Special Educational Needs and Disability Act 2001

24 Validity and revision of agreements of responsible bodies E+W+S

In the 1995 Act, insert the following section—

“ Agreements relating to enforcement E+W+S

28P Validity and revision of agreements of responsible bodies

(1) Any term in a contract or other agreement made by or on behalf of a responsible body is void so far as it purports to—

(a) require a person to do anything which would contravene any provision of, or made under, this Chapter;

(b) exclude or limit the operation of any provision of, or made under, this Chapter; or

(c) prevent any person from making a claim under this Chapter.

(2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim—

(a) under section 28I or 28N; or

(b) to which section 28K or 28L applies.

(3) On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).

(4) No such order may be made unless all persons affected have been—

(a) given notice of the application; and

(b) afforded an opportunity to make representations to the court.

(5) Subsection (4) applies subject to any rules of court providing for notice to be dispensed with.

(6) An order under subsection (3) may include provision as respects any period before the making of the order.”