Education (Provision in Respect of Children with Special Needs) Act 2022

Amendment of section 67 of Act of 1998

8. Section 67 (inserted by section 9 of the Education (Admission to Schools) Act 2018 ) of the Act of 1998 is amended—

(a) in subsection (2)—

(i) in paragraph (f), by the substitution of “the Minister,” for “the Minister.”, and

(ii) by the insertion of the following paragraph after paragraph (f):

“(g) any direction served by the Minster under section 37A.”,

(b) by the insertion of the following subsections after subsection (4):

“(4A) (a) Where a school is designated under subsection (1) or (3), the Council or Agency, as the case may be, shall serve a notice on the board of the school concerned that a designation has been made and that it is proposed to direct the board to admit the child concerned.

(b) A notice under paragraph (a) shall state that the board may make representations in writing to the Council or Agency, as the case may be, in relation to the designation and proposed direction not later than 10 days from the service of the notice.

(c) The board on whom a notice is served under paragraph (a) may, not later than 10 days from the service of the notice, make representations in writing to the Council or Agency, as the case may be, in relation to the designation and proposed direction.

(4B) The Council or Agency, as the case may be, may, after consideration of the representations (if any) made under subsection (4A)(c), serve a direction on the board to admit the child concerned to the school designated under subsection (1) or (3), as the case may be, within such period as may be specified in the direction.

(4C) The board shall comply with a direction served on it under subsection (4B).”,

and

(c) by the repeal of subsections (5) to (19).