The Additional Learning Needs (Wales) Regulations 2021

Local authority request to transfer plan to governing body of further education institution

13.—(1) A request by a local authority under section 36(2) of the 2018 Act that a governing body of an institution in the further education sector becomes responsible for maintaining an individual development plan for a young person who is enrolled as a student at the institution must be—

(a) made in writing, and

(b) accompanied by a copy of the plan, unless the governing body already has a copy of it.

(2) The period prescribed for the purposes of section 36(3) of the 2018 Act (period after which local authority may refer matter to the Welsh Ministers)—

(a) begins with the day on which the governing body receives the request under section 36(2), and

(b) ends at the end of the period of 20 term time days beginning with the day after the day mentioned in sub-paragraph (a).

(3) Where a governing body agrees to a local authority’s request under section 36(2), it—

(a) must inform the local authority in writing of its agreement, and

(b) becomes responsible for the plan under section 12(4) of the 2018 Act—

(i) on the day agreed between the governing body and the authority for responsibility to transfer;

(ii) otherwise on the day on which the authority receives the governing body’s agreement in writing to the request.

(4) In paragraph (2), “term time day” in relation to an institution in the further education sector means a day on which the institution is due to meet for the purpose of teaching students provided that day is within a time period in which the institution delivers the majority of its full-time courses.