Capacity of children
21
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 12 weeks in article 13(1);
d
the power to give a child an ALN notice in article 14(2).
2
The duty or power does not apply if the appropriate local authority 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.
Art. 21 inserted (14.12.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Amendment of Commencement Order No. 5 and Commencement Order No. 6) Order 2021 (S.I. 2021/1428), art. 3(2)