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The Education (Northern Ireland) Order 1996
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Changes over time for: Section 15
Changes to legislation:
The Education (Northern Ireland) Order 1996, Section 15 is up to date with all changes known to be in force on or before 12 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 15:
- art. 15(1) words substituted by 2016 c. 8 (N.I.) Sch. para. 5(2)
- art. 15(1)(d) words substituted by 2016 c. 8 (N.I.) Sch. para. 5(3)
- art. 15(4) words omitted by 2016 c. 8 (N.I.) Sch. para. 5(4)
- art. 15(6) words omitted by 2016 c. 8 (N.I.) Sch. para. 5(5)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 para. 3(1)(b)(i)(ii) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 14(2)
- Sch. 1 para. 4(1)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 14(4)
- Sch. 2 para. 2(1)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 15(2)
- Sch. 2 para. 9(1)(a)(b) and preceding word substituted by 2016 c. 8 (N.I.) Sch. para. 15(12)
- Sch. 2 para. 13(2)(a)(i)(ii) and preceding word substituted by 2016 c. 8 (N.I.) Sch. para. 15(20)
- Sch. 2 para. 11(1)(a)(aa) substituted for Sch. 2 para. 11(1)(a) by 2016 c. 8 (N.I.) Sch. para. 15(14)
- art. 5A inserted by 2016 c. 8 (N.I.) s. 1
- art. 6A inserted by 2016 c. 8 (N.I.) s. 2
- art. 8(1)(d)-(f) inserted by 2016 c. 8 (N.I.) s. 3(2)(c)
- art. 8(1A)-(1C) inserted by 2016 c. 8 (N.I.) s. 3(3)
- art. 8(2A) inserted by 2016 c. 8 (N.I.) s. 3(4)
- art. 8ZA inserted by 2016 c. 8 (N.I.) s. 3(5)
- art. 10(3)(a)(b) substituted for words by 2016 c. 8 (N.I.) Sch. para. 4
- art. 12A inserted by 2016 c. 8 (N.I.) s. 4
- art. 14(4A)(4B) inserted by 2016 c. 8 (N.I.) s. 5(3)
- art. 15(4)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 5(4)
- art. 15(6)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 5(5)
- art. 17(1)(a)(b) and preceding word substituted for words by 2016 c. 8 (N.I.) Sch. para. 7(2)
- art. 18A(4)(ba) inserted by 2016 c. 8 (N.I.) s. 9(4)(b)
- art. 19(1A)-(1C) inserted by 2016 c. 8 (N.I.) s. 8(3)(a)
- art. 19(2)(ba) inserted by 2016 c. 8 (N.I.) s. 8(3)(b)(ii)
- art. 20A(7)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 11(4)
- art. 20A(8)(a)(i)(ii) and preceding word substituted for words by 2016 c. 8 (N.I.) Sch. para. 11(5)
- art. 21(5)-(10) added by 2016 c. 8 (N.I.) s. 9(2)
- art. 21A(4)-(7) inserted by 2016 c. 8 (N.I.) Sch. para. 12(4)
- art. 21B(3A)-(4) substituted for art. 21B(4) by 2016 c. 8 (N.I.) s. 10(2)
- art. 21C inserted by 2016 c. 8 (N.I.) s. 10(4)
- art. 21ZA inserted by 2016 c. 8 (N.I.) s. 9(3)
Assessment of educational needsN.I.
15.—(1) Where [F1the Authority] is of the opinion that a child for whom it is responsible falls, or probably falls, within paragraph (2), it shall serve a notice on the child's parent informing him—
(a)that [F1the Authority] [F2 is considering whether] to make an assessment of the child's educational needs,
(b)of the procedure to be followed in making the assessment,
(c)of the name of the officer of [F1the Authority] from whom further information may be obtained, and
(d)of the parent's right to make representations, and submit written evidence, to [F1the Authority] within such period (which shall not be less than [F322 days] beginning with the date on which the notice is served) as may be specified in the notice.
(2) A child falls within this paragraph if—
(a)he has special educational needs, and
(b)it is necessary for [F1the Authority] to determine the special educational provision which any learning difficulty he may have calls for.
(3) Where—
(a)[F1the Authority] has served a notice under paragraph (1) and [F4, subject to paragraph (3A),] the period specified in the notice in accordance with paragraph (1)(d) has expired, and
(b)[F1the Authority] remains of the opinion, after taking into account any representations made and any evidence submitted to it in response to the notice, that the child falls, or probably falls, within paragraph (2),
[F1the Authority] shall make an assessment of his educational needs.
[F5(3A) The Authority may proceed to make an assessment under paragraph (3) before the expiry of the period specified in the notice mentioned in sub-paragraph (a) of that paragraph if it has obtained the consent in writing of the person on whom the notice was served.]
(4) Where [F1the Authority] decides to make an assessment under this Article, it shall give notice in writing to the child's parent of that decision and of [F6the Authority's] reasons for making it.
(5) Schedule 1 (which makes provision in relation to the making of assessments under this Article) shall have effect.
(6) Where, at any time after serving a notice under paragraph (1), [F1the Authority] decides not to assess the educational needs of the child concerned it shall give notice in writing to the child's parent of [F6the Authority's] decision and the reasons for making it.
F1Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F3Words in art. 15(1)(d) substituted (30.9.2016) by Special Educational Needs and Disability Act (Northern Ireland) 2016 (c. 8), ss. 6(1)(a), 18(2); S.R. 2016/327, art. 2
F4Words in art. 15(3)(a) inserted (30.9.2016) by Special Educational Needs and Disability Act (Northern Ireland) 2016 (c. 8), ss. 6(1)(b), 18(2); S.R. 2016/327, art. 2
F5Art. 15(3A) inserted (30.9.2016) by Special Educational Needs and Disability Act (Northern Ireland) 2016 (c. 8), ss. 6(1)(c), 18(2); S.R. 2016/327, art. 2
F6Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(b) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
Modifications etc. (not altering text)
C1Arts. 6-21B: power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)
C2Arts. 6-21B expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
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