Commentary on Sections of the Act

Part 4 – Miscellaneous and General

Section 101- Short title and inclusion as one of the Education Acts

204.The short title of the Act is ‘the Additional Learning Needs and Education Tribunal (Wales) Act 2018

205.The Act is included in the list of Education Acts set out in section 578 of the 1996 Act (subsection (2)). The effect of this and section 99(6) (which provides for provisions of this Act to be read as if in the 1996 Act) is that the Welsh Ministers have powers to intervene in the event of a governing body of a maintained school or local authority failing to comply with duties under the Act or unreasonably exercising functions under the Act. These are the Welsh Ministers’ powers in Part 2 of the Schools Standards and Organisation (Wales) Act 2013 to intervene in the conduct of maintained schools and in a local authority’s exercise of its education functions. The Welsh Ministers also have powers to intervene (under section 57 of the Further and Higher Education Act 1992) in relation to governing bodies of FEIs in the event of breaches of duties under this Act or unreasonably exercising functions under this Act.