The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Amendment of Commencement Order No. 5 and Commencement Order No. 6) Order 2021

Amendment of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 5 and Transitional and Saving Provisions) Order 2021

2.—(1) The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 5 and Transitional and Saving Provisions) Order 2021(1) is amended as follows.

(2) After article 22 insert—

“Capacity of children

23.— (1) Paragraph (2) applies to—

(a) the duty to give a child an IDP notice or a No IDP notice in articles 9(2), 10(2) and 11(2);

(b) the duty to give a notice following a request by a child under article 12;

(c) the duty to give a child a copy of the individual development plan within 35 school days in article 13(1);

(d) the power to give a child an ALN notice in article 14(2);

(e) the duty to give an ALN notice following a request by a child under article 14(3).

(2) The duty or power does not apply if the governing body or the appropriate local authority (as the case may be) considers that the child does not have capacity to understand the subject matter.

(3) Where paragraph (2) applies in relation to the duty in paragraph (1)(a) or (b), the first reference to a child in article 5 is to be read as if it were omitted.

(4) Where paragraph (2) applies in relation to the duty in paragraph (1)(a) or (b), the first reference to a child in article 6 is to be read as if it were omitted.”

(1)

S.I. 2021/1243 (W. 315) (C. 68).