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14(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.”
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