5(1)Where representations are made to a local education authority under paragraph 4(1)(a), the authority shall not make [F1or amend] the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 for making requirements or further representations has expired.E+W
(2)[F2If a local education authority make a statement, it] may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.
[F3(2A)If a local education authority amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.
(2B)If a local education authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.]
(3)Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty, or any step required to be taken for performance of the duty, must, subject to prescribed exceptions, be performed within the prescribed period.
(4)Such provision shall not relieve the authority of the duty to make a statement, or take any step, which has not been performed or taken within that period.
Textual Amendments
F1Words in Sch. 27 para. 5(1) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 11 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II
F2Words in Sch. 27 para. 5(2) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II
F3Sch. 27 para. 5(2A)(2B) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 13 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II