SCHEDULES

SCHEDULE 8 MINOR AND CONSEQUENTIAL AMENDMENTS

Part 2 OTHER ENACTMENTS

I116The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

I217

In subsection (1) (requirement to obtain opinion of local authority officer as to whether child is a disabled person)—

a

in paragraph (a), omit “under the age of 14”; and

b

in paragraph (b)—

i

in sub-paragraph (i), for “the first annual review of the statement following the child’s fourteenth birthday” substitute “ a review of the statement prescribed for the purposes of this paragraph ”; and

ii

in sub-paragraph (ii), for “that birthday” substitute “ they have carried out the review prescribed for the purposes of sub-paragraph (i) ”.

I318

In subsection (9) (interpretation), after the definition of “establishment of higher or further education” insert—

“prescribed” means prescribed in regulations made—

a

in relation to England, by the Secretary of State; and

b

in relation to Wales, by the National Assembly for Wales;

19The Tribunals and Inquiries Act 1992 (c. 53)

The Tribunals and Inquiries Act 1992 is amended as follows.

20

In section 11(1) (appeals from certain tribunals)—

a

for “15(a), (d) or (e)” substitute “ 15(a) or (d) ”; and

b

after “40A” insert “ , 40B ”.

21

In paragraph 15 of Schedule 1 (bodies subject to the supervision of the Council) omit sub-paragraph (e).

22

After paragraph 40A of that Schedule, insert—

Special educational needs and disability discrimination.

40B. The Special Educational Needs and Disability Tribunal.

23The School Standards and Framework Act 1998 (c. 31)

1

The School Standards and Framework Act 1998 is amended as follows.

2

In paragraph 8 of Schedule 4 (duty of school organisation committees to have regard to anti-discrimination duties of other bodies)—

a

omit “or”, at the end of sub-paragraph (a); and

b

after sub-paragraph (b), insert

or

c

Chapter 1 of Part 4 of the Disability Discrimination Act 1995,

3

In paragraph 6 of Schedule 5 (duty of adjudicators to have regard to anti-discrimination duties of other bodies)—

a

omit “or”, at the end of sub-paragraph (a); and

b

after sub-paragraph (b), insert

or

c

Chapter 1 of Part 4 of the Disability Discrimination Act 1995,

4

In Schedule 30 (minor and consequential amendments), omit paragraph 186(2)(b).