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The Education (National Curriculum) (Temporary Exceptions for Individual Pupils) (Wales) Regulations 1999

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10.—(1) Subject to paragraph (3), a head teacher who has given a special direction in respect of a pupil may, if he is still of the same opinion for which he gave the original direction, give a further such direction in respect of him–

(a)if a statement of special educational needs has not been made or, as the case may be, amended in respect of the pupil before the end of the operative period of the first direction and the responsible authority have not given notice to the head teacher that they have determined not to make or amend such a statement;

(b)if the responsible authority’s decision not to make a statement of special educational needs in respect of the pupil is subject to appeal under section 325 of the 1996 Act at the time that the operative period of the first special direction expires; or

(c)if a statement of special educational needs has been made in respect of the pupil but is subject to appeal under section 326 of the 1996 Act at the time that the operative period of the first special direction expires.

(2) Any further special direction given under paragraph (1) shall be for an operative period beginning immediately after the expiry of the operative period of the first direction and shall be for an operative period ending not later than one month after the statement of special educational needs has been made or amended, or the appeal disposed of, as the case may be, and in any event that period shall not exceed six months.

(3) A further special direction may be given–

(a)once, while paragraph (1)(a) applies;

(b)once, while paragraph (1)(b) applies; and

(c)any number of times while paragraph (1)(c) applies.

(4) Regulation 6 shall apply to a further special direction given under paragraph (1).

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