Special Educational Needs and Disability Act (Northern Ireland) 2016

Contents

Interpretation
- 15 Definition of “child” for purposes of special education
- 16 Interpretation of this Act
Supplementary
- 18 Commencement, transitional provisions, etc.
- 19 Short title
Duties of the Education Authority and Boards of Governors
- 1 Duty of Authority to have regard to the views of the child
Time limits for assessment of educational needs
- 6 Assessment of needs: reduction in time limits

Interpretation

15Definition of “child” for purposes of special education#

(1)Article 3 of the 1996 Order (definitions relating to special educational needs and special educational provision) is amended as follows.

(2)In paragraph (8) (time when child is deemed to attain age of 19) for “school term” (twice) substitute “ school year ”.

16Interpretation of this Act#

In this Act—• “child” has the same meaning as in Part 2 of the 1996 Order;• “the Department” means the Department of Education;• “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954;• “the 1996 Order” means the Education (Northern Ireland) Order 1996;• “the Tribunal” has the meaning given by Article 22(1) of the Special Educational Needs and Disability (Northern Ireland) Order 2005.

Supplementary

18Commencement, transitional provisions, etc.#

(1)The following provisions come into operation on the day after that on which this Act receives Royal Assent—

(a)section 15;

(b)section 16;

(c)this section; and

(d)section 19.

(2)The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

(3)An order under subsection (2) may contain such savings and such transitional, transitory or consequential provisions as appear to the Department to be appropriate.

19Short title#

This Act may be cited as the Special Educational Needs and Disability Act (Northern Ireland) 2016.

Duties of the Education Authority and Boards of Governors

1Duty of Authority to have regard to the views of the child#

After Article 5 of the 1996 Order (and after the cross-heading following that Article) insert—“5A In exercising its functions under this Part in relation to a particular child the Authority shall—a so far as reasonably practicable, seek and have regard to the views of that child;b have regard to—i the importance of that child participating in decisions; andii the importance of that child being provided with the information and support necessary to enable participation in those decisions.”

Time limits for assessment of educational needs

6Assessment of needs: reduction in time limits#

(1)In Article 15 of the 1996 Order (assessment of educational needs by Authority)—

(a)in paragraph (1)(d) for “twenty-nine days” substitute “ 22 days ”;

(b)in paragraph (3)(a) after the words “paragraph (1) and” insert “ , subject to paragraph (3A), ”;

(c)after paragraph (3) insert—“3A The Authority may proceed to make an assessment under paragraph (3) before the expiry of the period specified in the notice mentioned in sub-paragraph (a) of that paragraph if it has obtained the consent in writing of the person on whom the notice was served.”

(2)In Article 20A of the 1996 Order (review or assessment of educational needs at request of responsible body)—

(a)in paragraph (4) for “29 days” substitute “ 22 days ”;

(b)at the beginning of paragraph (5) insert “ Subject to paragraph (5A), ”;

(c)after paragraph (5) insert—“5A The Authority may take a decision under paragraph (5) before the expiry of the specified period if it has obtained the consent in writing of the person on whom the notice under paragraph (3) was served.”

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