Regulation 21 Transitioal provisions

(1)

Subject to the following provisions of this regulation references in these Regulations to anything done under the Act or these Regulations shall be read in relation to the times, circumstances or purposes in relation to which a corresponding provision of the 1981 Act or the 1983 Regulations had effect and so far as the nature of the reference permits as including a reference to that corresponding provision.

(2)

Regulations 3 to 8 of the 1983 Regulations shall continue to apply in relation to any assessment where before 1st September 1994 in pursuance of section 5(5) of the 1981 Act

(3)

Where regulations 3 to 8 of the 1983 Regulations continue to apply in relation to any assessment but the authority have not before 1st January 1995—

(a)

notified the parent of their decision that they are not required to determine the special educational provision of the child in accordance with section 5(7) of the 1981 Act, or

(b)

served on the parent a copy of a proposed statement in accordance with section 7(3) of the 1981 Act

Part II of these Regulations shall apply in relation to the assessment from 1st January 1995 as if on that date the authority had given notice to the parent under section 167(4) of their decision to make an assessment.

(4)

Where in accordance with paragraph (3) above Part II of these Regulations applies in relation to an assessment the authority shall obtain advice in accordance with Part II, but advice obtained in accordance with the 1983 Regulations shall be considered to have been obtained under Part II if such advice is appropriate for the purpose of arriving at a satisfactoryassessment under that Part.

(5)

Where before 1st September 1994 in accordance with section 5(3) of the 1981 Act the authority have served notice on the child’s parent that they propose to make an assessment but they have not before that date notified the parent under section 5(5) of the 1981 Act that they have decided to make the assessment or notified them that they have decided not to make the assessment, the authority shall decide whether or not to make the assessment in accordance with section 167 and not later than 13th October 1994 give notice to the child’s parent—

(a)

under section 167(4) of their decision to make an assessment, and of their reasons for making that decision, or

(b)

under section 167(6) of their decision not to assess the educational needs of the child,

and Part II of these Regulations shall apply to any such assessment.

(6)

Where before 1st September 1994 in accordance with section 9 of the 1981 Act a parent has asked the authority to arrange for an assessment to be made of the child’s educational needs but the authority have not before that date notified the parent under section 5(5) of the 1981 Act that they have decided to make the assessment or notified them that they have decided not to make the assessment, the authority shall decide whether or not to make the assessment inaccordance with section 167 and not later than 13th October 1994 give notice to the child’s parent—

(a)

under section 167(4) of their decision to make an assessment, or

(b)

under section 172(3)(a) or 173(2)(a) of their decision not to comply with the request and of the parent’s right toappeal to the Tribunal against the determination,

and Part II of these Regulations shall apply to any such assessment.

(7)

Regulation 10 of the 1983 Regulations shall continue to apply to the making of any statement where before 1st FJanuary 1995 the authority have served on the parent a copy of a proposed statement in accordance with section 7(3) ofthe 1981 Act, and regulations 12, 13 and 14(1) to (4) of these Regulations shall not apply to making of any such statement.

(8)

Regulation 14(6)

and (7) shall not apply in relation to a proposal to amend or cease to maintain a statement where an authority serve a notice under paragraph 6 of Schedule 1 to the 1981 Act^f1before 1st September 1994.

(9)

Regulations 5 to 17 shall not apply to any review of a statement which is required to be completed before 1st December 1994.

(10)

Regulations 15 to 17 shall apply to a review of a statement which is not required to be completed before 1st December 1994, but where the statement was made under the 1981 Act they shall apply with any necessary modifications, including the following:

(a)

where the review is the first review commenced after 1st September 1994—

(i)

the authority shall seek advice as to the objectives which the special educational provision for the child shouldmeet rather than as to the child’s progress towards meeting the objectives specified in the statement;

(ii)

the authority shall seek advice as to the targets which should be established in furtherance of those objectivesrather than as to the child’s progress towards attaining any such targets;

(iii)

where the child has attained the age of 14 years before the date on which the review is commenced theauthority shall in any event seek advice as to any matters which are the appropriate subject of a transition plan;

(iv)

the meeting held in accordance with regulation 15(7), 16(6) or 17(6) shall consider the matters referred to in those regulations as modified by subparagraphs (i) to (iii) above as appropriate, and shall make recommendations under regulation 15(8), 16(7) or 17(7) but including recommendations as to the objectives referred to in subparagraph (i), the targets referred to in subparagraph (ii) and where appropriate the transition plan referred to in paragraph (iii); and

(v)

the authority shall review the statement in accordance with regulation 15(12), 16(9) or 17(9), shall makerecommendations as to the matters referred to in those regulations read in light of the modifications in this subparagraph, shall prepare a transition plan where subparagraph (iii) above applies, and shall in any event specify the objectives referred to in subparagraph (i) above;

and

(b)

where the review is not the first review commenced after 1st September 1994 any reference to objectives shall includea reference to objectives specified in accordance with subparagraph (a)(v) above in addition to objectives specified in astatement.

(11)

Subject to paragraphs (12) and (13), regulation 12 of the 1983 Regulations shall continue to apply in relation to a transfer on a date before 1st September 1994, and regulation 18 of these Regulations shall not apply in relation to sucha transfer.

(12)

Notwithstanding paragraph (11), where a statement has been transferred on a date before 1st September 1994and the new authority has not before that date either—

(a)

in pursuance of section 5(3) of the 1981 Act served a notice on the child’s parent that they propose to make an assessment, or

(b)

in pursuance of regulation 12(4) of the 1983 Regulations notified the child’s parent that they do not propose to make an assessment,

they shall comply with regulation 18(3) of these Regulations before 13th October 1994.

(13)

Notwithstanding paragraph (11), where a statement has been transferred on a date before 1st September 1994 the new authority shall review the statement under section 172(5) before the expiry of whichever of the following two periods expires later—

(a)

the period of twelve months beginning with the making of the statement, or as the case may be, with the previousreview, or

(b)

the period ending on 30th November 1994.

(14)

Regulation 11 of the 1983 Regulations shall not apply to statements made before or after 1st September 1994 and regulation 19 of these Regulations shall apply, except that a statement may be disclosed for the purposes of any appeal under section 8 of the 1981 Act^f2as well as for the purposes of any appeal under the Act.

Annotations

Footnotes

f1: Paragraph 6(4) of Schedule 1 was added by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 85.
f2: Section 8(1) was substituted by the Education Reform Act 1988 (c. 40), Schedule 12, paragraph 84.