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iv. where, as a result of an assessment in train at 1 September 1994, the authority issue a proposed statement before 1 January 1995, that statement will be made under the 1983 Regulations; (Regulation 21(7))
v. the 1993 Act time limits on decisions to amend or cease to maintain a statement shall not apply where the relevant proposals were made before 1 September 1994; (Regulation 21(8))
vi. reviews which must be completed by 1 December 1994 will not be subject to the 1994 Regulations; (Regulation 21(9))
vii. when statements made under the 1983 Regulations are due to be reviewed on or after 1 December 1994, they must be reviewed with reference to the 1994 Regulations. But, as there may be no objectives specified in those statements and no arrangements specified for the setting of targets, one of the tasks of the first review will be to establish such objectives and set such targets, which will then be considered in subsequent reviews. In the case of a child aged over 14, the first review must also consider a Transition Plan. LEAs must set out the new objectives, targets and, as appropriate, the Transition Plan in writing when making recommendations as a result of the review of the statement. It will not, however, be necessary to amend the statement on this account although LEAs will be free to do so if they wish; (Regulation 21(10))
viii. the 1981 Act and 1983 Regulations continue to apply to statements transferred before 1 September 1994, except that:
a. when a statement has been transferred before 1 September and the receiving authority have not told parents whether they will make an assessment of the child, they must tell parents by 13 October 1994; and
b. where a statement has been transferred before I September, the receiving authority must review the statement by 30 November 1994 or within a year of the date of the last review, whichever is the later; (Regulations 21(11) to 21(13))
ix. statements made before 1 September 1994 may be disclosed for the purposes of appeals under the 1981 Act as well as any appeal under the 1993 Act. (Regulation 21(14))
5. Transitional arrangements governing appeals will be specified separately. The principle will be that the SEN Tribunal will hear appeals against decisions made by LEAs on or after 1 September 1994, whether those decisions were made in the light of the 1983 or the 1994 Regulations. Appeals against decisions made before that date, and hence in the light of the 1983 Regulations, will continue to be dealt with under the system established by the 1981 Act.
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