The Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994

2.—(1) This paragraph applies in any case where—

(a) before 1st September 1994 a local education authority serve notice under section 5(5) of the 1981 Act of their intention to carry out an assessment under that section, and

(b) by a time immediately before that date the local education authority have not served on the parent of the child concerned a notice under section 5(7) of that Act or a copy of a proposed statement under section 7(3) of that Act.

(2) Subject to sub-paragraph (4) below, in any case to which this paragraph applies sections 5(6), (7) and (10) and 7(1) and (3) to (8) of, and paragraphs 1, 2 and 3 of Schedule 1 to, the 1981 Act shall continue to have effect on and after 1st September 1994 in relation to—

(a) the making of an assessment of the child’s special educational needs in pursuance of the notice under section 5(5) of the 1981 Act, and

(b) (where it is decided in the light of that assessment that the local education authority should determine the special educational provision which is to be made for the child) the making of a statement of special educational needs in pursuance of that decision.

(3) Where section 5(6) of the 1981 Act has effect by virtue of sub-paragraph (2) above, that section shall have effect as if for “in writing to the Secretary of State” there were substituted “to the Special Educational Needs Tribunal”.

(4) Sub-paragraph (2) above shall cease to apply in any case where the local education authority have failed before 1st January 1995 either—

(a) to serve notice on the parent of the child in accordance with section 5(7) of the 1981 Act, or

(b) to serve on the parent in accordance with section 7(3) of that Act a copy of the child’s proposed statement of educational needs.

(5) In any case to which sub-paragraph (2) above applies—

(a) sections 167(6), 168(1) to (4) and 169(1) and (2) of, and Schedule 9 and paragraphs 2 to 5 of Schedule 10 to, the Act shall not apply, and

(b) section 169(3) shall have effect as if the reference to an appeal under that section included a reference to an appeal under section 5(6) of the 1981 Act (as if it has effect by virtue of this paragraph).

(6) An appeal under section 5(6) of the 1981 Act (as it has effect by virtue of this paragraph) shall be treated for the purposes of Part III of the Act as if made under section 169(2) of the Act.

(7) Any assessment or any statement of special educational needs made under section 5 or 7 of the 1981 Act by virtue of sub-paragraph (2) above shall have effect as if made (as the case may be) under section 167 or 168 of the Act; and any reference, whether express or implied, in any enactment, instrument or document to an assessment under section 167 of the Act, or a statement under section 168 of the Act, is to be read so far as the nature of the reference permits as including a reference to any assessment or any statement so made.