Additional Learning Needs and Education Tribunal (Wales) Act 2018

5 Procedure for making the code

(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.