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The Special Educational Needs and Disability Act 2001 (Commencement No. 2) (Wales) Order 2003

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Welsh Statutory Instruments

2003 No. 2532 (W.247) (C.94)

EDUCATION, WALES

The Special Educational Needs and Disability Act 2001 (Commencement No. 2) (Wales) Order 2003

Made

1st October 2003

The National Assembly for Wales, in exercise of the power conferred upon it by section 43(6) and (7) of the Special Educational Needs and Disability Act 2001(1), hereby makes the following Order:

Citation, Application and Interpretation

1.  (1)  This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 2) (Wales) Order 2003.

(2) This Order applies only in relation to Wales.

(3) In this Order, unless otherwise stated, references to sections are references to sections of the Special Educational Needs and Disability Act 2001.

Appointed day

2.  The day appointed for the coming into force of the provisions specified in the Schedule to this Order is 8th October 2003.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

D. Elis-Thomas

The Presiding Officer of the National Assembly

1st October 2003

Article 4

SCHEDULEPROVISIONS COMING INTO FORCE ON 8TH OCTOBER 2003

PROVISIONSUBJECT MATTER
Section 14Accessibility strategies and plans
Section 15Accessibility strategies and plans: procedure
Section 22 (in so far as it gives the National Assembly power to give directions under section 28M(1) or (3) of the Disability Discrimination Act 1995 or makes provision in relation to such a direction)Roles of the Secretary of State and the National Assembly

Explanatory Note

(This note is not part of the Order)

This Order brings into force in Wales on 8th October 2003 the remaining provisions of the Special Educational Needs and Disability Act 2001 which are not in force in Wales at the date of this Order, so that no further Order is required in relation to Wales.

The provisions being brought into force enable the National Assembly for Wales to make regulations and issue guidance in relation to accessibility strategies and plans, under the provisions of Part 2 of the Act (disability discrimination in education).

The provisions also enable the National Assembly for Wales to give local education authorities directions as to the discharge of their duties relating to accessibility strategies and plans or to make provision in relation to such directions.

Note as to Earlier Commencement Orders

(This Note is not part of the Order)

The following provisions of the Special Educational Needs and Disability Act 2001 have been brought into force in relation to Wales by Commencement Orders made before the date of this Order.

ProvisionDate of commencementS.I. No.
Section 10 (partially)8 December 20012001/3992 (C. 127)
Paragraphs 3 and 14 of Schedule 1 (partially)8 December 20012001/3992 (C. 127)
Section 1 (partially)21 January 20022002/74 (W.8) (C.1)
Section 8 (partially)21 January 20022002/74 (W.8) (C.1)
Section 42(1) (partially)21 January 20022002/74 (W.8) (C.1)
Paragraphs 17 and 18 of Schedule 8 (partially)21 January 20022002/74 (W.8) (C.1)
Section 4 (to the extent not already in force)1 April 20022001/3992 (C. 127)
Section 5 (to the extent not already in force)1 April 20022001/3992 (C. 127)
Section 61 April 20022001/3992 (C. 127)
Section 10 (to the extent not already in force)1 April 20022001/3992 (C. 127)
Section 411 April 20022001/3992 (C. 127)
Section 42(1) (to the extent not already in force) partially1 April 20022001/3992 (C. 127)
Section 42(2)—(4) (to the extent not already in force)1 April 20022001/3992 (C. 127)
Section 42(6) partially1 April 20022001/3992 (C. 127)
Paragraphs 1 to 20 of Schedule 1 (to the extent not already in force)1 April 20022001/3992 (C. 127)
In Schedule 8, paragraphs 13(1) to (4) and 151 April 20022001/3992 (C. 127)
In Schedule 9, the repeals in so far as they relate to Wales of —1 April 20022001/3992 (C. 127)
in the Education Act 1996, in section 336(2), paragraph (d) and in section 441(3)(a), the words “in accordance with paragraph 10 of Schedule 27”; and
in the School Standards and Framework Act 1998, in Schedule 30, paragraph 186(2)(b).
Section 1 (to the extent not already in force)1 April 20022002/74 (W.8) (C.1)
Sections 2 and 31 April 20022002/74 (W.8) (C.1)
Section 71 April 20022002/74 (W.8) (C.1)
Section 8 (to the extent not already in force)1 April 20022002/74 (W.8) (C.1)
Section 91 April 20022002/74 (W.8) (C.1)
Section 42(1) (to the extent not already in force) partially1 April 20022002/74 (W.8) (C.1)
Section 42(6) partially1 April 20022002/74 (W.8) (C.1)
In Schedule 8, paragraphs 1, 5 to 12, 14, 16 to 18 (to the extent not already in force)1 April 20022002/74 (W.8) (C.1)
In Schedule 9, the repeals in so far as they relate to Wales of —1 April 20022002/74 (W.8) (C.1)
in the Disabled Persons (Services, Consultation and Representation) Act 1986, section 5(1); and
in the Education Act 1996 —
in section 325(1), the words “, and of the effect of subsection (2) below”; and
in Schedule 27, paragraph 3(4), paragraph 8(1)(b)(iii), in paragraph 9(1) the words “amend, or” and “10 or”, and paragraph 10.
Section 26, for the purpose of allowing the designation of educational institutions pursuant to sections 28R(6)(c) and 28R(7)(e) of the Disability Discrimination Act 199530 May 20022002/1647 (C 49)
Section 3130 May 20022002/1647 (C. 49)
Section 19 sub-section (1), partially1 July 20022002/1721 (C. 50)
In section 36, sub-section (2) and sub-section (1) as far as it relates to sub-section (2)1 July 20022002/1721 (C. 50)
Paragraph 13(5) of Schedule 81 July 20022002/1721 (C. 50)
Sections 11 to 13 inclusive1 September 20022002/2217 (C.71)
Sections 16 to 18 inclusive1 September 20022002/2217 (C.71)
Section 19 (to the extent not already in force)1 September 20022002/2217 (C.71)
Sections 20 and 211 September 20022002/2217 (C.71)
Section 22 (save in so far as it gives the National Assembly power to give directions under section 28M(1) or (3) of the Disability Discrimination Act 1995 or makes provision in relation to such a direction)1 September 20022002/2217 (C.71)
Sections 23 to 25 inclusive1 September 20022002/2217 (C.71)
Section 26 (to the extent not already in force)1 September 20022002/2217 (C.71)
Section 271 September 20022002/2217 (C.71)
Section 28 (subject to article 6 of S.I 2002/ 2217(C.71))1 September 20022002/2217 (C.71)
Section 291 September 20022002/2217 (C.71)
Section 30 20021 September (C.71)2002/2217
Sections 32 to 35 inclusive1 September 20022002/2217 (C.71)
Section 36 (to the extent not already in foce)1 September 20022002/2217 (C.71)
Sections 37 to 40 inclusive1 September 20022002/2217 (C.71)
Section 41 (to the extent not already in force)1 September 20022002/2217 (C.71)
Section 42 (to the extent not already in force)1 September 20022002/2217 (C.71)
Schedules 2 to 7 inclusive1 September 20022002/2217 (C.71)
Schedule 8 (to the extent not already in force)1 September 20022002/2217 (C.71)
Schedule 9 (to the extent not already in force)1 September 20022002/2217 (C.71)

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