# The Special Educational Needs and Disability (Northern Ireland) Order 2005, Paragraph 8


(1) Paragraph 3 of Schedule 1 (manner and timing of assessments under Article 15) is amended as follows.
(2) In sub-paragraph (2), for “paragraph 10” substitute “paragraph 3”.
(3) For sub-paragraphs (3) and (4) substitute—
“(3) Regulations may provide—
(a) that where a board is under a duty under Article 15, 20 or 20A to serve any notice, the duty must be performed within the prescribed period,
(b) that where a board has served a notice under Article 15(1) or 20A(3) on a child’s parent, it 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 board under Article 20(1), it must decide within the prescribed period whether or not to comply with the request, and
(d) that where a board is 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 board 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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Source: https://www.legislation.gov.uk/ukdsi/2005/0110490967/schedule/5/paragraph/8 (the official version)
Page: https://openlegislation.uk/draft-special-educational-needs-and-disability-northern-ireland-order-2005/schedule-5/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

