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The Education (Northern Ireland) Order 1996
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Changes over time for: Section 18
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Changes to legislation:
The Education (Northern Ireland) Order 1996, Section 18 is up to date with all changes known to be in force on or before 12 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 18:
- art. 18(1) applied by 2016 c. 8 (N.I.) s. 13(2)(b)
- art. 18(1) applied by 2016 c. 8 (N.I.) s. 14(2)(b)
- art. 18(1) words substituted by 2016 c. 8 (N.I.) Sch. para. 8(2)
- art. 18(1)(c) words inserted by 2016 c. 8 (N.I.) s. 8(2)
- art. 18(2)(a) words inserted by 2016 c. 8 (N.I.) Sch. para. 8(3)
- art. 18(4)(a) words substituted by 2016 c. 8 (N.I.) Sch. para. 8(4)
- art. 18(4)(b) words substituted by 2016 c. 8 (N.I.) Sch. para. 8(5)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 para. 3(1)(b)(i)(ii) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 14(2)
- Sch. 1 para. 4(1)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 14(4)
- Sch. 2 para. 2(1)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 15(2)
- Sch. 2 para. 9(1)(a)(b) and preceding word substituted by 2016 c. 8 (N.I.) Sch. para. 15(12)
- Sch. 2 para. 13(2)(a)(i)(ii) and preceding word substituted by 2016 c. 8 (N.I.) Sch. para. 15(20)
- Sch. 2 para. 11(1)(a)(aa) substituted for Sch. 2 para. 11(1)(a) by 2016 c. 8 (N.I.) Sch. para. 15(14)
- art. 5A inserted by 2016 c. 8 (N.I.) s. 1
- art. 6A inserted by 2016 c. 8 (N.I.) s. 2
- art. 8(1)(d)-(f) inserted by 2016 c. 8 (N.I.) s. 3(2)(c)
- art. 8(1A)-(1C) inserted by 2016 c. 8 (N.I.) s. 3(3)
- art. 8(2A) inserted by 2016 c. 8 (N.I.) s. 3(4)
- art. 8ZA inserted by 2016 c. 8 (N.I.) s. 3(5)
- art. 10(3)(a)(b) substituted for words by 2016 c. 8 (N.I.) Sch. para. 4
- art. 12A inserted by 2016 c. 8 (N.I.) s. 4
- art. 14(4A)(4B) inserted by 2016 c. 8 (N.I.) s. 5(3)
- art. 15(4)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 5(4)
- art. 15(6)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 5(5)
- art. 17(1)(a)(b) and preceding word substituted for words by 2016 c. 8 (N.I.) Sch. para. 7(2)
- art. 18A(4)(ba) inserted by 2016 c. 8 (N.I.) s. 9(4)(b)
- art. 19(1A)-(1C) inserted by 2016 c. 8 (N.I.) s. 8(3)(a)
- art. 19(2)(ba) inserted by 2016 c. 8 (N.I.) s. 8(3)(b)(ii)
- art. 20A(7)(a)(b) and preceding word inserted by 2016 c. 8 (N.I.) Sch. para. 11(4)
- art. 20A(8)(a)(i)(ii) and preceding word substituted for words by 2016 c. 8 (N.I.) Sch. para. 11(5)
- art. 21(5)-(10) added by 2016 c. 8 (N.I.) s. 9(2)
- art. 21A(4)-(7) inserted by 2016 c. 8 (N.I.) Sch. para. 12(4)
- art. 21B(3A)-(4) substituted for art. 21B(4) by 2016 c. 8 (N.I.) s. 10(2)
- art. 21C inserted by 2016 c. 8 (N.I.) s. 10(4)
- art. 21ZA inserted by 2016 c. 8 (N.I.) s. 9(3)
Appeal against contents of statementN.I.
18.—[F1(1) The parent of a child for whom [F2the Authority] maintains a statement under Article 16 may appeal to the Tribunal—
(a)when the statement is first made,
(b)if an amendment is made to the statement, or
(c)if, after conducting an assessment under Article 15, [F2the Authority] determines not to amend the statement.
(1A) An appeal under this Article may be against any of the following—
(a)the description in the statement of [F3the Authority's] assessment of the child's special educational needs,
(b)the special educational provision specified in the statement (including the name of a school so specified),
(c)if no school is specified in the statement, that fact.
(2) Paragraph (1)(b) does not apply where the amendment is made in pursuance of—
(a)paragraph 11 (change of named school at request of parent) or 13(4)(b) (amendment ordered by Tribunal) of Schedule 2; or
(b)directions under paragraph 2 of Schedule 13 to the 1986 Order (revocation of school attendance order);
and paragraph (1)(c) does not apply to a determination made following the service of notice under paragraph 3 (amendment by board) of Schedule 2.]
(3) On an appeal under this Article, the Tribunal may—
(a)dismiss the appeal,
(b)order [F2the Authority] to amend the statement, so far as it describes [F3the Authority's] assessment of the child's special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal thinks fit, or
(c)order [F2the Authority] to cease to maintain the statement.
(4) On an appeal under this Article the Tribunal shall not order [F2the Authority] to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—
(a)the parent has expressed a preference for the school in pursuance of arrangements under[F1 paragraph 5] of Schedule 2, or
(b)in the proceedings the parent, [F2the Authority] or both have proposed the school.
(5) Before determining any appeal under this Article the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.
F2Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
F3Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(b) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)
Modifications etc. (not altering text)
C1Arts. 6-21B: power to disapply or modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 17 (with ss. 88-90)
C2Arts. 6-21B expiry of earlier affecting provision 2020 c. 7, Sch. 16 para. 17 (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)
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