OpenLegislation

Paragraph 3

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Regulations may make provision—

(a)

as to the manner in which assessments are to be conducted,

(b)

requiring F1the Authority , where, after conducting an assessment in respect of a child for whom a statement is maintained under Article 16, it determines not to amend the statement, to serve on the parent of the child notice giving the prescribed information, and

(c)

in connection with such other matters relating to the making of assessments as the Department considers appropriate.

(2)

Sub-paragraph (1)(b) does not apply to a determination made following the service of notice underF2 paragraph 3 of Schedule 2 of a proposal to amend the statement.

(F33)

Regulations may provide—

(a)

that where the Authority 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 the Authority 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 the Authority under Article 20(1), it must decide within the prescribed period whether or not to comply with the request, and

(d)

that where the Authority 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 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.

Annotations

Textual amendments

F1

Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)

F2

2005 NI 6

F3

2005 NI 6