[F1312 Meaning of “special educational needs” and “special educational provision” etc.E+W
(1)A child [F2in the area of a local authority in Wales] has “special educational needs” for the purposes of this Act if he has a learning difficulty which calls for special educational provision to be made for him.
(2)Subject to [F3subsections (3) and (3A)] a child [F4in the area of a local authority in Wales] has a “learning difficulty” for the purposes of this Act if—
(a)he has a significantly greater difficulty in learning than the majority of children of his age,
(b)he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the [F5local authority] , or
(c)he is under [F6compulsory school age] and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of F7. . . that age.
(3)A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
[F8(3A)Subsection (2) does not apply—
(a)for the purposes of sections F9... , 15A [F10and 15B], or
(b)for the purposes of sections 18A and 562H (except for the purpose of [F11a local authority in Wales] determining, for the purposes of those sections, whether a child has special educational needs).]
(4)In this Act “special educational provision” means—
(a)in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the [F5local authority] (other than special schools) F12. . ., and
(b)in relation to a child under that age, educational provision of any kind.
(5)In this Part—
“child” includes any person who has not attained the age of 19 and is a registered pupil at a school;
[F13“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.]]
Textual Amendments
F1Pt. 4 Ch. 1 repealed (1.9.2021 for the repeal of ss. 333(1ZA)(2)-(6), 334-335 and otherwise in force for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(9); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
F2Words in s. 312(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F3Words in s. 312(2) substituted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 6(2); S.I. 2010/303, art. 6, Sch. 5
F4Words in s. 312(2) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F5Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
F6Words in s. 312(2)(c) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 23(a); S.I. 1998/386, art. 2, Sch. 1 Pt. III
F7Words in s. 312(2)(c) repealed (1.8.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 23(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. III
F8S. 312(3A) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 6(3); S.I. 2010/303, art. 6, Sch. 5
F9Word in s. 312(3A)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(3)(a)(i); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F10Words in s. 312(3A)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(3)(a)(ii); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F11Words in s. 312(3A)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F12Words in s. 312(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 71(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F13Words in s. 312(5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 71(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1