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The Education (Northern Ireland) Order 1996

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Changes to legislation:

The Education (Northern Ireland) Order 1996, SCHEDULE 1 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Article 15.

SCHEDULE 1N.I.MAKING OF ASSESSMENTS UNDER ARTICLE 15

IntroductoryN.I.

1.  In this Schedule, “assessment” means an assessment of a child's educational needs under Article 15.N.I.

Medical and other adviceN.I.

2.—(1) Regulations shall make provision as to the advice which [F1the Authority] is to seek in making assessments.N.I.

(2) Without prejudice to the generality of sub-paragraph (1), the regulations shall, except in such circumstances as may be prescribed, require [F1the Authority] to seek medical, psychological and educational advice and such other advice as may be prescribed.

Manner, and timing, of assessments, etc.N.I.

3.—(1) Regulations may make provision—N.I.

(a)as to the manner in which assessments are to be conducted,

(b)requiring [F1the Authority] , where, after conducting an assessment in respect of a child for whom a statement is maintained under Article 16, it determines not to amend the statement, to serve on the parent of the child notice giving the prescribed information, and

(c)in connection with such other matters relating to the making of assessments as the Department considers appropriate.

(2) Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under[F2 paragraph 3 of Schedule 2 of a proposal to amend the statement.

[F3(3) Regulations may provide—

(a)that where [F1the Authority] is under a duty under Article 15, 20 or 20A to serve any notice, the duty must be performed within the prescribed period,

(b)that where [F1the Authority] has served a notice under Article 15(1) or 20A(3) on a child's parent, it must decide within the prescribed period whether or not to make an assessment of the child's educational needs,

(c)that where a request has been made to [F1the Authority] under Article 20(1), it must decide within the prescribed period whether or not to comply with the request, and

(d)that where [F1the Authority] is under a duty to make an assessment, the duty must be performed within the prescribed period.

(4) Provision made under sub-paragraph (3)—

(a)may be subject to prescribed exceptions, and

(b)does not relieve [F1the Authority] of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.]]

Attendance at examinationsN.I.

4.—(1) Where [F1the Authority] [F4 is considering whether to make an assessment, it may serve a notice on the parent of the child concerned requiring the child's attendance for examination in accordance with the provisions of the notice.N.I.

(2) The parent of a child examined under this paragraph maybe present at the examination if he so desires.

(3) A notice under this paragraph shall—

(a)state the purpose of the examination,

(b)state the time and place at which the examination will be held,

(c)name an officer of [F1the Authority] from whom further information may be obtained,

(d)inform the parent that he may submit such information to [F1the Authority] as he may wish, and

(e)inform the parent of his right to be present at the examination.]

OffenceN.I.

5.—(1) Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination.N.I.

(2) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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