Appendix

Transitional Arrangements

1. Until 1 September 1994, the Education Act 1981 and the Education (Special Educational Needs) Regulations 1983, as amended and as made under the 1981 Act, will govern provision for children with special educational needs.

2. At 1 September 1994, the Education (Special Educational Needs) Regulations 1994, made under the Education Act 1993, come into effect.  From that date, LEAs, governing bodies and those who assist them must have regard to this Code of Practice.  Most provisions of the 1981 Act will be repealed.

3. Statements made under the 1981 Act and 1983 Regulations will remain valid legal documents under the new system.  But to ensure a smooth transition between the old and new systems, some transitional arrangements are necessary.  These arrangements apply to work in hand on assessments and statements at 1 September 1994; to the review of statements made before 1 September 1994; to statements transferred between authorities before 1 September 1994; and to the disclosure of statements.  They are set out in regulation 21 of the 1994 Regulations.

4. In summary, Regulation 21 provides that:

i. when, before 1 September 1994, an LEA have told parents that they are considering whether to make an assessment or have received a request from a parent for an assessment, the LEA must decide whether to make an assessment by 13 October 1994.  If they do make an assessment, they must do so under the 1994 Regulations and within the time limits;
(Regulations 21(5) and 21(6))

ii. where an authority are in the course of making an assessment under the 1983 Regulations at 1 September 1994, they will continue to make the assessment under those Regulations.  If, however, they do not issue a proposed statement or tell parents that they will not make a statement by 1 January 1995, that assessment will lapse and a new assessment must be made under the 1994 Regulations and must be completed within ten weeks.  Any relevant advice secured for the purpose of the 1983 Regulations assessment may be used to make the new assessment;
(Regulations 21(2) - 2](4))

iii. where an authority have issued a proposed statement by 1 September 1994, that statement will be made under the 1983 Regulations;
(Regulation 21(7))