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Section 56 Mediation: supplementaryI1I2

(1)

Regulations may make provision for the purposes of sections 52 to 55, in particular—

(a)

about giving notice;

(b)

imposing time limits;

(c)

enabling a local authority or commissioning body to take prescribed steps following the conclusion of mediation;

(d)

about who may attend mediation;

(e)

where a child's parent is a party to mediation, requiring the mediator to take reasonable steps to ascertain the views of the child;

C1(f)

about the provision of advocacy and other support services for the parent or young person;

(g)

requiring a local authority or commissioning body to pay reasonable travel expenses and other expenses of a prescribed description, up to any prescribed limit;

(h)

about exceptions to the requirement in section 55(3);

(i)

about the training, qualifications and experience of mediators and mediation advisers;

(j)

conferring powers or imposing requirements on local authorities, commissioning bodies, mediators and mediation advisers.

(2)

In section 55 and this section “mediation adviser” means an independent person who can provide information and advice about pursuing mediation.

(3)

For the purposes of subsection (2), a person is not independent if he or she is employed by any of the following—

(a)

a local authority in England;

F1(b)

an integrated care board;

(c)

F2NHS England.

(4)

In this section “commissioning body” means a body that is under a duty to arrange health care provision of any kind.

Annotations

Textual amendments

F1

S. 56(3)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 205; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2

Words in s. 56 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Modifications

C1

S. 56(1)(f) modified (1.9.2014) by The Special Educational Needs and Disability Regulations 2014 (S.I. 2014/1530), regs. 1, 64(1)(b), 64(2), Sch. 3 Pt. 2

Commencement

I1

S. 56 in force at 1.4.2014 for specified purposes by S.I. 2014/889, art. 3(h)

I2

S. 56 in force at 1.9.2014 in so far as not already in force by S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505 and (1.9.2015) by S.I. 2015/1619)

Notes on Part 3

Modifications

C1

Pt. 3 modified (1.4.2015) by The Special Educational Needs and Disability (Detained Persons) Regulations 2015 (S.I. 2015/62), regs. 1, 31(1), 32(1)