Modifications etc. (not altering text)
C1Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)
Textual Amendments
F1Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))
Modifications etc. (not altering text)
C2Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
(1)A [F2local authority] shall exercise their powers with a view to securing that, of the children for whom they are responsible, they identify those to whom subsection (2) below applies.
(2)This subsection applies to a child if—
(a)he has special educational needs, and
(b)it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.
(3)For the purposes of this Part a [F2local authority] are responsible for a child if he is in their area and—
(a)he is a registered pupil at a [F3maintained school] [F4 or maintained nursery school] ,
F5[(b)education is provided for him at a school which is not a maintained school [F4 or maintained nursery school] but is so provided at the expense of the authority,]
(c)he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or
(d)he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.
Textual Amendments
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F3Words in s. 321(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1
F4Words in s. 321(3)(a)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 42 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
F5S. 321(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1