The Education (Wales) Measure 2009 (Pilot) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations made under section 17(1) and (2) of the Education (Wales) Measure 2009 (“the 2009 Measure”) come into force on 6 March 2012.

These Regulations make provision to pilot the provisions of the Education Act 1996 and the Equality Act 2010 as amended by Part 1 of the 2009 Measure.

The effect of these Regulations when taken together with provisions in the Commencement Order that brings Part 1 of the 2009 Measure into force on 6 March 2012 is that those provisions will apply only for the purposes of piloting in the local authority areas of Carmarthenshire and Wrexham. Once these Regulations cease to have effect the provisions in Part 1 of the 2009 Measure will automatically apply to the whole of Wales.

Regulation 2 defines the pilot period.

Regulation 3 specifies that Carmarthenshire County Council and Wrexham County Borough Council and their respective areas will pilot the new duties and rights.

Regulation 4 makes provision about entitlement to make a special educational needs appeal or a claim of disability discrimination to the Special Educational Needs Tribunal for Wales (“the Tribunal”) during the pilot period and specifies the duties imposed on Carmarthenshire County Council and Wrexham County Borough Council during the pilot period.

Regulation 5 makes provision for the Welsh Ministers to request information from the Tribunal, or Carmarthenshire County Council, or Wrexham County Borough Council, or a responsible body for a school in Carmarthenshire or Wrexham.