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The Education (Special Educational Needs) Regulations (Northern Ireland) 2005

S.R. 2005/384 · Made 10 August 2005 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 25 March 2022.

EDUCATION

Made 10th August 2005

Coming into operation 1st September 2005

The Department of Education, in exercise of the powers conferred on it by Articles 7A(1)(b) M1, 14(5), 16(2), 17(2A) and (2B) M2, 18A(4) M3, 19(2), 20(3A) M4, 20A(9)(b) M5, 23A M6 and 28(2) of and paragraphs 2(1) and (2) and 3(1), (3) and (4) of Schedule 1 M7 and paragraphs 2(2)(a), 4(3), 8(5), 9(3), 10(1) and (2), 11(4) and (6), and 13(3) and (5) of Schedule 2 M8 to the Education (Northern Ireland) Order 1996 M9 and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

Article 7 was substituted and Article 7A added by Article 3 of S.I. 2005/1117 (N.I. 6)

M2

As inserted by paragraph 4(2) of Schedule 5 to S.I. 2005/1117 (N.I. 6)

M3

Article 18A was inserted by Article 8 of S.I. 2005/1117 (N.I. 6)

M4

As inserted by paragraph 5(2) of Schedule 5 to S.I. 2005/1117 (N.I. 6)

M5

Article 20A was inserted by Article 10 of S.I. 2005/1117 (N.I. 6)

M6

Article 23A was inserted by Article 6 of S.I. 2005/1117 (N.I. 6)

M7

Paragraph 3 of Schedule 1 was amended by paragraph 8(1) to (4) of Schedule 5 to S.I. 2005/1117 (N.I. 6)

M8

Schedule 2 was substituted by Schedule 1 to S.I 2005/1117 (N.I. 6)

M9

S.I. 1996/274 (N.I. 1)

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Delegation of functions or duties of a principal
  5. 4Notices
  6. Part II: ASSESSMENTS
  7. 5Notices relating to assessment
  8. 6Advice to be sought by a board
  9. 7Educational advice
  10. 8Medical advice
  11. 9Psychological advice
  12. 10Matters to be taken into account in making an assessment
  13. 11Time limits and prescribed information relating to assessment
  14. 12Children without statements in special schools
  15. Part III: STATEMENTS
  16. 13Notices accompanying a proposed statement or proposed amended statement following a re-assessment review
  17. 14Amendment notice following a review under Article 19(1)(b)
  18. 15Statement of special educational needs
  19. 16Time limit relating to a proposed statement
  20. 17Time limits and prescribed information relating to a statement
  21. 18Review of statement where child not aged 14 attends school
  22. 19First review of statement after a child's 14th birthday for a child who attends school
  23. 20Review of statement where child does not attend school
  24. 21Transfer of statements
  25. 22Restriction on disclosure of statements
  26. Part IV: COMPLIANCE WITH TRIBUNAL ORDERS
  27. 23Compliance with Tribunal orders
  28. 24Compliance with parents' requests when a board concedes an appeal to the Tribunal
  29. Part V: REVOCATIONS AND TRANSITIONAL PROVISIONS
  30. 25Revocations
  31. 26Transitional provisions
  32. Signature
  33. Schedule 1
  34. Part A: notice to parent to accompany a proposed statement or proposed amended statement following re-assessment — regulation 13
  35. Paragraph
  36. Paragraph
  37. Paragraph
  38. Paragraph
  39. Paragraph
  40. Paragraph
  41. Paragraph
  42. Paragraph
  43. Preference as to School
  44. Paragraph
  45. Paragraph
  46. Parent representations
  47. Paragraph
  48. Consultation on specifying name of school in the statement
  49. Any Question or Concerns
  50. Right of Appeal
  51. Paragraph
  52. Paragraph
  53. Paragraph
  54. Paragraph
  55. Part B: amendment notice to parent following a review — regulation 14
  56. Paragraph
  57. Paragraph
  58. Paragraph
  59. Paragraph
  60. Paragraph
  61. Paragraph
  62. Paragraph
  63. Paragraph
  64. Preference as to School
  65. Paragraph
  66. Paragraph
  67. Paragraph
  68. Consultation on specifying name of school in the statement
  69. Any Questions or Concerns
  70. Right of Appeal
  71. Paragraph
  72. Paragraph
  73. Paragraph
  74. Paragraph
  75. Schedule 2: STATEMENT OF SPECIAL EDUCATIONAL NEEDS — REGULATION 15
  76. Part 1: introduction
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. Part 2: special educational needs
  80. Paragraph
  81. Part 3: special educational provision other than placement
  82. Paragraph
  83. Paragraph
  84. Paragraph
  85. Paragraph
  86. Paragraph
  87. Paragraph
  88. Paragraph
  89. Part 4: special educational provision: placement
  90. Paragraph
  91. Part 5: non-educational needs
  92. Paragraph
  93. Part 6: non-educational provision
  94. Paragraph
  95. Paragraph
  96. Paragraph
  97. Paragraph
  98. Paragraph
  99. Paragraph
  100. Paragraph
  101. Paragraph
  102. Paragraph
  103. Paragraph
  104. Paragraph
  105. Paragraph
  106. Paragraph
  107. Paragraph
  108. Paragraph
  109. Explanatory note