Chwilio Deddfwriaeth

Additional Learning Needs and Education Tribunal (Wales) Act 2018

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Additional Learning Needs and Education Tribunal (Wales) Act 2018, Cross Heading: Functions relating to securing additional learning provision is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Part 2 Chapter 3 Crossheading Functions-relating-to-securing-additional-learning-provision:

  • specified provision(s) coming into force by S.I. 2021/381 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/381 revoked (12.8.2021) by S.I. 2021/938, art. 3)
  • specified provision(s) coming into force by S.I. 2021/383 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/383 revoked (12.8.20210) by S.I. 2021/938, art. 4)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Functions relating to securing additional learning provisionE+W

47Duty to take all reasonable steps to secure additional learning provisionE+W

(1)Subsection (2) applies to a child or young person—

(a)who has additional learning needs,

(b)for whom an individual development plan is not being maintained, and

(c)who is a registered pupil at a maintained school in Wales or an enrolled student at an institution in the further education sector in Wales.

(2)The governing body of the maintained school or institution in the further education sector (as the case may be) must, in exercising its functions in relation to the school or institution, take all reasonable steps to secure that the additional learning provision called for by the child's or young person's additional learning needs is made.

(3)The Code under section 4 must include guidance about the exercise of the function in subsection (2) during the period in which an individual development plan is being prepared for a child or young person but has not been given.

(4)Subsection (5) applies to a child or young person—

(a)for whom an individual development plan is being maintained by a local authority, and

(b)who is a registered pupil at a maintained school in Wales or an enrolled student at an institution in the further education sector in Wales.

(5)The governing body of the maintained school or institution in the further education sector (as the case may be) must take all reasonable steps to help the local authority that maintains the plan to secure the additional learning provision specified in it.

Commencement Information

I1S. 47 in force at 2.11.2020 for specified purposes by S.I. 2020/1182, reg. 3(2)(c)

I2S. 47 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))

I3S. 47 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))

I4S. 47 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(f), 4 (with art. 1(4))

I5S. 47 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(f) (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)

I6S. 47 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(f) (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)

I7S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(f)

I8S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(f), 3

I9S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(f) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I10S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I11S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(f) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I12S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(f), 4

I13S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(f) (with arts. 2, 4-18)

I14S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(f) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

48Duty to admit children to named maintained schoolsE+W

(1)Subsection (2) applies if a maintained school in Wales is named in an individual development plan prepared or maintained for a child by a local authority for the purpose of securing admission of the child to the school.

(2)The governing body of the school must admit the child.

(3)Before naming a school under this section, the local authority must consult—

(a)the governing body of the school, and

(b)in the case of a maintained school where neither the local authority nor its governing body is the admissions authority for the school, the local authority for the area in which the school is located.

(4)A local authority may only name a maintained school in an individual development plan for the purpose of securing admission of a child if—

(a)the authority is satisfied that the child's interest requires the additional learning provision identified in his or her plan to be made at the school, and

(b)it is appropriate for the child to be provided with education or training at the school.

(5)Subsection (2) has effect despite any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limits on infant class sizes).

(6)Subsection (2) does not affect any power to exclude a pupil from a school.

(7)In this section, “admissions authority” has the meaning given by section 88 of the School Standards and Framework Act 1998.

Commencement Information

I15S. 48 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))

I16S. 48 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))

I17S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(f) (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)

I18S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(f), 4 (with art. 1(4))

I19S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(f) (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)

I20S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(f) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I21S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(f) (with arts. 2, 4-18)

I22S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(f), 3

I23S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(f), 4

I24S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(f) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I25S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(f)

I26S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I27S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(f) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

49No power to charge for provision secured under this PartE+W

(1)No charge may be made by a governing body or a local authority to a child, a child's parent or a young person for anything that the governing body or local authority secures for a child or young person under this Part.

(2)A child, a child's parent or a young person is not liable to pay any charge made by a person for anything that a governing body or local authority secures for a child or young person under this Part.

(3)In this section, “parent” does not include a parent who is not an individual.

(4)Schedule 1 to the Social Services and Well-being (Wales) Act 2014 (anaw 4) is amended as follows.

(5)In paragraph 1, in sub-paragraph (1), after “other than in the cases mentioned in sub-paragraph (8)” insert “ , and in cases where charging is prohibited by or under an enactment ”.

Commencement Information

I28S. 49 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))

I29S. 49 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))

I30S. 49 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(f) (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)

I31S. 49 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(f) (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)

I32S. 49 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(f), 4 (with art. 1(4))

I33S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I34S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(f) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I35S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(f), 3

I36S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(f) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I37S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(f) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I38S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(f)

I39S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(f) (with arts. 2, 4-18)

I40S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(f), 4

50Welsh Ministers' duties to secure post-16 education and trainingE+W

(1)The Learning and Skills Act 2000 (c. 21) is amended as follows.

(2)In section 31(3) (education and training for persons aged 16 to 19), after paragraph (c) insert—

(cc)take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(cd)take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;.

(3)In section 32(3) (education and training for persons over 19), after paragraph (c) insert—

(cc)take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(cd)take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;.

(4)In section 41 (persons with learning difficulties)—

(a)in the heading, for “learning difficulties” substitute “ additional learning needs ”;

(b)in subsection (1)—

(i)in paragraph (a), for “learning difficulties, and” substitute “ additional learning needs; ”;

(ii)for paragraph (b) substitute—

(b)to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.;

(c)omit subsections (2), (3) and (4);

(d)for subsection (5) substitute—

(5A)In this Part, “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “additional learning provision” has the meaning given by section 3 of that Act.;

(e)omit subsection (6).

(5)Omit section 140 (assessments relating to learning difficulties).

Commencement Information

I41S. 50(1)(4)(5) in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))

I42S. 50(1)(4)(5) in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))

I43S. 50(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373, art. 8(a)

I44S. 50(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(g), 4 (with art. 1(4))

I45S. 50(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(g) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)

I46S. 50(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(g) (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)

I47S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(g) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I48S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(g), 4

I49S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(g) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I50S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(g), 3

I51S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(g) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I52S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(g)

I53S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(g) (with arts. 2, 4-18)

I54S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I55S. 50(2)(3) in force at 1.9.2021 by S.I. 2021/373, art. 8(b)

I56S. 50(4)(5) in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(h) (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)

I57S. 50(4)(5) in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(h) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)

I58S. 50(4)(5) in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(h), 4 (with art. 1(4))

I59S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(h), 4

I60S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(h) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I61S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(h)

I62S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(h) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I63S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(h) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I64S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(h), 3

I65S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I66S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(h) (with arts. 2, 4-18)

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