Cases and circumstances in which directions may be given
3.—(1) Subject to paragraph (2), where the head teacher of a maintained school is of the opinion in the case of any registered pupil at the school–
(a)that it is not for the time being appropriate to offer him the National Curriculum as it would otherwise apply to him; and
(b)either that–
(i)the circumstances that give rise to that opinion are likely to change significantly so that, within six months from the operative date, the pupil will be able to follow the National Curriculum as it would otherwise apply to him; or
(ii)those circumstances are indicative of a need for the pupil to be assessed under section 323 of the 1996 Act with a view to the making or amending of a statement of special educational needs in respect of him;
he may give a direction of the kind referred to in regulation 4.
(2) A head teacher shall not give a direction in circumstances to which paragraph (1)(b)(ii) applies unless he has first consulted the local education authority and the responsible authority (if different).