EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations insert new provisions into Part III of and Schedule 2 to the Special Educational Needs and Disability (Northern Ireland) Order 2005 in relation to the enforcement of the duties placed on general qualifications bodies.

They provide for claims that a general qualifications body has discriminated against a person to be heard as a claim in tort in the county court.

Claims must be brought within 6 months of the act complained of, unless the matter is referred for conciliation, in which case the time allowed is extended by 2 months.

They also make provision for cases in which premises that are required to be altered are occupied by a general qualifications body under a lease, including joining the lessor as a party to any court proceedings, and in relation to consent from the lessor to alterations that the general qualifications body is required to make to the premises for the purposes of Article 37.