The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
In section 5 of EA 2005 (duty to inspect certain schools in England at prescribed intervals), after subsection (5) there is inserted—
“(5A)In reporting on how far the education provided in a mainstream school meets the needs of the range of pupils at the school, the Chief Inspector must in particular consider the needs of—
(a)pupils who have a disability for the purposes of the Equality Act 2010;
(b)pupils who have special educational needs.
In this subsection a “mainstream school” is a school within subsection (2)(a) or (2)(c) to (f).”
After section 328 of EA 1996 (reviews of special educational needs) there is inserted—
(1)This section applies where a local authority in England—
(a)conduct a review of a statement in accordance with section 328(5)(b), and
(b)determine not to amend the statement.
(2)The authority shall give written notice of the determination and of their reasons for making it to the parent of the child concerned.
(3)The parent may appeal to the Tribunal.
(4)Subsections (1A), (3), (4) and (5) of section 326 apply to an appeal under this section as they apply to an appeal under that section, but with the omission of subsection (3)(c).
(5)A notice under subsection (2) must inform the parent of the right of appeal and of the period within which the right may be exercised.
(6)A notice under subsection (2) must be given to the parent within the period of seven days beginning with the day on which the determination is made.”
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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