The Education (Northern Ireland) Order 1987

2.—(1) The following provisions of this paragraph apply in relation to—

(a) any child in respect of whom, immediately before 1st April 1987, a decision has been recorded under paragraph 2 of Schedule 12 to the principal Order which has not been cancelled under that paragraph; and

(b) any other child in relation to whom, immediately before that date, transferred functions are exercisable.

(2) The child shall be taken to have special educational needs and the board shall be taken to have made an assessment of his educational needs under Article 29 of the principal Order and to have formed the opinion that his special educational needs call for the board to determine the special educational provision that should be made for him.

(3) During the period of 2 years beginning with 1st April 1987 the board shall not be under the duty imposed by Article 31 of the principal Order to make and maintain a statement of the child’s special educational needs.

(4) A statement made in respect of the child under Article 31 of the principal Order but before an assessment of his educational needs is made under Article 29 of that Order, need not give details of the board’s assessment of those needs until such time as an assessment has been made under Article 29.

(5) Until such time as the board makes a statement in respect of the child under Article 31 of the principal Order it shall be under a duty to secure, either in a grant-aided school or otherwise, the provision for the child of such special educational provision as appears to the board to be appropriate.