Media Handbook
In the Education Act 1996 (“the 1996 Act”), for section 316 substitute—
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In the 1996 Act, insert the following section—
In the 1996 Act, insert the following section—
A local education authority may not, under this paragraph, cease to maintain a statement if—
In the 1996 Act, insert the following section—
After subsection (3) of section 123 of the School Standards and Framework Act 1998 (c. 31) (provision for children with special educational needs), insert—
In the 1996 Act, insert the following section—
In section 324 of the 1996 Act (statement of special educational needs), after subsection (4) insert—
Schedule 1 makes further provision concerning the rights of parents and others where a statement of special educational needs is amended.
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In Part 4 of the Disability Discrimination Act 1995 (“the 1995 Act”), before section 29, insert the following section—
In the 1995 Act, insert the Schedule set out in Schedule 2.
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In the 1995 Act, insert the following section—
For subsections (6) and (7) of section 317 of the 1996 Act (governing body to include information about disabled pupils in annual report) substitute—
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In the 1995 Act, insert the following section—
Section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) (consultation on appointments) is not to apply to appointments to the lay panel.
“The lay panel” has the meaning given in section 333(2)(c) of the 1996 Act.
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In the 1995 Act, insert the following section—
In Schedule 3 to the 1995 Act (enforcement and procedure), insert the provisions set out in paragraph 1 of Schedule 3.
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In the 1995 Act, insert the following section—
In the 1995 Act, insert the Schedule set out in Schedule 4.
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In the 1995 Act, insert the following section—
In the 1995 Act, insert the Schedule set out in Schedule 5.
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In the 1995 Act, insert the following section—
In Schedule 3 to the 1995 Act (enforcement and procedure), insert the provisions set out in paragraph 2 of Schedule 3.
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In the 1995 Act, insert the following section—
In Schedule 4 to the 1995 Act (premises occupied under leases), at the end insert the provisions set out in Schedule 6.
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In section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils), omit subsections (4A) and (4B).
In section 40 of the Further and Higher Education (Scotland) Act 1992 (c. 37), omit subsections (5) and (6).
Section 528 of the 1996 Act ceases to have effect.
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In section 35 of that Act (conditions imposed on financial resources in Wales), omit subsections (4) and (6).
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Section 53A of the 1995 Act (codes of practice) is amended as follows.
For subsection (1) substitute—
In subsection (8), omit the words after first “proceedings”.
After subsection (8), insert—
In subsection (9), in the definition of “discrimination”, for “or Part III” substitute “, 3 or 4”.
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The 1995 Act is amended as follows.
In section 2 (past disabilities)—
in subsection (1), for “and III” substitute “to 4” and
in subsection (4), for “or Part III” substitute “, 3 or 4”.
In subsection (3) of section 3 (courts etc. to have regard to guidance), for “A tribunal or court” substitute “An adjudicating body”.
After that subsection, insert—
In section 19 (meaning of “discrimination” in Part 3) omit—
paragraphs (a) to (ab) of subsection (5); and
subsection (6).
In that section, insert after subsection (5)—
In section 55 (victimisation), in subsection (1), for “or Part III” substitute “, Part 3 or Part 4”.
In that section, after subsection (3), insert—
In subsection (1) of section 57 (aiding unlawful acts), for “act made unlawful by this Act” substitute “unlawful act”.
After subsection (5) of that section, insert—
In paragraph 2 of Schedule 2 (past disabilities) for “and III” substitute “to 4”.
After that paragraph, insert—
After paragraph 4 of that Schedule, insert—
Omit paragraph 129 of Schedule 37 to the 1996 Act (amendment of section 19(5) of the 1995 Act).
Omit section 38 of the Teaching and Higher Education Act 1998 (c. 30) (amendment of section 19(6) of the 1995 Act).
Omit paragraph 49 of Schedule 9 to the Learning and Skills Act 2000 (c. 21) (amendment of section 19(5) of the 1995 Act).
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In the 1995 Act, omit section 29 (education of disabled persons).
In section 1 of the Education Act 1994 (c. 30) (establishment of the Teacher Training Agency) add, at the end—
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums so payable under any other enactment.
Schedule 8 makes minor and consequential amendments.
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If, as a result of any other amendment made by Part 1 of that Schedule, a power to make regulations is conferred, that power is exercisable so far as it relates to Wales by the National Assembly for Wales.
But each of the powers conferred as a result of subsection (3)—
is to be treated as if it had been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and
that transfer may be revoked by an Order in Council under that section.
For the purposes of section 22 of the Government of Wales Act 1998, an Order in Council made as a result of subsection (4)(b) is to be treated as if it were revoking a previous Order in Council.
The repeals set out in Schedule 9 have effect.
This Act may be cited as the Special Educational Needs and Disability Act 2001.
In this Act—
“the 1995 Act” means the Disability Discrimination Act 1995 (c. 50); and
“the 1995 Act” means the Disability Discrimination Act 1995 (c. 50); and
“the 1996 Act” means the Education Act 1996 (c. 56).
“the 1996 Act” means the Education Act 1996 (c. 56).
Except as provided in subsections (4) and (6), this Act (apart from this section) comes into force on such day as the Secretary of State may appoint by order.
The following provisions of this Act come into force on the day on which it is passed— but only so far as is necessary for enabling the making of any regulations for which they provide.
section 4,
section 5,
section 9,
section 42(2) to (4), and
paragraphs 6 to 10, 13(1) to (4) and 14(3) of Schedule 8 (and section 42(1) so far as relating to those provisions),
Nothing in subsection (4) affects the operation of section 13 of the Interpretation Act 1978 (c. 30) in relation to this Act.
The following provisions come into force as respects Wales on such day as the National Assembly for Wales may appoint by order—
sections 1 to 3;
sections 7 and 8;
section 9 (so far as not brought into force by subsection (4));
sections 14 and 15;
section 22, so far as it gives the National Assembly for Wales power to give directions under section 28M(1) or (3) of the 1995 Act or makes provision in relation to such a direction;
subsections (1) and (6) of section 42 (but only in so far as they relate to the provisions mentioned in paragraphs (g) to (i));
in Part 1 of Schedule 8—
paragraphs 1, 5, 11 and 12; and
paragraphs 6 to 10 and 14 (so far as not brought into force by subsection (4));
in Part 2 of that Schedule, paragraphs 16 to 18; and
in Schedule 9, the entries relating to—
the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33); and
section 325(1) of, and Schedule 27 to, the 1996 Act.
Different days may be appointed for different provisions and for different purposes.
An order under this section—
must be made by statutory instrument; and
may contain incidental, supplemental, consequential or transitional provisions and savings.
Subsection (10) applies to an order bringing any provision made by— into force.
section 28, or
paragraph 2 or 6 of Schedule 5,
The order may, in particular, include provision for the duty imposed by section 28T(1) of the 1995 Act to have effect with such modifications as may be specified in the order for a period which ends—
on a date so specified; or
on the making by the Secretary of State of an order made by statutory instrument bringing the period to an end.
Amendments made by this Act to the 1996 Act have the same extent as that Act.
Parts 2 and 3 do not extend to Northern Ireland.
Nothing in this Act shall impose any charge on the people or on public funds, or vary the amount or incidence of or otherwise alter any such charge in any manner, or affect the assessment, levying, administration or application of any money raised by any such charge.
Section 10.
Schedule 27 to the 1996 Act (making and maintenance of statement of special educational needs) is amended as follows.
For paragraph 1 substitute—
For paragraph 2 substitute—
In paragraph 3, in sub-paragraph (1), for the words from “a parent” to “paragraph 2” substitutea parent— .
In that paragraph, in sub-paragraph (2), for “paragraph 2(b)” substitute “ paragraph 2B ”.
In that paragraph omit sub-paragraph (4).
After that paragraph, insert—
In paragraph 4, in sub-paragraph (1)—
after “paragraph 2” insert “ , or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A, ”;
in paragraphs (a) and (b), for “statement” substitute “ proposed statement or the statement as it will have effect if amended in the way proposed by the authority ”.
In that paragraph, in sub-paragraph (2), after “sub-paragraph (1)(b)” insertin relation to— .
In that paragraph, in sub-paragraphs (4)(a) and (5), for “paragraph 2(b)” substitute “ paragraph 2B ”.
In paragraph 5, in sub-paragraph (1), after “make” insert “ or amend ”.
In that paragraph, in sub-paragraph (2), for “The statement” substitute “ If a local education authority make a statement, it ”.
After that sub-paragraph insert—
For paragraph 6, substitute—
In paragraph 8(1)(b)—
in sub-paragraph (ii), after “statement” insert “ or amended statement ”; and
omit sub-paragraph (iii).
In paragraph 9—
in sub-paragraph (1), omit “amend or” and “10 or”; and
in sub-paragraph (2)—
after paragraph (a), insert “ or ”,
omit paragraph (b), the word “or” after paragraph (c) and paragraph (d).
Omit paragraph 10.
Section 326 of the 1996 Act is amended as follows.
For subsection (1) substitute—
In subsection (2), for “paragraph 10” substitute “ paragraph 2A ”.
Section 11(2) ...
Sections 19(2) and 30(2).
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The following provisions are inserted in Schedule 3 to the 1995 Act as Part 3.
The following provisions are inserted in Schedule 3 to the 1995 Act as Part 4.
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Section 26(2). ...
Section 29. ...
Section 31(2). ...
Section 35.
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for “or 25” substitute “, 25, 28I, 28K, 28L, 28N or 28V”; and
for “and III” substitute “to 4”.
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Section 42(1).
The 1996 Act is amended as follows.
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Section 441 (amendment of statement on service of school attendance order) is amended as follows. In subsection (3)(a), omit “in accordance with paragraph 10 of Schedule 27”. After that subsection, insert—
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In section 333, for subsection (1) substitute—
In paragraph 118(3) of Schedule 37, omit paragraph (d).
Section 336 is amended as follows. In subsection (2)— After subsection (2), insert— In subsection (4), for “that Act” substitute “ that Part ”. After that subsection, insert—
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In section 325 (appeal against decision not to make a statement), in subsection (1), omit “, and of the effect of subsection (2) below,”. After subsection (2) of that section insert—
In section 328 (reviews of educational needs), in subsection (3)(a), for the words from “notice” to “below” substitute “ notice in writing of that fact ”. After subsection (3) of that section insert—
In section 329 (assessment of educational needs at request of child’s parent), in subsection (2)(a), for the words from “notice” to “below” substitute “ notice in writing of that fact ”. After subsection (2) of that section insert—
In paragraph 8 of Schedule 27 (change of name of school), in sub-paragraph (3)(a), for the words from “notice” to “below” substitute “ notice in writing of that fact ”. After sub-paragraph (3) of that paragraph insert—
In paragraph 11 of that Schedule (ceasing to maintain a statement), in sub-paragraph (2)(a), for the words from “notice” to “below” substitute “ notice in writing of that fact ”. After sub-paragraph (2) of that paragraph insert—
In section 323(1)(a) (assessment of special educational needs), for “propose” substitute “ are considering whether ”. In paragraph 4(1) of Schedule 26 (making of assessments under section 323), for “propose” substitute “ are considering whether ”.
Paragraph 3 of Schedule 26 (manner and timing of assessments under section 323) is amended as follows. In sub-paragraph (2), for “paragraph 10” substitute “ paragraph 2A ”. For sub-paragraphs (3) and (4) substitute—
Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
In subsection (1) (requirement to obtain opinion of local authority officer as to whether child is a disabled person)—
in paragraph (a), omit “under the age of 14”; and
in paragraph (b)—
in sub-paragraph (i), for “the first annual review of the statement following the child’s fourteenth birthday” substitute “ a review of the statement prescribed for the purposes of this paragraph ”; and
in sub-paragraph (ii), for “that birthday” substitute “ they have carried out the review prescribed for the purposes of sub-paragraph (i) ”.
“prescribed” means prescribed in regulations made—
The Tribunals and Inquiries Act 1992 is amended as follows.
In section 11(1) (appeals from certain tribunals)—
for “15(a), (d) or (e)” substitute “ 15(a) or (d) ”; and
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In paragraph 15 of Schedule 1 (bodies subject to the supervision of the Council) omit sub-paragraph (e).
Special educational needs and disability discrimination. 40B. The Special Educational Needs and Disability Tribunal.
The School Standards and Framework Act 1998 is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 6 of Schedule 5 (duty of adjudicators to have regard to anti-discrimination duties of other bodies)— In Schedule 30 (minor and consequential amendments), omit paragraph 186(2)(b).
Section 42(6). Short title and chapter Extent of repeal The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) In section 5(1)(a), the words “under the age of 14”. The Further and Higher Education Act 1992 (c. 13) In section 65, subsections (4A) and (4B). The Further and Higher Education (Scotland) Act 1992 (c. 37) In section 40, subsections (5) and (6). The Tribunals and Inquiries Act 1992 (c. 53) In Schedule 1, paragraph 15(e). The Disability Discrimination Act 1995 (c. 50) Section 19(5)(a) to (ab) and (6). Section 29. Section 30(6). Section 31(3). In section 53A(8), the words after first “proceedings”. The Education Act 1996 (c. 56) In section 325(1), the words “, and of the effect of subsection (2) below,”. In section 336(2), paragraph (d). In section 441(3)(a), the words “in accordance with paragraph 10 of Schedule 27”. Section 528. In Schedule 27, paragraph 3(4), paragraph 8(1)(b)(iii), in paragraph 9(1), the words “amend, or” and “10 or”, and paragraph 10. In Schedule 37, paragraphs 118(3)(d) and 129. The Teaching and Higher Education Act 1998 (c. 30) Section 38. The School Standards and Framework Act 1998 (c. 31) In paragraph 8 of Schedule 4, the word “or” after sub-paragraph (a). In paragraph 6 of Schedule 5, the word “or” after sub-paragraph (a). In Schedule 30, paragraph 186(2)(b). The Disability Rights Commission Act 1999 (c. 17) In section 6(5), the words “of a court or tribunal”. The Learning and Skills Act 2000 (c. 21) In section 6, subsections (4) and (6). In section 35, subsections (4) and (6). In Schedule 9, paragraph 49.