2. Regulation 2(2) of the Education (Payment for Special Educational Needs Supplies) Regulations 1994(1) shall be amended as follows —
(a)at the beginning of sub-paragraph (a)(ii) there shall be inserted the words “in relation to a local education authority in Wales,”;
(b)there shall be inserted a new sub-paragraph (a)(iii) as follows —
“(iii)in relation to a local education authority in England, is included in Part 1 of the authority’s budget statement for the financial year immediately preceding the financial year in question as part of planned expenditure on special educational provision for pupils with special educational needs other than—
(A)expenditure on making the special educational provision for pupils with statements of special educational needs specified in their statements made under section 168 of the Act;
(B)expenditure on services provided by education welfare officers and education social workers;
(C)expenditure on services provided by educational psychologists in observing, working with and assessing pupils with special educational needs, in advising such pupils, their parents and their teachers, and in providing training to teachers; and
(D)expenditure in connection with a local education authority’s duties to make assessments of, and to make, maintain and review statements for, children with special educational needs, under sections 5, 7 and 8 of, and Schedule 1 to, the Education Act 1981(2)(as they continue to have effect by virtue of Schedule 4 (transitional provisions) to the Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994(3)) or sections 167 to 170 and 172 to 174 of the Act; or;” and
(c)in sub-paragraph (b) for the words “section 7” to the end there shall be substituted the words —
“section 168 of the Act and whose educational needs are not being assessed under section 167 of the Act”.
S.I. 1994/650; to which there is an amendment not relevant to these Regulations.
1981 c. 60; section 7 was amended by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 83; section 8 was amended by Schedule 12, paragraph 84 of that Act and Schedule 1 was amended by Schedule 12, paragraph 85 of that Act. Sections 5, 7 and 8 and Schedule 1 were repealed by the Education Act 1993, Schedule 21, Part I.
S.I. 1994/2038 (C.39); amended by S.I. 1994/2248 (C.47).