The Special Educational Needs (Direct Payments) (Pilot Scheme) (Extension and Amendment) Order 2014

Statutory Instruments

2014 No. 166

Education, England

The Special Educational Needs (Direct Payments) (Pilot Scheme) (Extension and Amendment) Order 2014

Made

28th January 2014

Coming into force

29th January 2014

The Secretary of State for Education makes the following Order in exercise of the powers conferred by sections 532B(1), 532C and 568(5) of the Education Act 1996(1).

In accordance with section 568(3A) of that Act(2), a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Special Educational Needs (Direct Payments) (Pilot Scheme) (Extension and Amendment) Order 2014 and comes into force on 29th January 2014.

Amendment of the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012

2.—(1) The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012(3) is amended as follows.

(2) For article 4, substitute—

“4.   The pilot scheme has effect for the period ending with 30th September 2015.”

(3) In paragraph 3 of Schedule 1, after the end of sub-paragraph (2), insert—

“(3) The duty to provide information and advice under sub-paragraph (1) shall cease at the end of 31st August 2014.

(4) The duty to consider a request made under sub-paragraph (1) shall not apply in relation to a request received after 31st August 2014.”.

Edward Timpson

Parliamentary Under Secretary of State

Department for Education

28th January 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012 (“the 2012 Order”).

Article 2 of the Order extends the pilot scheme made under the 2012 Order to allow the local authorities named in Schedule 2 to the 2012 Order to continue to make direct payments in accordance with the pilot scheme until 30th September 2015. It also amends the Order so that with effect from 1^st September 2014 the duty on the local authority to consider any new requests for direct payments or provide advice and information about direct payments is removed.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private, or voluntary sectors is foreseen.

(1)

1996 c.56. Sections 532B and 532C of the Education Act 1996 (“the 1996 Act”) were inserted by section 75 of the Education Act 2011(c.21) (“the 2011 Act”).

(2)

Section 568 of the 1996 Act was amended by section 75 of the 2011 Act and a new subsection (3A) inserted.

(3)

S.I. 2012/206.