Education for Persons with Special Educational Needs Act 2004

Interpretation.

1.—(1) In this Act, unless the context otherwise requires—

“Act of 1998” means the Education Act 1998 ;

“Appeals Board” shall be construed in accordance with section 36 ;

“child” means a person not more than 18 years of age;

“Council” shall be construed in accordance with section 19 ;

“education plan” shall be construed in accordance with section 3 or 8, as appropriate;

“health board” means—

(a) a health board established under section 4 of the Health Act 1970 ,

(b) the Eastern Regional Health Authority, or

(c) the Northern Area Health Board, the East Coast Area Health Board or the South-Western Area Health Board;

“Minister” means the Minister for Education and Science;

“national association of parents” has the same meaning as it has in the Act of 1998;

“parent” has the same meaning as it has in the Act of 1998;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“recognised school management organisations” has the same meaning as it has in the Act of 1998;

“recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations that are concerned with the remuneration, conditions of employment, or working conditions of employees;

“relevant health board” means the health board in whose functional area the child or person concerned resides;

“school” means a recognised school (within the meaning of the Act of 1998);

“school year” has the same meaning as it has in the Act of 1998;

“special educational needs” means, in relation to a person, a restriction in the capacity of the person to participate in and benefit from education on account of an enduring physical, sensory, mental health or learning disability, or any other condition which results in a person learning differently from a person without that condition and cognate words shall be construed accordingly;

“special educational needs organiser” shall be construed in accordance with section 26 ;

“student” has the same meaning as it has in the Act of 1998;

“team” shall be construed in accordance with section 8 , 9 or 11 as appropriate;

“voluntary body” has the same meaning as it has in the Comhairle Act 2000 .

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment.