(1)Subsection (2) applies where—
(a)it is brought to the attention of, or otherwise appears to the governing body of a maintained school in Wales or an institution in the further education sector in Wales that a child or young person who is a registered pupil or enrolled student at the school or institution (as the case may be) may have additional learning needs,
(b)the child or young person is a registered pupil or an enrolled student at another institution (that institution being a school or an institution in the further education sector),
(c)the child or young person is to be provided with education or training at each of the institutions at which he or she is a registered pupil or an enrolled student,
(d)an individual development plan is not being maintained for the child or young person, and
(e)a local authority is responsible for the child or young person.
(2)The governing body must refer the child's or young person's case to the local authority responsible for the child or young person for the authority to decide under section 13(1).
(3)Subsections (4), (5) and (6) apply where—
(a)the governing body of a maintained school in Wales or an institution in the further education sector in Wales maintains an individual development plan for a child or young person,
(b)the child or young person becomes a registered pupil or an enrolled student at another institution (that institution being a school or an institution in the further education sector),
(c)the child or young person is to be provided with education or training at each of the institutions at which he or she is a registered pupil or an enrolled student, and
(d)a local authority is responsible for the child or young person.
(4)The local authority responsible for the child or young person must maintain the individual development plan instead of the governing body and the plan is to be treated as maintained by the local authority under section 14 for the purposes of this Part.
(5)The local authority's duty in subsection (4) takes effect on the day on which the authority is informed under subsection (6) or otherwise becomes aware that the circumstances mentioned in subsection (3) apply.
(6)If the governing body of a maintained school in Wales or an institution in the further education sector in Wales is aware that the circumstances described in subsection (3) apply in respect of a child or young person who is a registered pupil or an enrolled student at the school or institution (as the case may be), the governing body must inform the local authority responsible for the child or young person of that fact.
(7)A local authority may not exercise its power to direct under subsections (2)(b) or (4) of section 14 in relation to a child or young person who is a registered pupil or an enrolled student at more than one institution (whether a school or an institution in the further education sector) if he or she is to be provided with education or training at each of those institutions.
Commencement Information
I1S. 30 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/735, art. 2(2)(a) and S.I. 2021/938, art. 2(3))
I2S. 30 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/735, art. 2(3)(a) and S.I. 2021/938, art. 2(4)(5))
I3S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(c) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)
I4S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))
I5S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(c) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)
I6S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))
I7S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4
I8S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)
I9S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)
I10S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3
I11S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(c) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)
I12S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(c) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)
I13S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(c) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)