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Education Act 1996

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Changes over time for: Cross Heading: Manner, and timing, of assessments, etc.

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Status:

Point in time view as at 25/03/2022.

Changes to legislation:

Education Act 1996, Cross Heading: Manner, and timing, of assessments, etc. is up to date with all changes known to be in force on or before 08 March 2025. 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

Manner, and timing, of assessments, etc.E+W

3(1)Regulations may make provision—E+W

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

(b)requiring the [F1local authority], where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

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

(2)Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under [F2paragraph 2A] of Schedule 27 (amendment of statement by [F1local authority]) of a proposal to amend the statement.

[F3(3)Regulations may provide—

(a)that where a [F1local authority] are under a duty under section 323, 329 or 329A [F4, or under regulations under sub-paragraph (1)(b), ] to serve any notice, the duty must be performed within the prescribed period,

(b)that where a [F1local authority] have served a notice under section 323(1) or 329A(3) on a child’s parent, they 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 a [F1local authority] under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

(d)that where a [F1local authority] are 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 the 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.]

Textual Amendments

F2Words in Sch. 26. para. 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 14(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F3Sch. 26 para. 3(3)(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 14(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

F4Words in Sch. 26 para. 3(3)(a) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(2), 188(2) (with s. 174(4))

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