The Independent Schools (Provision of Information) (Wales) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Independent Schools (Provision of Information) (Wales) Regulations 2003 (“the 2003 Regulations”). These amendments are required as a result of the implementation of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”).

Regulation 3 inserts relevant definitions into regulation 2 (interpretation) of the 2003 Regulations. In particular, the 2018 Act is defined, as well as the terms “additional learning needs” and “additional learning provision”. These are both terms introduced in the 2018 Act and the amendments to the 2003 Regulations update the terminology. Regulation 3 also inserts definitions of “special educational needs” and “special educational provision” under section 312 of the Education Act 1996, to distinguish between the old system and the new.

Regulation 4 amends the Schedule to the 2003 Regulations. Paragraph 3 of the Schedule is amended to cover both “special educational needs” and “additional learning needs”. Paragraph 3(5) is omitted. Paragraph 3(6) is replaced to update the terminology and add the requirement for a list of the type of additional learning provision the school makes. Additionally, paragraph 5(1)(a) of the Schedule is amended to update the reference to statements of special educational needs to include individual development plans, and to remove the requirement to provide information that would identify individual pupils. Paragraph 5(2) is amended so that it refers to both additional learning needs and special educational needs.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in the light of these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.