Article 37 and Part VII);

b

the Education Reform (Northern Ireland) Order 1989 (NI 20);

c

the Education and Libraries (Northern Ireland) Order 1993 (NI 12);

d

the 1996 Order;

e

the Education (Northern Ireland) Order 1997 (NI 5);

f

the Education (Northern Ireland) Order 1998 (NI 13);

g

the Education and Libraries (Northern Ireland) Order 2003 (NI 12).

2

But it does not apply to any prescribed function.

3

In discharging a function to which this Article applies, it is unlawful for a board to discriminate against—

a

a disabled pupil; or

b

a disabled person who may be admitted to a school as a pupil.

4

But an act done in the discharge of a function to which this Article applies is unlawful as a result of paragraph (3) only if no other provision of this Chapter makes that act unlawful.

5

In the case of an act which constitutes discrimination by virtue of Article 43, this Article also applies to discrimination against a person who is not disabled.

Residual duty: supplementary provisions20

1

Article 15 applies for the purposes of Article 19 as it applies for the purposes of Article 14 with the following modifications—

a

references to a responsible body are to be read as references to a board; and

b

references to Article 16 are to be read as references to paragraphs (2) to (4).

2

Each board shall take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which Article 19 applies—

a

disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

b

disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

3

That does not require a board to—

a

remove or alter a physical feature; or

b

provide auxiliary aids or services.

4

This Article imposes duties only for the purpose of determining whether a board has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

5

A reference in Article 22, 25(3) or 26 to a responsible body is to be read as including a reference to a board in relation to a function to which Article 19 applies.