The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 10) Order 2022

Made: 16 August 2022

The Welsh Ministers, in exercise of the powers conferred by section 100(3) and (4) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018[^f00001], make the following Order:

Title and interpretation

1

• (1) The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 10) Order 2022.

• (2) In this Order—

• “the Act” (“y Ddeddf”) 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[^f00002] of the Education Act 1996[^f00003];

• “young person” (“person ifanc”) means a person who is over compulsory school age on 1 September 2022.

Commencement

2

The following provisions of the Act come into force on 1 September 2025 in relation to a young person—

• (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) and (5);

• (i) sections 51 to 53;

• (j) section 55;

• (k) section 59;

• (l) sections 63 to 66;

• (m) sections 68 and 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• (iv) paragraph 4(7) to the extent that the paragraph has not been repealed in relation to the young person[^f00004];

• (v) paragraph 4(8) and (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).

3

Sections 40 to 44 of the Act come into force on 1 September 2022 in relation to a young person.

4

The provisions of the Act listed in paragraphs (a) to (o) of article 2 come into force on 1 September 2022 in relation to a young person for whom an individual development plan—

• (a) is being prepared under section 40 or kept under section 42 of the Act; or

• (b) is being prepared or maintained under section 14 of the Act as a result of regulation 23 of the Additional Learning Needs (Wales) Regulations 2021[^f00005].

Signed

Jeremy Miles — Minister for Education and Welsh language, one of the Welsh Ministers — 16 August 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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, and in particular, transfers the responsibility for securing educational provision for those with additional learning needs who are over compulsory school age from the Welsh Ministers to the relevant local authority.

The provisions listed in article 2 come into force on 1 September 2025 in relation to those who are over compulsory school age on 1 September 2022.

Sections 40 to 44 of the Act (additional learning provision for detained persons) come into force on 1 September 2022 for those who are over compulsory school age on 1 September 2022 (article 3).

The provisions listed in paragraphs (a) to (o) of article 2 come into force on 1 September 2022 for persons in relation to whom an individual development plan is being prepared or kept under section 40 or 42 of the Act, or prepared or maintained under section 14 of the Act as a result of regulation 23 of the Additional Learning Needs (Wales) Regulations 2021 (article 4).

Footnotes

[^f00001]: 2018 anaw 2.

[^f00002]: Section 8 was amended by section 52 of the Education Act 1997 (c. 44).

[^f00003]: 1996 c. 56.

[^f00004]: 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.

[^f00005]: S.I. 2021/401 (W. 130).

[^f00006]: 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. 11) Order 2022 (S.I. 2022/894 (W. 191) (C. 58)), the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 12) Order 2022 (S.I. 2022/895 (W. 192) (C. 59), 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.

[^f00007]: Amended by S.I. 2021/1428 (W. 369) (C. 80).

[^f00008]: Amended by S.I. 2021/1428 (W. 369) (C. 80).

[^f00009]: Amended by S.I. 2021/735 (W. 184) (C. 34).

[^f00010]: Amended by S.I. 2021/735 (W. 184) (C. 34).

Editorial notes

[^key-bd49946a7189c2293e8c027a22a06b10]: Art. 1 in force at made date

[^key-89dd3a69c3ed50e1286bf35d0830c8a2]: Art. 2 in force at made date

[^key-32af3ff35a84048f6fbfc0ebc0e455e5]: Art. 3 in force at made date

[^key-c028bcf984c5c0caee91c4f21a74ba15]: Art. 4 in force at made date

Enwi a dehongli

Cychwyn