The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 6 and Transitional and Saving Provisions) Order 2021

The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 6 and Transitional and Saving Provisions) Order 2021.

In this Order—

• “the 1996 Act” (“Deddf 1996”) means the Education Act 19962;

• “the 2014 Act” (“Deddf 2014”) means the Children and Families Act 20143;

• “the Act” (“y Ddeddf ”) means the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

• “code” (“cod”) means a code on additional learning needs issued under section 4 of the Act;

• “child” (“plentyn”) means a person who is not over compulsory school age but does not include a person who is in year 11;

• “compulsory school age” (“oedran ysgol gorfodol”) has the same meaning as in section 8 of the 1996 Act;

• “EHC needs assessment” (“asesiad o anghenion AIG”) has the same meaning as in section 36(2) of the 2014 Act;

• “EHC plan” (“cynllun AIG”) has the same meaning as in section 37(2)4 of the 2014 Act;

• “individual development plan” (“cynllun datblygu unigol”) means a plan prepared and maintained under Chapter 2 of Part 2 of the Act;

• “institution in the further education sector” (“sefydliad yn y sector addysg bellach”) has the same meaning as in section 99 of the Act;

• “in the area of a local authority in England” (“yn ardal awdurdod lleol yn Lloegr”) has the same meaning as in section 579(3A)5 of the 1996 Act;

• “in the area of a local authority in Wales” (“yn ardal awdurdod lleol yng Nghymru”) has the same meaning as in section 579(3B)6 of the 1996 Act;

• “learning difficulty” (“anhawster dysgu”) has the same meaning as in—

  1. i

     section 312(2)7 of the 1996 Act—

     1. aa

        in relation to a child in the area of a local authority in Wales but not a child who is a registered pupil at a mainstream school in England,

     2. bb

        in relation to a child in the area of a local authority in England who is a registered pupil at a maintained school in Wales, as if “a child in the area of a local authority in Wales” were omitted,

  2. ii

     section 20 of the 2014 Act in relation to a child in the area of a local authority in Wales who is a registered pupil at a mainstream school in England;

• “local authority” (“awdurdod lleol”) has the same meaning as in section 5798 of the 1996 Act;

• “looked after child” (“plentyn sy’n derbyn gofal”) has the same meaning as a child looked after by a local authority in section 15 of the Act;

• “mainstream school” (“ysgol brif ffrwd”) has the same meaning as in section 83(2) of the 2014 Act;

• “maintained school” (“ysgol a gynhelir”) has the same meaning as in section 99 of the Act;

• “nursery class” (“dosbarth meithrin”) means a class of pupils who are provided with nursery education;

• “nursery education” (“addysg feithrin”) has the same meaning as in section 117 of the School Standards and Framework Act 1998;

• “parent” (“rhiant”) has the same meaning as in section 576 of the 1996 Act;

• “registered pupil” (“disgybl cofrestredig”) has the same meaning as in section 4349 of the 1996 Act;

• “school year” (“blwyddyn ysgol”) has the same meaning as in section 57910 of the 1996 Act;

• “special educational provision” (“darpariaeth addysgol arbennig”) has the same meaning as in—

  1. i

     section 312(4)11 of the 1996 Act—

     1. aa

        in relation to a child in the area of a local authority in Wales but not a child who is a registered pupil at a mainstream school in England,

     2. bb

        in relation to a child in the area of a local authority in England who is a registered pupil at a maintained school in Wales as if “in relation to a child in the area of a local authority in Wales” were omitted,

  2. ii

     section 21 of the 2014 Act in relation to a child in the area of a local authority in Wales who is a registered pupil at a mainstream school in England;

• “Tribunal” (“Tribiwnlys”) means the Education Tribunal for Wales12;

• “Tribunal Rules” (“Rheolau’r Tribiwnlys”) means Special Educational Needs Tribunal for Wales Regulations 201213;

• “year 1” (“blwyddyn 1”) means a year group in which the majority of children will, in the school year, attain the age of 6;

• “year 3” (“blwyddyn 3”) means a year group in which the majority of children will, in the school year, attain the age of 8;

• “year 4” (“blwyddyn 4”) means a year group in which the majority of children will, in the school year, attain the age of 9;

• “year 5” (“blwyddyn 5”) means a year group in which the majority of children will, in the school year, attain the age of 10;

• “year 7” (“blwyddyn 7”) means a year group in which the majority of children will, in the school year, attain the age of 12;

• “year 8” (“blwyddyn 8”) means a year group in which the majority of children will, in the school year, attain the age of 13;

• “year 9” (“blwyddyn 9”) means a year group in which the majority of children will, in the school year, attain the age of 14;

• “year 10” (“blwyddyn 10”) means a year group in which the majority of children will, in the school year, attain the age of 15;

• “year 11” (“blwyddyn 11”) means a year group in which the majority of children will, in the school year, attain the age of 16;

• “year group” (“grŵp blwyddyn”) means a group of children at a school the majority of whom will, in a particular school year, attain the same age.

For the purposes of this Order, a local authority is responsible for a child if he or she is in the area of the authority.

This article applies to a child who on 1 January 2022 has identified special educational needs and who is in a nursery class, year 1, year 3, year 5, year 7 or year 10.

Unless the new law applies in relation to the child, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent during the 2021-2022 school year.

This article applies to a child who on 1 September 2022 has identified special educational needs and who is in a nursery class, year 1, year 5, year 9 or year 10 during the school year 2022-2023.

Unless the new law applies in relation to the child, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent during the 2022-2023 school year.

This article applies to a child who on 1 September 2023 has identified special educational needs and who did not come within article 9 or 10.

Unless the new law applies in relation to the child, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent during the 2023-2024 school year.

When an IDP notice is given pursuant to articles 9, 10, 11, or 12 the appropriate local authority must give a copy of the individual development plan to the child and the child’s parent within 12 weeks of the date of the notice, unless there are exceptional circumstances.

If there are exceptional circumstances a copy of the individual development plan must be given as soon as is reasonably practicable.

Any timescales in the code relating to the preparation by a local authority of an individual development plan do not apply when an individual development plan is prepared following the giving of an IDP notice.

This article applies to a child who on 1 January 2022 had identified special educational needs.

Subject to paragraph (4), the appropriate local authority may at any time give an ALN notice to a child and that child’s parent.

The appropriate local authority may only give an ALN notice in exceptional circumstances.