Article 16 Children for whom the new law does not apply by a certain dateI1

England and Wales

(1)

This article applies to a child—

(a)

who had a statement on 1 September 2022,

(b)

who was during the 2022-2023 school year—

(i)

under compulsory school age,

(ii)

of compulsory school age and in a reception class, year 6, year 10 or year 11 or would be in any of those year groups if the child were a registered pupil at a maintained school,

(c)

where the local authority is ordered to perform an action as a result of an appeal being finally determined and the action has not been performed by 30 August 2023,

(d)

in relation to whom no further appeal is ongoing on 30 August 2023, and

(e)

in relation to whom the new law does not apply on 30 August 2023.

(2)

On the transfer day—

(a)

the new law applies in relation to the child, and

(b)

the old law ceases to apply in relation to the child.

(3)

In this article “transfer day” means the day after which the action referred to in paragraph (1)(c) is performed, or all of the actions have been performed if there is more than one action.

Annotations

Commencement

I1: Art. 16 in force at made date