Title and interpretation1.

(1)

The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 11) Order 2022.

(2)

In this Order—

“the 1996 Act” (“Deddf 1996”) means the Education Act 19962;
“the 2014 Act” (“Deddf 2014”) means the Children and Families Act 20143;

“the Act” (“y Ddeddf”) means the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“child” (“plentyn”) means a person who is not over compulsory school age;

“compulsory school age” (“oedran ysgol gorfodol”) has the same meaning as in section 84 of the 1996 Act;

“a child educated other than at school” (“plentyn a addysgir ac eithrio yn yr ysgol”) means a child for whom a local authority in Wales has made arrangements for the provision of education otherwise than at school who is within the authority’s area and—

(a)

is of compulsory school age, and

(b)

by reason of illness, exclusion from school or otherwise, may not receive suitable education for a period unless such arrangements are made for the child;

“EHC needs assessment” (“asesiad o anghenion AIG”) has the same meaning as in section 36(2) of the 2014 Act;

“EHC plan” (“cynllun AIG”) has the same meaning as in section 37(2)5 of the 2014 Act;
“in the area of a local authority in Wales” (“yn ardal awdurdod lleol yng Nghymru”) has the same meaning as in section 579(3B)6 of the 1996 Act;

“learning difficulty” (“anhawster dysgu”) has the same meaning as in—

  1. (i)
    section 312(2)7 of the 1996 Act in relation to a child in the area of a local authority in Wales but not a child who is a registered pupil at a school in England,
  2. (ii)

    section 20 of the 2014 Act in relation to a child in the area of a local authority in Wales who is a registered pupil at a school in England;

“local authority” (“awdurdod lleol”) has the same meaning as in section 5798 of the 1996 Act;

“looked after child” (“plentyn sy’n derbyn gofal”) has the same meaning as in section 15 of the Act;

“mainstream school” (“ysgol brif ffrwd”) has the same meaning as in section 83(2) of the 2014 Act;

“maintained school” (“ysgol a gynhelir”) has the same meaning as in section 99 of the Act;

“proprietor” (“perchennog”) has the same meaning as in section 579 of the 1996 Act;

“registered pupil” (“disgybl cofrestredig”) has the same meaning as in section 4349 of the 1996 Act;

“special educational provision” (“darpariaeth addysgol arbennig”) has the same meaning as in—

  1. (i)
    section 312(4)10 of the 1996 Act in relation to a child in the area of a local authority in Wales but not a child who is a registered pupil at a mainstream school in England,
  2. (ii)

    section 21 of the 2014 Act in relation to a child in the area of a local authority in Wales who is a registered pupil at a mainstream school in England;

“Tribunal” (“Tribiwnlys”) means the Education Tribunal for Wales11;
“Tribunal Rules” (“Rheolau’r Tribiwnlys”) means Special Educational Needs Tribunal for Wales Regulations 201212.

(3)

For the purposes of this Order an appeal is finally determined if—

(a)

a decision is made by a tribunal or court on the appeal, and

(b)

if a request may be made to review the decision or it may be further appealed, and the period (or each of the periods) for doing so expires without a review being requested or further appeal being brought.

(4)

For the purposes of this Order, a local authority is responsible for a child if he or she is in the area of the authority.