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

PART 2 E+W ADDITIONAL LEARNING NEEDS

CHAPTER 2 E+W INDIVIDUAL DEVELOPMENT PLANS

Additional learning provision for detained persons E+W

43 Release of a detained person E+W

(1) Subsection (2) applies where—

(a) a detained person is released,

(b) on the release date, a local authority in Wales is responsible for the person, and

(c) an individual development plan was kept for the person under section 42 during the detention.

(2) The local authority must maintain the plan; and the plan is to be treated as maintained under section 14 for the purposes of this Part, with any provision described in the plan in accordance with section 19(4) or 40(7) being treated as described in accordance with section 14(6).

(3) But subsection (4) applies instead of subsection (2) if—

(a) the person who has been released is a child, and

(b) immediately on release, the child is looked after by a local authority.

(4) The local authority that looks after the child must maintain the plan; and the plan is to be treated as maintained under section 19 for the purposes of this Part, with any provision described in the plan in accordance with section 14(6) or 40(7) being treated as described in accordance with section 19(4).

Commencement Information

I1 S. 43 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. 43 in force at 1.9.2021 for specified purposes by S.I. 2021/373, art. 5

I3 S. 43 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))

I4 S. 43 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(e) (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)

I5 S. 43 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(e) (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)

I6 S. 43 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(e), 4 (with art. 1(4))

I7 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(e) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I8 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(e) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I9 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 3 (with art. 1(2))

I10 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I11 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(e)

I12 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(e) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I13 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(e), 4

I14 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(e) (with arts. 2, 4-18)

I15 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(e), 3