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The Children and Families Act 2014 (Transitional and Saving Provisions) (Amendment) (No. 2) Order 2015

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Amendment of the Children and Families Act 2014 (Transitional and Saving Provisions) (No. 2) Order 2014

7.  Article 35 (effect of decision not to prepare EHC plan following detained person’s EHC needs assessment) is amended as follows—

(1) In paragraph (2) for “subject to paragraph (3)” substitute “subject to paragraphs (3) and (3A)”.

(2) In paragraph (3)—

(a)for “Regulation 10” substitute “Subject to paragraph (3A), regulation 10”; and

(b)for “10 weeks” substitute “14 weeks”.

(3) After paragraph (3) insert—

(3A) Where notice of an assessment has been given under Article 32(1) before 1st September 2015, paragraph (3) of this Article applies except that regulation 10 of the Detained Persons Regulations 2015 applies as if paragraph (1) of that regulation required the notification to be given in accordance with section 71(10) of the 2014 Act to be given as soon as is practicable, and in any event within the period of 10 weeks beginning with the day on which the detained person’s EHC needs assessment began..

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