Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw2)

PART 2 E+W ADDITIONAL LEARNING NEEDS

CHAPTER 3 E+W SUPPLEMENTARY FUNCTIONS

Additional learning provision in particular kinds of school or other institution E+W

55 Conditions applicable to securing additional learning provision at independent schools E+W

(1) A local authority may not exercise its functions under this Part to secure that a child or young person is educated at an independent school in Wales unless—

(a) the school is included in the register of independent schools in Wales, and

(b) the local authority is satisfied that the school can make the additional learning provision described in the child's or young person's individual development plan.

(2) A local authority may not exercise its functions under this Part to secure that a child or young person is educated at an independent educational institution in England unless—

(a) the institution is included in the register of independent educational institutions in England (kept under section 95 of the Education and Skills Act 2008 (c. 25) (“the 2008 Act”)), and

(b) the local authority is satisfied that the institution can make the additional learning provision described in the child's or young person's individual development plan.

(3) In this section, “independent educational institution” has the meaning given by Chapter 1 of Part 4 of the 2008 Act.

Commencement Information

I1 S. 55 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))

I2 S. 55 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))

I3 S. 55 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(j) (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)

I4 S. 55 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(j), 4 (with art. 1(4))

I5 S. 55 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(j) (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)

I6 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(j)

I7 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(j) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I8 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(j), 4

I9 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I10 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(j) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I11 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(j) (with arts. 2, 4-18)

I12 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(j), 3

I13 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(j) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)