The Health and Personal Social Services(Northern Ireland) Order 1991

The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

• In Article 36 (duty of health and social services board to notify its opinion that a child has special educational needs)—

  (a)

  in paragraph (1) for the words from the beginning to “the opinion that he has” there shall be substituted—

  • “If a health and social services board—

    (i)

    in the course of exercising any of its functions in relation to a child who has not attained the age of five years; or

    (ii)

    after receiving notice under paragraph (1A) in respect of a child and making such inquiries as it thinks fit, forms the opinion that the child has”;

  (b)

  after paragraph (1) there shall be inserted the following paragraphs—

  “(1A) If, in the course of the exercise by an HSS trust of any of its functions in relation to a child who has not attained the age of five years, the directors of the trust form the opinion that the child has, or probably has, special educational needs, the directors shall notify the health and social services board for the area in which the child resides of that opinion.

  (1B) In paragraph (1A) “HSS trust” means a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991.”.