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

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Transfer of statements

21.—(1) This regulation applies where a child in respect of whom a statement is maintained moves from the board area which maintains the statement (ëthe old board') into that of another board (‘the new board’).

(2) The old board shall transfer the statement to the new board.

(3) From the date of the transfer—

(a)the statement shall be treated for the purposes of the new board’s duties and functions under Part II of the 1996 Order and these Regulations as if it had been made by the new board on the date on which it was made by the old board; and

(b)where the new board makes an assessment under Article 15 and the old board has supplied the new board with advice obtained in pursuance of a previous assessment regulation 6(5) shall apply as if the new board had obtained the advice on the date on which the old board obtained it.

(4) The new board shall within 6 weeks beginning with the date on which the statement was transferred to it serve a notice on the child’s parent informing him—

(a)that the statement has been transferred;

(b)whether it proposes to make an assessment under Article 15; and

(c)when it proposes to review the statement in accordance with paragraph (5).

(5) The new board shall review the statement under Article 19(1) before the expiry of whichever of—

(a)the period of 12 months beginning with the making of the statement, or as the case may be, with the previous review; or

(b)the period of 3 months beginning with the date of the transfer,

whichever is the later.

(6) Where by virtue of the transfer of the statement the new board comes under a duty to arrange the child’s attendance at a school specified in the statement but as a result of the child’s move into the area of the new board that attendance is no longer practicable, the new board may arrange for the child’s attendance at another school appropriate for the child until such time as it is possible to amend the statement in accordance with the procedure set out in Schedule 2 to the 1996 Order.

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