5
23.  In regulation 8(2) (duty to co-operate in a detain ed person’s EHC needs assessment), at the 
end of sub-paragraph (d) insert— 
“; or 
(e) of a reason relating to the incidence or transm ission of coronavirus”. 
24.  In regulation 10(4) (decision not to secure an EHC plan)— 
(a)  at the end of sub-paragraph (b) omit “or”; and 
(b)  at the end of sub-paragraph (c) insert— 
“; or 
(d) of a reason relating to the incidence or transm ission of coronavirus”. 
25.  In regulation 13(3) (timescales for EHC plans), for “(c)” substitute “(d)”. 
26.  In regulation 29 (compliance with the orders of the First-tier Tribunal)— 
(a)  after paragraph (6) insert— 
“(6A) The home authority need not comply with the time limits specified in paragraph (3) 
if it is impractical to do so because the circumsta nces referred to in regulation 10(4)(d) 
apply.”. 
(b)  in paragraph (7)(c) after “10(4)(a)” insert “or (d) ”. 
27.  In regulation 30(7)(c) (unopposed appeals), after “10(4)(a)” insert “or (d)”. 
Amendment of the Special Educational Needs and Disa bility (First-tier Tribunal 
Recommendations Power) Regulations 2017 
28.  The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) 
Regulations 2017(a) are amended as follows. 
29.  In regulation 2 (interpretation), at the appropriate place insert— 
““coronavirus” means severe acute respiratory syndr ome coronavirus 2 (SARS-CoV-2); 
”. 
30.  After regulation 2 (interpretation) insert— 
“ Relaxation of time periods due to coronavirus exception 
2A. —(1) Where the coronavirus exception applies, any r equirement in any of the 
regulations specified in paragraph (3) for action t o be taken within a specified period of 
time or by a certain day 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 n ot reasonably practicable for a person 
to meet a requirement referred to in paragraph (1) for a reason relating to the incidence or 
transmission of coronavirus. 
(3) The following regulations are specified for the purposes of paragraphs (1) and (2)— 
(a) regulation 6(3) and (6) (responding to health c are recommendations); and 
(b) regulation 7(1) and (4) (responding to social c are recommendations).”. 
 
 
 Vicky Ford  
 Parliamentary Under Secretary of State 
28th April 2020 Department for Education 
 
                                                                                                                                            
(a) S.I. 2017/1306.