http://www.legislation.gov.uk/anaw/2018/2/section/36/notesExplanatory Notes to Additional Learning Needs and Education Tribunal (Wales) Act 2018Education and Public Services Group of the Welsh GovernmentenKing's Printer of Acts of Parliament2018-01-29
<Citation URI="http://www.legislation.gov.uk/id/anaw/2018/2" id="c00001" Class="WelshNationalAssemblyAct" Year="2018" Number="0002">Additional Learning Needs and Education Tribunal (Wales) Act 2018</Citation>
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24 January 2018
Commentary on Sections of the Act<CitationSubRef id="c00008" URI="http://www.legislation.gov.uk/id/anaw/2018/2/part/2" CitationRef="c00001" SectionRef="part-2">Part 2</CitationSubRef> – Additional Learning NeedsChapter 2 – Individual Development PlansTransfer of plans
<CitationSubRef id="c00166" URI="http://www.legislation.gov.uk/id/anaw/2018/2/section/36" CitationRef="c00001" SectionRef="section-36">Section 36</CitationSubRef> – Request to transfer plan to governing body of further education institution
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Section 36 permits a local authority to request the governing body of an FEI to become responsible for maintaining an IDP for a young person, where that young person is enrolled at the FEI and the local authority currently maintains an IDP for him or her. If the governing body does not agree with the request within the period prescribed in regulations, section 36 permits the local authority to refer the matter to the Welsh Ministers for them to decide whether the governing body should maintain the plan. If the governing body agrees to the request, or if the Welsh Ministers determine that it should maintain the plan, then it is under a duty to do so (see section 12(4)).