Statutory Rules of Northern Ireland

(a) in the arrangements which it makes for the purpose of determining upon whom to confer a qualification;

(b) in the terms on which it is prepared to confer a qualification on him;

(c) by refusing or deliberately omitting to grant any application by him for a qualification; or

(d) by withdrawing a qualification from him or varying the terms on which he holds it.

    (3B) It is unlawful for the body responsible for an educational institution to subject to harassment a disabled person who—

(a) holds or applies for a qualification conferred by the institution;

(b) is a student at the institution; or

(c) seeks admission as a student to the institution.".

(a) the standard is, or would be, applied equally to persons who do not have his particular disability, and

(b) its application is a proportionate means of achieving a legitimate aim.

    (7) If in a case falling within paragraph (1), other than a case where the treatment is the application of a competence standard, a responsible body is under a duty under Article 30 or 30A(5) in relation to the disabled person, but fails to comply with that duty, its treatment of that person cannot be justified under paragraph (5) unless that treatment would have been justified even if it had complied with that duty.

    (8) Subject to paragraph (9), regulations may make provision, for the purposes of this Article, as to circumstances in which treatment is, or as to circumstances in which treatment is not, to be taken to be justified.

    (9) Treatment of a disabled person by a responsible body cannot be justified under paragraph (5), (6) or (8) if it amounts to direct discrimination falling within paragraph (10).

    (10) A responsible body directly discriminates against a disabled person if, on the ground of the disabled person's disability, it treats the disabled person less favourably than it treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.

    (11) In this Article and Article 30, "competence standard" means an academic, medical or other standard applied by or on behalf of a responsible body for the purpose of determining whether or not a person has a particular level of competence or ability.".

(a) violating the disabled person's dignity, or

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

    (2) Conduct shall be regarded as having the effect referred to in paragraph (1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.".

(a) a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a responsible body,

(b) it is a provision, criterion or practice relating to—


(i) the arrangements it makes for determining admissions to the institution, or

(ii) student services provided for, or offered to, students by the responsible body, and



(c) that provision, criterion or practice places disabled persons at a substantial disadvantage in comparison with persons who are not disabled,

it is the duty of the responsible body to take such steps as are reasonable, in all the circumstances of the case, to prevent the provision, criterion or practice having that effect.

    (1A) Where—

(a) a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a responsible body,

(b) it is a provision, criterion or practice for determining on whom a qualification is to be conferred,

(c) a disabled person is, or has notified the body that he may be, an applicant for the conferment of that qualification, and

(d) the provision, criterion or practice places the disabled person at a substantial disadvantage in comparison with persons who are not disabled,

it is the duty of the responsible body to take such steps as are reasonable, in all the circumstances of the case, to prevent the provision, criterion or practice having that effect.

    (1B) Where—

(a) a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a responsible body,

(b) it is a provision, criterion or practice other than one mentioned in paragraph (1)(b) or (1A)(b), and

(c) it places a disabled person who—


(i) holds a qualification conferred by the responsible body, or

(ii) applies for a qualification which the responsible body confers, at a substantial disadvantage in comparison with persons who are not disabled,

(a) the arrangements which that body makes for determining admissions to the institution, or

(b) student services provided for, or offered to, students by that body,

it is the duty of the body to take such steps as are reasonable, in all the circumstances of the case, to prevent the feature having that effect.

    (1D) Where any physical feature of premises occupied by a responsible body places a disabled person who—

(a) applies for a qualification which that body confers, or

(b) holds a qualification which was conferred by that body,

at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the body to take such steps as are reasonable, in all the circumstances of the case, to prevent the feature having that effect.".

(a) there has been a relevant relationship between a disabled person and a responsible body, and

(b) that relationship has come to an end.

    (2) In this Article a "relevant relationship" is a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under any preceding provision of this Chapter.

    (3) It is unlawful for the responsible body—

(a) to discriminate against the disabled person by subjecting him to a detriment, or

(b) to subject the disabled person to harassment,

where the discrimination or harassment arises out of and is closely connected to the relevant relationship.

    (4) This paragraph applies where—

(a) a provision, criterion or practice applied by the responsible body to the disabled person in relation to any matter arising out of the relevant relationship, or

(b) a physical feature of premises which are occupied by the responsible body,

(a) a claim is brought under paragraph (1), and

(b) the claimant proves facts from which the court could, apart from this paragraph, conclude in the absence of an adequate explanation that the defendant has acted in a way which is unlawful under this Chapter,

the court shall uphold the claim unless the defendant proves that he did not so act.".

(a) either—


(i) a court has determined under paragraph (4) that the person has done an act to which this Article applies, or

(ii) the Commission thinks that the person has done an act to which this Article applies, and



(b) the Commission thinks that if unrestrained the person is likely to do another act to which this Article applies.

" "Provision, criterion or practice" includes any arrangements;

"Qualification" means any authorisation, qualification, approval or certification conferred by a responsible body;

"Discrimination" and other related expressions are to be construed in accordance with Article 29;

"Harassment" is to be construed in accordance with Article 29A;

"Physical feature", in relation to any premises, includes any of the following (whether permanent or temporary)—

(a) any feature arising from the design or construction of a building on the premises,

(b) any feature on the premises of any approach to, exit from or access to such a building,

(c) any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises, and

(d) any other physical element or quality of any land comprised in the premises.".

(a) the renewal or extension of a qualification, and

(b) the authentication of a qualification awarded to him by another person.".