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The Special Educational Needs and Disability (Northern Ireland) Order 2005

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8.—(1) Paragraph 3 of Schedule 1 (manner and timing of assessments under Article 15) is amended as follows.

(2) In sub-paragraph (2), for “paragraph 10” substitute “paragraph 3”.

(3) For sub-paragraphs (3) and (4) substitute—

(3) Regulations may provide—

(a)that where a board is under a duty under Article 15, 20 or 20A to serve any notice, the duty must be performed within the prescribed period,

(b)that where a board has served a notice under Article 15(1) or 20A(3) on a child’s parent, it must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

(c)that where a request has been made to a board under Article 20(1), it must decide within the prescribed period whether or not to comply with the request, and

(d)that where a board is under a duty to make an assessment, the duty must be performed within the prescribed period.

(4) Provision made under sub-paragraph (3)—

(a)may be subject to prescribed exceptions, and

(b)does not relieve the board of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period..

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