The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) (No. 2) Regulations 2021
Title and commencement1.
The title of these Regulations is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) (No. 2) Regulations 2021 and they come into force on 1 September 2021.
The New School (Admissions) (Wales) Regulations 20062.
(1)
(2)
“(ba)
section 48(1) to (5) of the Additional Learning Needs and Education Tribunal (Wales) Act 20183;”.
The Child Minding and Day Care Exceptions (Wales) Order 20103.
(1)
(2)
In article 14(2)—
(a)
after sub-paragraph (i) insert “or”;
(b)
omit sub-paragraph (iii) and the “or” before it.
The School Admissions (Infant Class Sizes) (Wales) Regulations 20134.
(1)
(2)
In regulation 2(1)—
(a)
““the ALNETA 2018” (“DADYTA 2018”) means the Additional Learning Needs and Education Tribunal (Wales) Act 20186;”;
““additional learning needs” (“anghenion dysgu ychwanegol”) in relation to a child to whom Part 2 of the ALNETA 2018 applies, has the meaning given by section 2 of the ALNETA 2018;”;
““child with an individual development plan” (“plentyn sydd â chynllun datblygu unigol”) means a child in relation to whom an individual development plan is maintained under Part 2 of the ALNETA 2018;”;
““special educational needs” (“anghenion addysgol arbennig”), in relation to a child to whom Chapter 1 of Part 4 of the EA 19967 continues to apply, has the meaning given by section 312 of the EA 1996;”;
(b)
in the definition of “suitable education”, after “needs” insert “or additional learning needs (as the case may be)”.
(3)
In the Schedule—
(a)
“2A.
This paragraph applies to a child with an individual development plan admitted to the school outside a normal admission round as a result of the school being named in the child’s individual development plan under section 48 of the ALNETA 2018.”;
(b)
in paragraph 14, after “needs” insert “or additional learning needs (as the case may be)”.
The Education (Induction Arrangements for School Teachers) (Wales) Regulations 20155.
(1)
(2)
In regulation 3(1), in the definition of “special school”, for “337(1)” substitute “337”.
The Education (Inspection of Nursery Education) (Wales) Regulations 20156.
(1)
(2)
In regulation 3—
(a)
omit the “and” after paragraph (2)(c)(iii);
(b)
“(iv)
where the school was approved under section 347 of the Education Act 199610 (approval of independent schools providing special education) before 1 September 2021 and remains approved immediately before that date, a local authority which is paying the fees in respect of the attendance of a registered pupil at the school in relation to whom Chapter 1 of Part 4 of the Education Act 199611 continues to apply; and(v)
where a registered pupil at the school has an individual development plan in which the school is named under section 14(6) or 19(4) of the Additional Learning Needs and Education Tribunal (Wales) Act 201812, the local authority that maintains the individual development plan under that section 14 or 19;”.
Consequential revocations7.
(a)
(b)
(c)
(d)
These Regulations are made in consequence of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”). The 2018 Act reforms the law on education and training for children and young people with additional learning needs and renames the Special Educational Needs Tribunal for Wales as the Education Tribunal for Wales.
These Regulations make consequential amendments to secondary legislation. Regulation 7 revokes Regulations made under powers which are amended so as no longer to apply in relation to Wales or are repealed by, respectively, sections 57 and 58 of the 2018 Act. The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 2) Order 2021 (S.I. 2021/373 (W. 116) (C. 12)), article 8 brings sections 57 and 58 into force on 1 September 2021, which is the same day that these Regulations come into force.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to 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.