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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 12) Order 2022 No. 895 (W. 192) (C. 59) URL: https://www.bailii.org/wales/legis/num_reg/2022/wsi_2022895_en_1.html |
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This is the original version (as it was
originally made). This item of legislation is
currently
only available in its original
format.
Welsh Statutory Instruments
Education, Wales
Made
16 August 2022
1.—(1) The title of this Order is the Additional Learning Needs and Education Tribunal (Wales)
Act 2018 (
Commencement
No. 12) Order 2022.
(2) In this Order—
“ the 1996 Act” (“ Deddf 1996”) means the Education Act 1996( 2);
“
the 2014 Act” (“
Deddf 2014”) means the Children
and
Families
Act 2014(
3);
“
the Act” (“yDdeddf”)
means the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018;
“ compulsory school age” (“ oedran ysgol gorfodol”) has the same meaning as in section 8( 4) of the 1996 Act;
“ EHC needs assessment” (“ asesiad o anghenion AIG”) has the same meaning as in section 36(2) of the 2014 Act;
“ EHC plan” (“ cynllun AIG”) has the same meaning as in section 37(2)( 5) of the 2014 Act;
“ in the area of a local authority in England” (“ yn ardal awdurdod lleol yn Lloegr”) has the same meaning as in section 579(3A)( 6) of the 1996 Act;
“
in the area of a local authority in Wales”
(“
yn ardal awdurdod lleol yng Nghymru”) has the same meaning as in section 579(3B)(
7) of the 1996 Act;
“
learning difficulty”
(“
anhawster
dysgu”)
has the same meaning as in—
“ local authority” (“ awdurdod lleol”) has the same meaning as in section 579( 9) of the 1996 Act;
“
mainstream school” (“
ysgol brif ffrwd”)
has the same meaning as in section 83(2) of the 2014 Act;
“
maintained school” (“
ysgol a gynhelir”) means any community,
foundation
or voluntary school or any
community
special school not established in a hospital
within
the meaning of the School Standards and
Framework
Act 1998(
10);
“ proprietor” (“ perchennog”) has the same meaning as in section 579 of the 1996 Act;
“
registered pupil” (“
disgybl cofrestredig”)
has the same meaning as in section 434(
11) of the 1996 Act;
“ special educational provision” (“ darpariaeth addysgol arbennig”) has the same meaning as in—
“
Tribunal” (“
Tribiwnlys”) means the Education Tribunal for
Wales(
12);
“
Tribunal Rules” (“
Rheolau’r Tribiwnlys”) means Special Educational Needs Tribunal for
Wales
Regulations 2012(
13).
(3) For
the purposes of this Order an appeal is
finally
determined
if—
(a)
a decision
is made by a tribunal or
court
on the appeal, and
(b)
if a request may be made to review the decision
or it may be
further
appealed, and the period (or each of the periods)
for
doing
so expires
without
a review being requested or
further
appeal being brought.
(4) This Order does
not apply to a person in relation to
whom
provisions of the Act
were
commenced
by the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (
Commencement
No. 2) Order 2021(
14) or the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (
Commencement
No. 7) Order 2021(
15).
2. A child
“
C”
has “
identified special educational needs”
for
the purposes of this Order if
C
has a learning
difficulty
identified by a proprietor or a local authority
which
calls
for
special educational provision to be made
for
C.
3. The following
provisions of the Act
come
into
force
on 1 September 2022 except in relation to a person
who
falls
into any of the paragraphs in article 4 on 1 September 2022—
(a) sections 2 to 4;
(b) sections 6 to 14;
(c) sections 17 to 36;
(d) section 38;
(e) sections 40 to 44;
(f) sections 47 to 49;
(g)
section 50(1) for
the purposes of the provisions in paragraph (h);
(h) section 50(4) to (5);
(i) sections 51 to 53;
(j) section 55;
(k) section 59;
(l) sections 63 to 66;
(m) sections 68 to 69;
(n)
section 96 for
the purposes of the provisions in paragraph (o);
(o) in the Schedule—
(i) paragraph 1;
(ii)
paragraph 4(1) for
the purposes of the provisions in sub-paragraphs (iii) to (xi);
(iii) paragraph 4(2) to 4(6);
(iv)
paragraph 4(7) to the extent that the paragraph has not been repealed in relation to the child(
16);
(v) paragraph 4(8) to 4(9);
(vi) paragraph 4(10);
(vii) paragraph 4(13) to 4(18);
(viii) paragraph 4(19)(b);
(ix) paragraph 4(20) and 4(21);
(x) paragraph 4(23) to 4(29);
(xi) paragraph 4(32)(a)(i) and (ii) and paragraph 4(32)(b);
(xii) paragraph 7;
(xiii) paragraph 8;
(xiv) paragraph 11(a);
(xv) paragraph 12(a);
(xvi)
paragraph 14(1) for
the purposes of the provisions in sub-paragraph (xvii);
(xvii) paragraph 14(2) and (3);
(xviii)
paragraph 19(1) for
the purpose of the provision in sub-paragraph (xix);
(xix) paragraph 19(5)(e)(ii);
(xx)
paragraph 21(1) for
the purposes of the provisions in sub-paragraph (xxi);
(xxi) paragraph 21(2)(a)(i) and (2)(b)(ii);
(xxii) paragraph 22;
(xxiii)
paragraph 23(1) for
the purpose of the provision in sub-paragraph (xxiv);
(xxiv) paragraph 23(4);
(xxv)
paragraph 24(1) for
the purposes of the provisions in sub-paragraph (xxvi);
(xxvi) paragraph 24(3) and (6)(a).
4. A person—
(a)
who
is over
compulsory
school age;
(b)
who
has identified special educational needs;
(c)
in relation to whom
a local authority has served a notice under section 323 of the 1996 Act and the assessment has not
commenced
and no notice has been given under section 323(6) of the 1996 Act;
(d)
in relation to whom
a request has been made under section 329 or 329A of the 1996 Act
for
an assessment under section 323 of the 1996 Act and the local authority has not
determined
whether
to assess;
(e)
in relation to whom
a request has been made under section 329 or 329A of the 1996 Act
for
an assessment under section 323 of the 1996 Act and the local authority
determines
not to
comply
with
the request and—
(i)
the time within
which
an appeal under section 329(2) or 329A(8) of the 1996 Act has to be brought under Part B of the Tribunal Rules has not ended;
(ii)
an appeal to the Tribunal under section 329(2) or 329A(8) of the 1996 Act in relation to that determination
has been brought but not
finally
determined;
or
(iii)
an appeal to the Tribunal under section 329(2) or 329A(8) of the 1996 Act in relation to that determination
was
finally
determined
and the local authority
was
ordered to arrange an assessment, and that assessment has not
commenced;
(f)
in relation to whom
a local authority is undertaking an assessment of educational needs under section 323 of the 1996 Act;
(g)
in relation to whom
a local authority proposes not to make a statement
following
an assessment and—
(i)
the time within
which
an appeal under section 325(2) of the 1996 Act has to be brought under Part B of the Tribunal Rules has not ended;
(ii)
an appeal to the Tribunal under section 325(2) of the 1996 Act in relation to that decision
has been brought but not
finally
determined;
(iii)
an appeal to the Tribunal under section 325(2) of the 1996 Act in relation to that decision
was
brought and
finally
determined
and the local authority
was
ordered to—
(aa)
make and maintain a statement and the making of the statement has not commenced,
or
(bb)
reconsider its decision
and that reconsideration has not
commenced;
(h)
in relation to whom
an assessment under section 331 of the 1996 Act is ongoing;
(i)
in relation to whom
a request to a local authority has been made to secure an EHC needs assessment under section 36(1) of the 2014 Act and the local authority has not
determined
that request under section 36(3);
(j)
in relation to whom
a local authority has
determined
under section 36 of the 2014 Act not to secure an EHC assessment and—
(i)
the period for
pursuing mediation in relation to that
determination
under section 52 of the 2014 Act has not ended;
(ii)
mediation under section 55 of the 2014 Act is ongoing in relation to that determination;
(iii)
a mediation certificate
has been issued under section 55(4) of the 2014 Act in relation to that
determination
and the period
for
submitting an appeal to the
First-tier
Tribunal under section 51 of the 2014 Act has not ended;
(iv)
an appeal to the First-tier
Tribunal under section 51(2)(a) of the 2014 Act in relation to that
determination
has been brought but not
finally
determined;
(v)
an appeal to the First-tier
Tribunal under section 51(2)(a) of the 2014 Act in relation to that
determination
has been brought and
fully
determined
and the local authority
was
ordered to arrange an assessment or re-assessment, and that assessment or re-assessment has not
commenced;
(k)
in relation to whom
a local authority has served a notice under section 36(7) of the 2014 Act that it is
considering
securing an EHC needs assessment and—
(i)
the assessment has not commenced,
(ii) the assessment is ongoing, or
(iii) no notice has been served under section 36(9) of the 2014 Act;
(l)
in relation to whom
a local authority has
determined
under section 36(9) of the 2014 Act that it is not necessary
for
special educational provision to be made in accordance
with
an EHC plan and—
(i)
the period for
pursuing mediation in relation to that
determination
under section 52 of the 2014 Act has not ended;
(ii)
mediation under section 55 of the 2014 Act is ongoing in relation to that determination;
(iii)
a mediation certificate
has been issued under section 55(4) of the 2014 Act in relation to that
determination
and the period
for
submitting an appeal to the
First-tier
Tribunal under section 51 of the 2014 Act has not ended;
(iv)
an appeal to the First-tier
Tribunal under section 51(2)(b) of the 2014 Act in relation to that
determination
has been brought but not
finally
determined;
(v)
an appeal to the First-tier
Tribunal under section 51(2)(b) of the 2014 Act in relation to that
determination
has been brought and
finally
determined
and the local authority
was
ordered to—
(aa)
make and maintain an EHC plan and the making of the EHC plan has not commenced,
or
(bb)
reconsider its decision
and that reconsideration has not
commenced;
(m)
in relation to whom
a local authority has
determined
under section 45 of the 2014 Act that it is no longer necessary
for
an EHC plan to be maintained and—
(i)
the period for
pursuing mediation in relation to that
determination
under section 52 of the 2014 Act has not ended;
(ii)
mediation under section 55 of the 2014 Act is ongoing in relation to that determination;
(iii)
a mediation certificate
has been issued under section 55(4) of the 2014 Act in relation to that
determination
and the period
for
submitting an appeal to the
First-tier
Tribunal under section 51 of the 2014 Act has not ended;
(iv)
an appeal to the First-tier
Tribunal under section 51(2)(
f)
of the 2014 Act in relation to that
determination
has been brought but not
finally
determined.
(This note is not part of the Order)
This Order brings into force
provisions of the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (“
the Act”).
The Act establishes a statutory framework
for
supporting
children
and young people
with
additional learning needs. This replaces the legislation surrounding special educational needs and the assessment of
children
and young people
with
learning
difficulties.
The provisions listed in article 3 come
into
force
on 1 September 2022 in relation to
certain
persons. The Order
does
this by excepting
from
that
commencement
persons
who
fall
into a
category
set out in article 4 on 1 September 2022. The
categories
excepted include those over
compulsory
school age and those engaged
with
the
current
statutory
framework.
This includes those
who
have identified special educational needs (seearticle 2).
The following
provisions of the Act have been brought into
force
by
Commencement
Orders made before the
date
of this Order(
17):
Provision | ![]() ![]() ![]() | S.I. No |
---|---|---|
Sections 2 to 3 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 4 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 5 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 6 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 7 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 8 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Sections 9 to 14 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 15 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 16 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Sections 17 to 20 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 21 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Sections 22 to 31 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 32 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Sections 33 to 35 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 36 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 37 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 38 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 39 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Sections 40 to 44 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 45 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 46 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 47 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Sections 48 to 49 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 50(1), (4) and (5) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 50(1), (2) and (3) (![]() |
1 September 2021 |
S.I. 2021/373 ( |
Sections 51 to 53 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 54 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Section 55 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 56 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Section 56(1) | 4 January 2021 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 56(4) to (6) | 4 January 2021 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Sections 57 to 58 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
Section 59 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 60 | 4 January 2021 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 61 | 4 January 2021 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 62 | 4 January 2021 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Sections 63 to 64 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 65 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 66 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Section 67 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Sections 68 to 69 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
Sections 70 to 73 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
Section 74 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 75 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Section 76 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Section 77 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373( |
Sections 78 to 81 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
Section 82 | 2 November 2020 |
S.I. 2020/1182 (![]() ![]() ![]() ![]() |
Section 83 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Section 84 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
Section 85 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Sections 86 to 90 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
Section 91 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Section 92 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Sections 93 to 94 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
Section 95 (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
Section 96 (partially) |
2 November 2020 1 September 2021 1 January 2022 |
S.I. 2020/1182 (
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 1 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 2(1), 2(2)(b) and 2(3) | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 3 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 4(1), 4(2) to 4(8), 4(9), 4(10), 4(13) to 4(18), 4(19)(b), 4(20), 4(21), 4(23) to 4(29), 4(32)(a)(i) and (ii), 4(32)(b) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 4(9) (in so |
1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 6(![]() ![]() ![]() ![]() ![]() ![]() |
1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 7 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 8 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraphs 9 and 10 |
1 September 2021 |
S.I. 2021/373 ( |
The Schedule, paragraph 11(a) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 11(b) | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 12(a) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 12(b) | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 13 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 14(1) to (3) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 14(1) and 14(4) | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 15(1) and 15(3) to 15(4) | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraphs 17 and 18 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 19(1), (2), (3), (5)(a) to (![]() ![]() ![]() ![]() |
1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 19(1),(4) and (5)(g) and (h) (partially) (fully) |
2 November 2020 1 September 2021 |
S.I. 2020/1182 (
S.I. 2021/373 ( |
The Schedule, paragraph 19(1), (5)(e)(ii) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 20 | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 21 (1), (2)(a)(i) and (2)(b)(ii) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 21(1) and 21(b)(i) | 1 September 2021 |
S.I. 2021/373 ( |
The Schedule, paragraph 22 (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 23(1), 23(3)(a) to (![]() ![]() |
1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
The Schedule, paragraph 23(1) and (4) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 24(1) and 24(3) and (6)(a) (partially) |
1 September 2021 1 January 2022 |
S.I. 2021/373 (
S.I. 2021/1243 (
S.I. 2021/1244 (
S.I. 2021/1245 ( |
The Schedule, paragraph 24(1), 24(2), (5) and (6)(b) and (![]() | 1 September 2021 |
S.I. 2021/373 (![]() ![]() ![]() ![]() |
Amended by the Care
Act 2014 and
Children
and
Families
Act 2014 (
Consequential
Amendments) Order 2015 (
S.I. 2015/914), article 2 and paragraph 97 of the Schedule.
Inserted by the Children
and
Families
Act
2014 (
c.
6), section 82 and paragraphs 1 and 59 of Schedule 3 and amended by section 95 of the Act.
Inserted by the Children
and
Families
Act
2014 (
c.
6), section 82 and paragraphs 1 and 59 of Schedule 3 and amended by section 95 of the Act.
Amended by the Apprenticeships, Skills, Children
and Learning Act
2009 (
c.
22), section 59 and paragraphs 1 and 6 of Schedule 2, by the
Children
and
Families
Act
2014 (
c.
6), section 82 and paragraphs 1 and 11 of Schedule 3, by the Local Education Authorities and
Children’s
Services Authorities (Integration of
Functions)
Order 2010 (
S.I. 2010/1158), article 5 and paragraph 7 of Schedule 2, by the Education Act
1997 (
c.
44), section 57, paragraph 23 of Schedule 7 and Schedule 8.
Definition of “local authority” was
substituted by the Local Education Authorities and
Children’s
Services Authorities (Integration of
Functions)
Order 2010 (
S.I. 2010/1158), article 3.
Amended by School Standards and Framework
Act
1998 (
c.
31), section 140 and paragraph 111 of Schedule 30 and by the Local Education Authorities and
Children’s
Services Authorities (Integration of
Functions)
Order 2010 (
S.I. 2010/1158), article 5 and paragraph 7(3) of Schedule 2.
The Education Tribunal for
Wales
was
previously known as the Special Educational Needs Tribunal
for
Wales.Seesection
91 of the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018.
S.I. 2012/322 (W.
53).
S.I. 2021/373 (W.
116) (
C.
12)amended by
S.I. 2021/735 (
W.
184)(
C.
34) and
S.I. 2021/938 (
W.
214) (
C.
49).
S.I. 2021/1245 (W.
317) (
C.
70).
Paragraph 4(7) (“the provision”) has been repealed by paragraph 75 of Schedule 2 to the Curriculum
and Assessment (
Wales)
Act 2021 (asc 4) (“
the 2021 Act”). However, the provision has been saved by the
Curriculum
and Assessment (
Wales)
Act 2021 (Transitional and Saving Provision) Regulations 2022 (
S.I. 2022/111 (
W.
39)) in relation to a
child
or pupil provided
with
education under the old
curriculum
(i.e. in relation to
whom
the 2021 Act has not been
commenced).
The effect of that saving provision is that paragraph 4(7) of the Schedule to the Act remains in
force
until such time as the
child
or pupil is provided
with
education under the 2021 Act.
See the Additional Learning Needs and Education Tribunal (Wales)
Act 2018 (
Commencement
No. 8 and Transitional and Saving Provisions) Order 2022 (
S.I. 2022/891 (
W.
188) (
C.
55)), Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (
Commencement
No. 9 and Transitional and Saving Provisions) Order 2022 (
S.I. 2022/892 (
W.
189) (
C.
56)), the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (
Commencement
No. 10) Order 2022 (
S.I. 2022/893 (
W.
190) (
C.
57)), the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (
Commencement
No. 11) Order 2022 (
S.I. 2022/894 (
W.
191) (
C.
58)), the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (
Commencement
No. 13 and Transitional and Saving Provisions) Order 2022 (
S.I. 2022/896 (
W.
193) (
C.
60)), the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (
Commencement
No. 14 and Transitional and Saving Provisions) Order 2022 (
S.I. 2022/897 (
W.
194) (
C.
61))and the Additional Learning Needs and Education Tribunal (
Wales)
Act 2018 (
Commencement
No. 15) Order 2022 (
S.I. 2022/898 (
W.
195) (
C.
62))
which
bring provisions into
force
for
certain
purposes on the same
date
as this Order.
Amended by
S.I. 2021/1428 (W.
369) (
C.
80).
Amended by
S.I. 2021/1428 (W.
369) (
C.
80).
Amended by
S.I. 2021/735 (W.
184) (
C.
34).
Amended by
S.I. 2021/735 (W.
184) (
C. 34).