Education (Wales) Measure 2009

19 Interpretation of sections 17 and 18

(1) In sections 17 and 18—

• “child” (“plentyn”) includes any person who has not attained the age of 19 and is a registered pupil at a school;

• “disabled child” (“plentyn anabl”) has the same meaning as in section 28IB of the Disability Discrimination Act 1995;

• “local authorities” (“awdurdodau lleol”) means local education authorities in Wales;

• “maintained school” (“ysgol a gynhelir”) means any community, foundation or voluntary school or any community or foundation special school not established in a hospital;

• “maintained nursery school” (“ysgol feithrin a gynhelir”) means a nursery school which is maintained by a local education authority and which is not a special school;

• “parent” (“rhiant”) has the meaning given in section 576 of the Education Act 1996;

• “proprietor” (“perchennog”) in relation to a school means the person or body of persons responsible for the management of the school (so that in relation to a community, foundation or voluntary school or a community or foundation special school, or a maintained nursery school, it means the governing body);

• “relevant school” (“ysgol berthnasol”) means—

  (a)

  a maintained school or a maintained nursery school,

  (b)

  a pupil referral unit,

  (c)

  an independent school named in the statement maintained for the child under section 324 of the Education Act 1996, or

  (d)

  a school approved under section 342 of the Education Act 1996;

• “Welsh Tribunal” (“Tribiwnlys Cymru”) means the Special Educational Needs Tribunal for Wales.

(2) The body responsible for a school is to be determined for the purposes of section 17(2)(c) and 18(1)(g)(iii) in accordance with paragraph 1 of Schedule 4A to the Disability Discrimination Act 1995.

(3) A local authority is responsible for a child for the purposes of section 17(2)(a) if the child is in its area and—

(a) the child is a registered pupil at a maintained school or a maintained nursery school,

(b) education is provided for the child at a school which is not a maintained school or maintained nursery school, but is so provided at the expense of the authority,

(c) the child does not come within (a) or (b), but is a registered pupil at a school and has been brought to its attention as having (or probably having) special educational needs, or

(d) the child is not a registered pupil at a school, but is not under the age of two or over compulsory school age and has been brought to its attention as having (or probably having) special educational needs.