
1 
This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 5) Order 2002.
2 
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Special Educational Needs and Disability Act 2001.
3 
The day appointed for the coming into force of the provisions specified in Part 1 of Schedule 1 of this Order is 1st September 2002.
4 
The day appointed for the coming into force of the provisions specified in Part 2 of Schedule 1 of this Order, otherwise than as respects Wales, is 1st September 2002.
5 
Subject to article 6, the day appointed for the coming into force of section 28 (Disabled students not to be substantially disadvantaged) is 1st September 2002.
6 
The duty imposed by section 28T(1) of the Disability Discrimination Act 1995, including that duty as modified for the purposes of section 28U by paragraphs 2 and 6 of Schedule 4C of the Disability Discrimination Act 1995, shall have effect with the modifications specified in Schedule 2 of this Order for the period which ends on the date specified in that Schedule in relation to each modification.
Catherine Ashton
Parliamentary Under Secretary of State
Department for Education and Skills
28th August 2002
SCHEDULE 1
Articles 3 and 4
PART 1

Provision Subject Matter
Section 11 Discrimination against disabled pupils and prospective pupils
Section 12 Meaning of “discrimination”
Section 13 Disabled pupils not to be substantially disadvantaged
Section 16 Residual duty of education authorities
Section 17 Special Educational Needs and Disability Tribunal
Section 18 Jurisdiction and powers of the Tribunal
Section 19 (to the extent not already in force) Tribunal procedure
Section 20 Admissions
Section 21 Exclusions
Section 22 (save in so far as it gives the National Assembly for Wales power to give directions under section 28M(1) or (3) of the Disability Discrimination Act 1995 or makes provision in relation to such a direction) Roles of the Secretary of State and the National Assembly
Section 23 Enforcement Procedure: Scotland
Section 24 Validity and revision of agreements of responsible bodies
Section 25 Interpretation
Section 26 (to the extent not already in force) Discrimination against disabled students and prospective students
Section 27 Meaning of “discrimination”
Section 29 Further education etc. provided by local education authorities and schools
Section 30 Rights of redress
Section 32 Validity and revision of agreements
Section 33 Interpretation
Section 34 Removal of certain duties of funding bodies
Section 35 Extension of the role of Disability Rights Commission
Section 36 (to the extent not already in force) Codes of Practice
Section 37 Conciliation for disputes under Part 4 of the 1995 Act
Section 38 Relationship with other Parts of the 1995 Act
Section 39 Application to the Isles of Scilly
Section 40 Duty of Teacher Training Agency
Section 41 (to the extent not already in force) Expenses of Secretary of State
Section 42 (to the extent not already in force) Minor amendments and repeals
Schedule 2 Responsible bodies for schools
Schedule 3 Amendment of Schedule 3 to the Disability Discrimination Act 1995
Schedule 4 Responsible bodies for educational institutions
Schedule 5 Modifications of Chapter 2 of Part 4 of the Disability Discrimination Act 1995
Schedule 6 Amendment of Schedule 4 to the Disability Discrimination Act 1995
Schedule 7 Amendments to the Disability Rights Commission Act 1999
Schedule 8 (to the extent not already in force) Minor and consequential amendments
Schedule 9 (to the extent not already in force) Repeals
PART 2

Provision Subject Matter
Section 14 (to the extent not already in force) Accessibility strategies and plans
Section 15 (to the extent not already in force) Accessibility strategies and plans: procedure
SCHEDULE 2
Article 6


Modification Date bringing to an end the period during which the modification applies
Section 28T(1) of the Disability Discrimination Act 1995 shall not require the responsible body to provide auxiliary aids or services The last day on which the modification applies is 31st August 2003
Section 28T(1) of the Disability Discrimination Act 1995 shall not require the responsible body to remove or alter a physical feature The last day on which the modification applies is 31st August 2005