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

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Introduction

1 Citation and commencement

2 Review and expiry

3 Amendment of the Special Educational Needs and Disability Regulations 2014

4 In regulation 2(1) (interpretation), at the appropriate place insert— “coronavirus”…

5 After regulation 2 (interpretation) insert— Relaxation of time periods due…

6 In regulation 4 (determination whether or not special educational provision…

7 In regulation 5(4) (decision whether or not to conduct an…

8 In regulation 8(2) (duty to co-operate in EHC needs assessments)—…

9 In regulation 10(4) (decision not to secure an EHC plan)—…

10 In regulation 13(3) (timescales for EHC plans), for “(d)” substitute…

11 After regulation 18 (circumstances in which a local authority must…

12 In regulation 22 (amending an EHC plan following a review),…

13 In regulation 27(3) (amending or replacing an EHC plan following…

14 In regulation 45 (unopposed appeals), after paragraph (7) insert—

15 Amendment of the Special Educational Needs (Personal Budgets) Regulations 2014

16 In regulation 2 (interpretation), at the appropriate place insert— “coronavirus”…

17 After regulation 2 (interpretation) insert— Relaxation of time period due…

18 Amendment of the Special Educational Needs and Disability (Detained Persons) Regulations 2015

19 In regulation 2(1) (interpretation), at the appropriate place insert— “coronavirus”…

20 After regulation 2 (interpretation) insert— Relaxation of time periods due…

21 In regulation 4 (determination whether or not special educational provision…

22 In regulation 5(4) (decision whether or not to conduct a…

23 In regulation 8(2) (duty to co-operate in a detained person’s…

24 In regulation 10(4) (decision not to secure an EHC plan)—…

25 In regulation 13(3) (timescales for EHC plans), for “(c)” substitute…

26 In regulation 29 (compliance with the orders of the First-tier…

27 In regulation 30(7)(c) (unopposed appeals), after “10(4)(a)” insert “or (d)”….

28 Amendment of the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017

29 In regulation 2 (interpretation), at the appropriate place insert— “coronavirus”…

30 After regulation 2 (interpretation) insert— Relaxation of time periods due…

Signature

Explanatory note

Amendment of the Special Educational Needs (Personal Budgets) Regulations 201417.

After regulation 2 (interpretation) insert—

“Relaxation of time period due to coronavirus exception2A.

(1)

Where the coronavirus exception applies, the requirement for the local authority to review the making and use of direct payments within the first three months of them being made in regulation 11(2)(a) (monitoring and review of direct payments) is to be read instead as a requirement for such action to be taken as soon as reasonably practicable.

(2)

The coronavirus exception applies where it is not reasonably practicable for the local authority to meet the requirement specified in regulation 11(2)(a) for a reason relating to the incidence or transmission of coronavirus.”.