Part V

Miscellaneous and general

Other miscellaneous provisions

Assessments relating to learning difficulties: Wales
140
1
Subsection (2) applies if—
a
a local education authority in Wales maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and
b
the Welsh Ministers believe that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of Part 2 of this Act) or higher education (within the meaning of the Education Reform Act 1988).
2
The Welsh Ministers must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.
3
The Welsh Ministers may at any time arrange for an assessment to be conducted of a person—
a
who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,
b
who appears to the Welsh Ministers to have a learning difficulty (within the meaning of section 41), and
c
who is receiving, or in the opinion of the Welsh Ministers is likely to receive, post-16 education or training (within the meaning of Part 2 of this Act) or higher education (within the meaning of the Education Reform Act 1988).
4
For the purposes of this section an assessment of a person is an assessment resulting in a written report of—
a
his educational and training needs, and
b
the provision required to meet them.
5
A local education authority in Wales must send a copy of a statement maintained by it under section 324 of the Education Act 1996 to the Welsh Ministers on their request.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 140 partly in force; s. 140 not in force at Royal Assent see s. 154; s. 140(5) in force for E. at 1.3.2001 by S.I. 2001/654, art. 2, Sch. Pt. I; s. 140(3)(4) in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 140(3) in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(4)(5)(6) in force for W. for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(1)(2)(4)-(6) wholly in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I; s. 140(1)(2) in force for E. at 1.4.2002 by S.I. 2002/279, art. 2(2)(b) (with art. 3)
1988 c. 40.
1988 c. 40.
1996 c. 56.
S. 140 heading substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77
Words in s. 140(1)(a) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(a)
Words in s. 140(1)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(b)
Words in s. 140(2) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(c)
Words in s. 140(3) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(c)
Words in s. 140(3)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(d)
Words in s. 140(3)(c) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(e)
Words in s. 140(5) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(f)
Words in s. 140(5) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(f)
S. 140(6) repealed (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(g), 2