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The Special Educational Needs and Disability (Coronavirus) (Amendment) Regulations 2020

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to secondary legislation relating to special educational needs and disability in order to provide exceptions to time limits set out in that legislation where they cannot be met because of a reason relating to the incidence or transmission of coronavirus.

Regulation 2 contains review and expiry provisions. The Secretary of State is required to review the effectiveness of the Regulations during the period in which they have effect. The Regulations cease to have effect on 25th September 2020.

Regulations 3 to 14 amend the Special Educational Needs and Disability Regulations 2014 (‘the SEND Regulations 2014’).

Regulation 5 inserts a glossing provision into the SEND Regulations 2014 which relaxes certain requirements in those Regulations for actions to be taken within specified time limits where it is not reasonably practicable for a person to meet those requirements for a reason relating to the incidence or transmission of coronavirus. Instead, any such requirement is to be read as a requirement for such action to be taken as soon as reasonably practicable.

Regulations 6 to 14 make textual amendments to the SEND Regulations 2014 to relax time limits.

Regulations 15 to 17 amend the Special Educational Needs (Personal Budgets) Regulations 2014 (‘the Personal Budgets Regulations 2014’).

Regulation 17 inserts a similar glossing provision into the Personal Budgets Regulations 2014 as regulation 5 does in respect of the SEND Regulations 2014.

Regulations 18 to 27 amend the Special Educational Needs and Disability (Detained Persons) Regulations 2015 (‘the Detained Persons Regulations 2015’).

Regulation 20 inserts a glossing provision into the Detained Persons Regulations 2015 similar to the ones in regulations 5 and 17 in relation to the SEND Regulations 2014 and the Personal Budgets Regulations 2014 respectively.

Regulations 21 to 27 make textual amendments to the Detained Persons Regulations 2015 to relax time limits.

Regulations 28 to 30 amend the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017 (‘the First-tier Tribunal Regulations 2017’).

Regulation 30 inserts a glossing provision into the First-tier Tribunal Regulations 2017 similar to those in regulations 5, 17 and 20.

An impact assessment has not been produced for this instrument as this is a temporary, emergency measure and no significant impact on business, charities or voluntary bodies is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

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