Part V

Miscellaneous and general

Other miscellaneous provisions

Assessments relating to learning difficulties: Wales
140
1
Subsection (2) applies if—
a
a local 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 I of this Act) or higher education (within the meaning of the Education Reform Act 1988).
2
The 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 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 13), 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 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.
5A
“Local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
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
Words 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. 46(2)
S. 140(5A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(11)