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The Education (Northern Ireland) Order 1996
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Changes over time for: Section 17
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Changes to legislation:
The Education (Northern Ireland) Order 1996, Section 17 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 17:
- art. 17(2) words substituted by 2016 c. 8 (N.I.) Sch. para. 7(3)
- art. 17(2)(b) applied by 2016 c. 8 (N.I.) s. 13(2)(a)
- art. 17(2)(b) applied by 2016 c. 8 (N.I.) s. 14(2)(a)
- art. 17(2A) words substituted by 2016 c. 8 (N.I.) Sch. para. 7(4)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 para. 3(1)(b)(i)(ii) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 14(2)
- Sch. 1 para. 4(1)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 14(4)
- Sch. 2 para. 2(1)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 15(2)
- Sch. 2 para. 9(1)(a)(b) and preceding word substituted by 2016 c. 8 (N.I.) Sch. para. 15(12)
- Sch. 2 para. 13(2)(a)(i)(ii) and preceding word substituted by 2016 c. 8 (N.I.) Sch. para. 15(20)
- Sch. 2 para. 11(1)(a)(aa) substituted for Sch. 2 para. 11(1)(a) by 2016 c. 8 (N.I.) Sch. para. 15(14)
- art. 5A inserted by 2016 c. 8 (N.I.) s. 1
- art. 6A inserted by 2016 c. 8 (N.I.) s. 2
- art. 8(1)(d)-(f) inserted by 2016 c. 8 (N.I.) s. 3(2)(c)
- art. 8(1A)-(1C) inserted by 2016 c. 8 (N.I.) s. 3(3)
- art. 8(2A) inserted by 2016 c. 8 (N.I.) s. 3(4)
- art. 8ZA inserted by 2016 c. 8 (N.I.) s. 3(5)
- art. 10(3)(a)(b) substituted for words by 2016 c. 8 (N.I.) Sch. para. 4
- art. 12A inserted by 2016 c. 8 (N.I.) s. 4
- art. 14(4A)(4B) inserted by 2016 c. 8 (N.I.) s. 5(3)
- art. 15(4)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 5(4)
- art. 15(6)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 5(5)
- art. 17(1)(a)(b) and preceding word substituted for words by 2016 c. 8 (N.I.) Sch. para. 7(2)
- art. 18A(4)(ba) inserted by 2016 c. 8 (N.I.) s. 9(4)(b)
- art. 19(1A)-(1C) inserted by 2016 c. 8 (N.I.) s. 8(3)(a)
- art. 19(2)(ba) inserted by 2016 c. 8 (N.I.) s. 8(3)(b)(ii)
- art. 20A(7)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 11(4)
- art. 20A(8)(a)(i)(ii) and preceding word substituted for words by 2016 c. 8 (N.I.) Sch. para. 11(5)
- art. 21(5)-(10) added by 2016 c. 8 (N.I.) s. 9(2)
- art. 21A(4)-(7) inserted by 2016 c. 8 (N.I.) Sch. para. 12(4)
- art. 21B(3A)-(4) substituted for art. 21B(4) by 2016 c. 8 (N.I.) s. 10(2)
- art. 21C inserted by 2016 c. 8 (N.I.) s. 10(4)
- art. 21ZA inserted by 2016 c. 8 (N.I.) s. 9(3)
Appeal against decision not to make statementN.I.
17.—(1) If, after making an assessment under Article 15 of the educational needs of any child for whom no statement is maintained under Article 16, [F1the Authority] does not propose to make such a statement, it shall give notice in writing of its decision, of the reasons for making itF2. . . to the child's parent.
(2) In such a case, the child's parent—
(a)shall have the right to receive, on request, a copy of any advice given to [F1the Authority] on which the decision is based; and
(b)may appeal to the Tribunal against the decision.
[F2(2A) A notice under paragraph (1) shall inform the parent of the right of appeal under paragraph (2) and contain such other information as may be prescribed.
(2B) Regulations may provide that where [F1the Authority] is under a duty under this Article to serve any notice, the duty must be performed within the prescribed period.]
(3) On an appeal under this Article, the Tribunal may—
(a)dismiss the appeal,
(b)order [F1the Authority] to make and maintain such a statement, or
(c)remit the case to [F1the Authority] for it to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for [F1the Authority] to determine the special educational provision which any learning difficulty the child may have calls for.
F1Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
Modifications etc. (not altering text)
C1Arts. 6-21B: power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)
C2Arts. 6-21B expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
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