SCHEDULES

SCHEDULE 8 MINOR AND CONSEQUENTIAL AMENDMENTS

Part 1 THE 1996 ACT

I114Time limits with respect to assessments

1

Paragraph 3 of Schedule 26 (manner and timing of assessments under section 323) is amended as follows.

2

In sub-paragraph (2), for “paragraph 10” substitute “ paragraph 2A ”.

3

For sub-paragraphs (3) and (4) substitute—

3

Regulations may provide—

a

that where a local education authority are under a duty under section 323, 329 or 329A to serve any notice, the duty must be performed within the prescribed period,

b

that where a local education 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 education 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 education 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.