The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 3 and No. 4 and Transitional and Saving Provisions) (Amendment) Order 2021

Amendment of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 3 and Transitional and Saving Provisions) Order 2021

2.  After article 16 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 3 and Transitional and Saving Provisions) Order 2021(1) insert—

“16A.— (1) This article applies to a child who had identified special educational needs on 1 September 2021—

(a) who ceases to be a registered pupil at the first school,

(b) for whom a request for an IDP notice or a no needs notice has not been made, and

(c) in relation to whom the old law applies.

(2) On the date that the child ceases to be a registered pupil at the first school—

(a) the new law applies in relation to the child, and

(b) the old law ceases to apply in relation to the child.

(3) In this article—

(a) “ceases to be a registered pupil” means that the pupil’s name is deleted from the admission register of the school in accordance with the Education (Pupil Registration) (Wales) Regulations 2010(2);

(b) “first school” means the maintained school at which the child was a registered pupil on 1 September 2021.

16B.— (1) This article applies to a child who had identified special educational needs on 1 September 2021—

(a) who becomes a registered pupil or an enrolled student at another institution (that institution being a school or institution in the further education sector),

(b) for whom a local authority in Wales is responsible,

(c) for whom a request for an IDP notice or a no needs notice has not been made, and

(d) in relation to whom the old law applies.

(2) On the date that the child becomes a registered pupil or an enrolled student at another institution—

(a) the new law applies in relation to the child, and

(b) the old law ceases to apply in relation to the child.

16C.— (1) This article applies to a child who had identified special educational needs on 1 September 2021—

(a) who becomes a child looked after by a local authority within the meaning of section 15 of the Act,

(b) for whom a request for an IDP notice or a no needs notice has not been made, and

(c) in relation to whom the old law applies.

(2) On the date that the child becomes a child looked after by a local authority within the meaning of section 15 of the Act—

(a) the new law applies in relation to the child, and

(b) the old law ceases to apply in relation to the child.”.

(1)

S.I. 2021/381 (W. 120) (C. 13).

(2)

S.I. 2010/1954 (W. 187).