(This note is not part of the Order)
This Order brings into force provisions of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the Act”).
The Act establishes a statutory framework for supporting children and young people with additional learning needs. This replaces the legislation surrounding special educational needs and the assessment of children and young people with learning difficulties.
The provisions listed in article 3 come into force on 1 September 2021 in relation to certain persons. The Order does this by excepting from that commencement persons who fall into a category set out in article 4 on 1 September 2021. The categories excepted include those over compulsory school age and those engaged with the current statutory framework. This includes those who have identified special educational needs (see article 2).
The provisions listed in article 5 (additional learning provision for detained persons) come into force on 1 September 2021 for those who are not over compulsory school age.
The provisions listed in article 6 also come into force on 1 September 2021 for persons in relation to whom an individual development plan is being prepared or kept under section 40 or 42 of the Act.
The provisions listed in article 8 will come into force fully on 1 September 2021.