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Prospective

PART 2 E+WADDITIONAL LEARNING NEEDS

CHAPTER 1E+WKEY TERMS, CODE AND PARTICIPATION

Code of practiceE+W

5Procedure for making the codeE+W

(1)Before issuing or revising a code under section 4, the Welsh Ministers must consult the following persons on a draft of the code—

(a)each local authority;

(b)the governing body of each maintained school in Wales;

(c)the governing body of each institution in the further education sector in Wales;

(d)Her Majesty's Chief Inspector of Education and Training in Wales;

(e)the Children's Commissioner for Wales;

(f)the Welsh Language Commissioner;

(g)the relevant committee of the National Assembly for Wales with remit for the education of children and young persons;

(h)any other person the Welsh Ministers consider appropriate.

(2)If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales.

(3)The Welsh Ministers must not issue a code unless a draft of it is approved by a resolution of the National Assembly for Wales.

(4)If the National Assembly for Wales resolves to approve a draft of the code—

(a)the Welsh Ministers must issue the code in the form of the draft, and

(b)the code comes into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(5)An order under subsection (4)(b) may—

(a)appoint different days for different purposes;

(b)make transitory, transitional or saving provision in connection with the coming into force of a provision in the code.

(6)References in this section to a code include a revised code.

(7)The requirement to consult imposed by subsection (1) may be satisfied by consultation undertaken before the coming into force of this Part.