School Standards and Framework Act 1998

123 Children with special educational needs. E+W

(1) It shall be the duty of—

(a) any local education authority or other person providing relevant nursery education, and

(b) any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,

(except where a duty is already imposed by subsection (2) of section 313 of the M1 Education Act 1996) to have regard to the provisions of the code of practice issued under that section (practical guidance in respect of the discharge of functions under Part IV of that Act).

(2) That code of practice may include practical guidance in respect of the provision of relevant nursery education for children with special educational needs in circumstances where functions under Part IV of the M2 Education Act 1996 do not fall to be discharged.

(3) But unless that code of practice includes provision made by virtue of subsection (2)—

(a) the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under Part IV of the M3 Education Act 1996 do not fall to be discharged, and

(b) the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.

[F1 (3A) Subsection (3B) applies if—

(a) a local education authority or other person providing relevant nursery education for a child makes special educational provision for him because it is considered that he has special educational needs;

(b) no statement under section 324 of the Education Act 1996 is maintained for the child; and

(c) his parent has not previously been informed under subsection (3B) of the special educational provision made for him.

(3B) The local education authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.]

(4) In this section “relevant nursery education” means nursery education which is provided—

(a) by a local education authority, or

(b) by any other person who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).

Textual Amendments

F1 S. 123(3A)(3B) inserted (1.1.2002 for E. and 1.4.2002 for W.) by 2001 c. 10, ss. 7(2), 43(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (which S.I. was amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Marginal Citations

M1 1996 c. 56.

M2 1996 c. 56.

M3 1996 c. 56.