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Learning and Skills Act 2000
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Changes over time for: Section 140
Version Superseded: 26/11/2008
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Learning and Skills Act 2000, Section 140 is up to date with all changes known to be in force on or before 02 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.
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140 Assessments relating to learning difficulties.E+W
This section has no associated Explanatory Notes
(1)Subsection (2) applies if—
(a)a local education authority maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and
(b)the Secretary of State believes that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the M1Education Reform Act 1988).
(2)The Secretary of State must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.
(3)The Secretary of State may at any time arrange for an assessment to be conducted of a person—
(a)who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,
(b)who appears to the Secretary of State to have a learning difficulty (within the meaning of section 13), and
(c)who is receiving, or in the Secretary of State’s opinion is likely to receive, post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the M2Education Reform Act 1988).
(4)For the purposes of this section an assessment of a person is an assessment resulting in a written report of—
(a)his educational and training needs, and
(b)the provision required to meet them.
(5)A local education authority must send a copy of a statement maintained by it under section 324 of the M3Education Act 1996 to the Secretary of State on his request.
(6)In its application to Wales this section shall have effect with the following modifications (in addition to those specified in section 150)—
(a)the reference to Part I of this Act shall be construed as a reference to Part II, and
(b)the reference to section 13 shall be construed as a reference to section 41.
Commencement Information
I1S. 140 partly in force; s. 140 not in force at Royal Assent see s. 154; s. 140(5) in force for E. at 1.3.2001 by S.I. 2001/654, art. 2, Sch. Pt. I; s. 140(3)(4) in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 140(3) in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(4)(5)(6) in force for W. for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(1)(2)(4)-(6) wholly in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I; s. 140(1)(2) in force for E. at 1.4.2002 by S.I. 2002/279, art. 2(2)(b) (with art. 3)
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