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Special Educational Needs and Disability Act 2001

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This is the original version (as it was originally enacted).

23Enforcement procedure: Scotland
This section has no associated Explanatory Notes

In the 1995 Act, insert the following section—

Enforcement: Scotland
28NCivil proceedings

(1)A claim that a responsible body in Scotland—

(a)has discriminated against a person in a way which is unlawful under this Chapter, or

(b)is by virtue of section 58 to be treated as having discriminated against a person in such a way,

may be made the subject of civil proceedings in the same way as any other claim for the enforcement of a statutory duty.

(2)Proceedings in Scotland may be brought only in a sheriff court.

(3)The remedies available in such proceedings are those which are available in the Court of Session other than an award of damages.

(4)Part 3 of Schedule 3 makes further provision about the enforcement of this Chapter and about procedure.

(5)In relation to civil proceedings in Scotland, in that Part of that Schedule—

(a)references to sections 28I, 28K and 28L, or any of them, are to be construed as a reference to this section;

(b)references to the Tribunal are to be construed as references to the sheriff court.

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