The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 15) 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. 15) Order 2022.

• (2) In this Order—

• “the 1996 Act” (“Deddf 1996”) means the Education Act 1996[^f00002];

• “the 2014 Act” (“Deddf 2014”) means the Children and Families Act 2014[^f00003];

• “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[^f00004] 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) of the 2014 Act.

• (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.

Provisions coming into force on 1 September 2022

2

The following provisions of the Act come into force on 1 September 2022 in relation to a person who falls into any of the paragraphs in article 3 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• (iv) paragraph 4(7) to the extent that the paragraph has not been repealed in relation to the child[^f00005];

• (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).

3

A person who is not over compulsory school age—

• (a) in relation to whom an EHC plan is being prepared;

• (b) in relation to whom an EHC plan is being maintained;

• (c) 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);

• (d) 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;

• (e) 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;

• (f) 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;

• (g) 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.

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.

The provisions listed in article 2 come into force on 1 September 2022 in relation to persons not over compulsory school age who are involved in the statutory framework of the Children and Families Act 2014 (for example, an education, health and care plan is being prepared or maintained in relation to the person).

Footnotes

[^f00001]: 2018 anaw 2.

[^f00002]: 1996 c. 56.

[^f00003]: 2014 c. 6.

[^f00004]: Section 8 was amended by section 52 of the Education Act 1997 (c. 44).

[^f00005]: 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.

[^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. 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. 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)) and 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)).

[^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-61902ef45b858fded00b387e9c5eddad]: Art. 1 in force at made date

[^key-ccc082324c3ddbfe25edc355489e4f6e]: Art. 2 in force at made date

[^key-af09e9087d21b34349f03485459bfc36]: Art. 3 in force at made date

Enwi a dehongli

Y darpariaethau sy’n dod i rym ar 1 Medi 2022