3(1)Regulations may make provision—E+W
(a)as to the manner in which assessments are to be conducted,
(b)requiring the local education authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and
(c)in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.
(2)Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under [F1paragraph 2A] of Schedule 27 (amendment of statement by LEA) of a proposal to amend the statement.
[F2(3)Regulations may provide—
(a)that where a local education authority are under a duty under section 323, 329 or 329A to serve any notice, the duty must be performed within the prescribed period,
(b)that where a local education authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they 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 local education authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and
(d)that where a local education authority are 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 authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.]
Textual Amendments
F1Words in Sch. 26. para. 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 14(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II
F2Sch. 26 para. 3(3)(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 14(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II