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 [local 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 [paragraph 2A] of Schedule 27 (amendment of statement by [local authority]) of a proposal to amend the statement.
[(3)Regulations may provide—
(a)that where a [local authority] are under a duty under section 323, 329 or 329A [, 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 [local 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 [local 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 [local 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.]