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The Special Educational Needs and Disability Act 2001 (Commencement No. 4) Order 2002
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Statutory Instruments
2002 No. 1721 (C. 50)
DISABLED PERSONS
EDUCATION, ENGLAND AND WALES
The Special Educational Needs and Disability Act 2001 (Commencement No. 4) Order 2002
Made
24th June 2002
In the exercise of the powers conferred by section 43(3), (7) and (8) of the Special Educational Needs and Disability Act 2001(1), the Secretary of State for Education and Skills hereby makes the following Order:
Citation and interpretation
1. This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 4) 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.
Appointed days
3. The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order is 1st July 2002.
4. The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order, otherwise than as respects Wales(2), is 1st July 2002.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
24th June 2002
Articles 3 and 4
SCHEDULE
PART IPROVISIONS COMING INTO FORCE ON 1ST JULY 2002
| Provision | Subject Matter |
|---|---|
| Section 19 sub-section (1), to the extent necessary for the purpose of making regulations under any provision of section 28J of the Disability Discrimination Act 1995(3) | Special Educational Needs and Disability Tribunal procedure |
| In section 36, sub-section (2) and sub-section (1) as far as it relates to sub-section (2) | Codes of Practice |
| Paragraph 13(5) of Schedule 8 | Special Educational Needs and Disability Tribunal procedure |
PART IIPROVISIONS COMING INTO FORCE ON 1ST JULY 2002 OTHERWISE THAN AS RESPECTS WALES
| Provision | Subject Matter |
|---|---|
| Section 14 sub-section (1), to the extent necessary for the purpose of making regulations under any provision of section 28D of the Disability Discrimination Act 1995 | Accessibility strategies and plans |
| Section 15, to the extent necessary for the Secretary of State to issue guidance under section 28E of the Disability Discrimination Act 1995 | Accessibility strategies and plans: procedure |
Explanatory Note
(This note is not part of the Order)
This Order provides for the coming into force on 1st July 2002 of certain provisions of the Special Educational Needs and Disability Act 2001. These enable the Disability Rights Commission to issue Codes of Practice, and the Secretary of State to make Regulations and issue guidance as specified in this Order, in relation to the provisions of Part 2 of the Act (disability discrimination in education) which is not in force (except as specified below) at the date of this Order.
The provisions of Part 1 (special educational needs) and Part 3 (supplementary) of the Act are in force as specified below.
Note as to Earlier Commencement Orders
This note is not part of the Order)
The following provisions of the Special Educational Needs and Disability Act 2001 have been brought into force by commencement orders(4) made before the date of this Order:
| Provision | Date of Commencement | S.I. No |
|---|---|---|
| Sections 1-3— | ||
| as to England | 01/01/02 | 2001/2217(5) |
| as to Wales | 01/04/02 | 2002/74 |
| Sections 4-6— | ||
| as to England | 01/01/02 | 2001/2217 |
| as to Wales | 01/04/02 | 2001/3992 |
| Sections 7-9— | ||
| as to England | 01/01/02 | 2001/2217 |
| as to Wales | 01/04/02 | 2002/74 |
| Section 10— | ||
| as to England | 01/01/02 | 2001/2217 |
| as to Wales | 01/04/02 | 2001/3992 |
| Section 26 (partially) | 30/05/02 | 2002/1647 |
| Section 31 | 30/05/02 | 2002/1647 |
| Section 41— | ||
| as to England | 01/01/02 | 2001/2217 |
| as to Wales | 01/04/02 | 2001/3992 |
| Section 42— | ||
| as to England | 01/01/02 | 2001/2217 |
| as to Wales (partially) | 01/04/02 | 2001/3992 |
| 2002/74 | ||
| Schedule 1— | ||
| as to England | 01/01/02 | 2001/2217 |
| as to Wales | 01/04/02 | 2001/3992 |
| Schedule 8— | ||
| as to England (partially) | 01/01/02 | 2001/2217 |
| as to Wales (partially) | 01/04/02 | 2001/3992 |
| 2002/74 | ||
| Schedule 9— | ||
| as to England (partially) | 01/01/02 | 2001/2217 |
| as to Wales (partially) | 01/04/02 | 2001/3992 |
| 2002/74 |
(1)
(2)
Section 43(6)(d) provides that sections 14 and 15 will be brought into force as respects Wales on such day as the National Assembly for Wales may appoint by Order.
(3)
(4)
Section 43 and the provisions set out in sub-section (4) of that section were brought into force without commencement order as provided by sub-sections (3) and (4).
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