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SCHEDULE 7
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MINOR AND CONSEQUENTIAL AMENDMENTS |
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PART I |
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THE 1996 ACT |
| | 1. The 1996 Act is amended as follows.
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The re-naming of the Tribunal |
| | 2. In section 313(5), for "Special Educational Needs Tribunal" substitute "Special Educational Needs and Disability Tribunal".
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| | 3. In section 333, for subsection (1) substitute-
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"(1) The Tribunal shall exercise the jurisdiction conferred on it by this Part."
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| | 4. In paragraph 118(3) of Schedule 37, omit paragraph (d).
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Annual reports |
| | 5. In section 317(5) (annual report to contain information on implementation of policy on special educational needs), for the words from the beginning to "school" substitute "Each governors' report".
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Contents and service of notices |
| | 6. - (1) In section 325 (appeal against decision not to make a statement), in subsection (1), omit ", and of the effect of subsection (2) below,".
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(2) After subsection (2) of that section insert-
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"(2A) A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.
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(2B) Regulations may provide that where a local education authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period."
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| | 7. - (1) In section 328 (reviews of educational needs), in subsection (3)(a), for the words from "notice" to "below" substitute "notice in writing of that fact".
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(2) After subsection (3) of that section insert-
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"(3A) A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed.
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(3B) Regulations may provide that where a local education authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period."
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| | 8. - (1) In section 329 (assessment of educational needs at request of child's parent), in subsection (2)(a), for the words from "notice" to "below" substitute "notice in writing of that fact".
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(2) After subsection (2) of that section insert-
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"(2A) A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed."
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| | 9. - (1) The existing provisions of paragraph 6 of Schedule 27 (service of statement of special educational needs) become sub-paragraph (1) of that paragraph.
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(2) After that sub-paragraph insert-
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"(2) A notice under sub-paragraph (1) must contain such other information as may be prescribed."
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| | 10. - (1) In paragraph 8 of that Schedule (ceasing to maintain a statement), in sub-paragraph (3)(a), for the words from "notice" to "below" substitute "notice in writing of that fact".
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(2) After sub-paragraph (3) of that paragraph insert-
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"(3A) A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed."
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| | 11. In paragraph 10 of that Schedule (amendment of statement), after sub-paragraph (4) insert-
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"(4A) A notice under sub-paragraph (4) must contain such other information as may be prescribed."
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| | 12. - (1) In paragraph 11 of that Schedule (ceasing to maintain a statement), in sub-paragraph (2)(a), for the words from "notice" to "below" substitute "notice in writing of that fact".
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(2) After sub-paragraph (2) of that paragraph insert-
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"(2A) A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed."
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Proposals to make an assessment |
| | 13. - (1) In section 323(1)(a) (assessment of special educational needs), for "propose" substitute "are considering whether".
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(2) In paragraph 4(1) of Schedule 26 (making of assessments under section 323), for "propose" substitute "are considering whether".
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Statements: suitable arrangements made by parents |
| | 14. In section 347 (provision for children with special educational needs in independent schools), after subsection (5) insert-
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"(5A) But that does not apply to a local education authority deciding, for the purposes of section 324(5), whether a parent has made suitable arrangements."
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Procedure regulations |
| | 15. - (1) Section 336 is amended as follows.
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(2) In subsection (2)-
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(a) omit paragraph (d); and |
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(b) in paragraph (g), for "discovery" substitute "disclosure". |
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(3) After subsection (2), insert-
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"(2A) Proceeding before the Tribunal shall be held in private, except in prescribed circumstances."
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(4) In subsection (4), for "that Act" substitute "that Part".
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(5) After that subsection, insert-
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"(4A) The regulations may make provision for an appeal under this Part to be heard, in prescribed circumstances, with a claim under Chapter I of Part IV of the Disability Discrimination Act 1995."
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Time limits with respect to assessments |
| | 16. For paragraph 3(3) and (4) of Schedule 26 (time for making assessments) substitute-
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"(3) Regulations may provide-
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(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, |
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(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, |
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(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 |
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(d) that where a local education authority are under a duty to make an assessment, the duty must be performed within the prescribed period. |
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(4) Provision made under sub-paragraph (3)-
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(a) may be subject to prescribed exceptions, and |
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(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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