Welsh Statutory Instruments

2022 No. 898 (W. 195) (C. 62)

Education, Wales

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 15) Order 2022

Made

16 August 2022

The Welsh Ministers, in exercise of the powers conferred by section 100(3) and (4) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018(1), make the following Order:

Title and interpretationE+W

1.—(1) The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 15) Order 2022.

(2) In this Order—

“the 1996 Act” (“Deddf 1996”) means the Education Act 1996(2);

“the 2014 Act” (“Deddf 2014”) means the Children and Families Act 2014(3);

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

“compulsory school age” (“oedran ysgol gorfodol”) has the same meaning as in section 8(4) of the 1996 Act;

“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) of the 2014 Act.

(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.

Commencement Information

I1Art. 1 in force at made date

Provisions coming into force on 1 September 2022E+W

2. The following provisions of the Act come into force on 1 September 2022 in relation to a person who falls into any of the paragraphs in article 3 on 1 September 2022—

(a)sections 2 to 4;

(b)sections 6 to 14;

(c)sections 17 to 36;

(d)section 38;

(e)sections 40 to 44;

(f)sections 47 to 49;

(g)section 50(1) for the purposes of the provisions in paragraph (h);

(h)section 50(4) to (5);

(i)sections 51 to 53;

(j)section 55;

(k)section 59;

(l)sections 63 to 66;

(m)sections 68 to 69;

(n)section 96 for the purposes of the provisions in paragraph (o);

(o)in the Schedule—

(i)paragraph 1;

(ii)paragraph 4(1) for the purposes of the provisions in sub-paragraphs (iii) to (xi);

(iii)paragraph 4(2) to 4(6);

(iv)paragraph 4(7) to the extent that the paragraph has not been repealed in relation to the child(5);

(v)paragraph 4(8) to 4(9);

(vi)paragraph 4(10);

(vii)paragraph 4(13) to 4(18);

(viii)paragraph 4(19)(b);

(ix)paragraph 4(20) and 4(21);

(x)paragraph 4(23) to 4(29);

(xi)paragraph 4(32)(a)(i) and (ii) and paragraph 4(32)(b);

(xii)paragraph 7;

(xiii)paragraph 8;

(xiv)paragraph 11(a);

(xv)paragraph 12(a);

(xvi)paragraph 14(1) for the purposes of the provisions in sub-paragraph (xvii);

(xvii)paragraph 14(2) and (3);

(xviii)paragraph 19(1) for the purpose of the provision in sub-paragraph (xix);

(xix)paragraph 19(5)(e)(ii);

(xx)paragraph 21(1) for the purposes of the provisions in sub-paragraph (xxi);

(xxi)paragraph 21(2)(a)(i) and (2)(b)(ii);

(xxii)paragraph 22;

(xxiii)paragraph 23(1) for the purpose of the provision in sub-paragraph (xxiv);

(xxiv)paragraph 23(4);

(xxv)paragraph 24(1) for the purposes of the provisions in sub-paragraph (xxvi);

(xxvi)paragraph 24(3) and (6)(a).

Commencement Information

I2Art. 2 in force at made date

3. A person who is not over compulsory school age—

(a)in relation to whom an EHC plan is being prepared;

(b)in relation to whom an EHC plan is being maintained;

(c)in relation to whom a request to a local authority has been made to secure an EHC needs assessment under section 36(1) of the 2014 Act and the local authority has not determined that request under section 36(3);

(d)in relation to whom a local authority has determined under section 36 of the 2014 Act not to secure an EHC assessment and—

(i)the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;

(ii)mediation under section 55 of the 2014 Act is ongoing in relation to that determination;

(iii)a mediation certificate has been issued under section 55(4) of the 2014 Act in relation to that determination and the period for submitting an appeal to the First-tier Tribunal under section 51 of the 2014 Act has not ended;

(iv)an appeal to the First-tier Tribunal under section 51(2)(a) of the 2014 Act in relation to that determination has been brought but not finally determined;

(v)an appeal to the First-tier Tribunal under section 51(2)(a) of the 2014 Act in relation to that determination has been brought and fully determined and the local authority was ordered to arrange an assessment or re-assessment, and that assessment or re-assessment has not commenced;

(e)in relation to whom a local authority has served a notice under section 36(7) of the 2014 Act that it is considering securing an EHC needs assessment and—

(i)the assessment has not commenced,

(ii)the assessment is ongoing, or

(iii)no notice has been served under section 36(9) of the 2014 Act;

(f)in relation to whom a local authority has determined under section 36(9) of the 2014 Act that it is not necessary for special educational provision to be made in accordance with an EHC plan and—

(i)the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;

(ii)mediation under section 55 of the 2014 Act is ongoing in relation to that determination;

(iv)an appeal to the First-tier Tribunal under section 51(2)(b) of the 2014 Act in relation to that determination has been brought but not finally determined;

(v)an appeal to the First-tier Tribunal under section 51(2)(b) of the 2014 Act in relation to that determination has been brought and finally determined and the local authority was ordered to—

(aa)make and maintain an EHC plan and the making of the EHC plan has not commenced, or

(bb)reconsider its decision and that reconsideration has not commenced;

(g)in relation to whom a local authority has determined under section 45 of the 2014 Act that it is no longer necessary for an EHC plan to be maintained and—

(i)the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;

(ii)mediation under section 55 of the 2014 Act is ongoing in relation to that determination;

(iv)an appeal to the First-tier Tribunal under section 51(2)(f) of the 2014 Act in relation to that determination has been brought but not finally determined.

Commencement Information

I3Art. 3 in force at made date

Jeremy Miles

Minister for Education and Welsh language, one of the Welsh Ministers

16 August 2022

EXPLANATORY NOTE

(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 2 come into force on 1 September 2022 in relation to persons not over compulsory school age who are involved in the statutory framework of the Children and Families Act 2014 (for example, an education, health and care plan is being prepared or maintained in relation to the person).

NOTE AS TO EARLIER COMMENCMENT ORDERS

The following provisions of the Act have been brought into force by Commencement Orders made before the date of this Order(6):

Provision	Date of Commencement	S.I. No
Sections 2 to 3 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68)(7) S.I. 2021/1244 (W. 316) (C. 69)(8) S.I. 2021/1245 (W. 317) (C. 70)
Section 4 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 5	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Section 6 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 7 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 8 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Sections 9 to 14 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 15	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Section 16 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) (9)
Sections 17 to 20 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 21 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Sections 22 to 31 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 32 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Sections 33 to 35 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 36 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 37	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Section 38 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 39	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Sections 40 to 44 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 45	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Section 46	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Section 47 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Sections 48 to 49 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 50(1), (4) and (5) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 50(1), (2) and (3) (fully)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
Sections 51 to 53 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 54 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Section 55 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 56 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Section 56(1)	4 January 2021	S.I. 2020/1182 (W. 267) (C. 33)
Section 56(4) to (6)	4 January 2021	S.I. 2020/1182 (W. 267) (C. 33)
Sections 57 to 58	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
Section 59 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 60	4 January 2021	S.I. 2020/1182 (W. 267) (C. 33)
Section 61	4 January 2021	S.I. 2020/1182 (W. 267) (C. 33)
Section 62	4 January 2021	S.I. 2020/1182 (W. 267) (C. 33)
Sections 63 to 64 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 65 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 66 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Section 67	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Sections 68 to 69 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
Sections 70 to 73	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
Section 74	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Section 75 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Section 76 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Section 77 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373(W. 116) (C. 12)
Sections 78 to 81	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
Section 82	2 November 2020	S.I. 2020/1182 (W. 267) (C. 33)
Section 83 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Section 84	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
Section 85 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Sections 86 to 90	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
Section 91 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Section 92 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Sections 93 to 94	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
Section 95 (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
Section 96 (partially)	2 November 2020 1 September 2021 1 January 2022	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 1 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 2(1), 2(2)(b) and 2(3)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 3	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 4(1), 4(2) to 4(8), 4(9), 4(10), 4(13) to 4(18), 4(19)(b), 4(20), 4(21), 4(23) to 4(29), 4(32)(a)(i) and (ii), 4(32)(b) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 4(9) (in so far as it omits sections 333(1ZA), 333(2) to 333(6) and 334 to 335), 4(12), 4(19)(a), 4(22), 4(30)(a)(ii), 4(30)(b), 4(31), 4(32)(a)(iii), 4(33)(a), 4(33)(b) (in so far as it omits certain definitions), 4(33)(d), 4(33)(e) and 4(33)(g)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 6(d)(v), 6(f), 6(g), 6(j)(i), 6(l)(i), 6(l)(iii), 6(n)(ii) (in so far as it omits paragraph 11 of Schedule 2), and 6(t)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 7 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 8 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraphs 9 and 10	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 11(a) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 11(b)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 12(a) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 12(b)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 13	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 14(1) to (3) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 14(1) and 14(4)	1 September 2021	S.I. 2021/373 (W. 116) (C .12)
The Schedule, paragraph 15(1) and 15(3) to 15(4)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraphs 17 and 18	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 19(1), (2), (3), (5)(a) to (d), (5)(e)(i), (5)(f) and (6)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 19(1),(4) and (5)(g) and (h) (partially) (fully)	2 November 2020 1 September 2021	S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 19(1), (5)(e)(ii) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 20	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 21 (1), (2)(a)(i) and (2)(b)(ii) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 21(1) and 21(b)(i)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 22 (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 23(1), 23(3)(a) to (c) and (5)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12)
The Schedule, paragraph 23(1) and (4) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 24(1) and 24(3) and (6)(a) (partially)	1 September 2021 1 January 2022	S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) S.I. 2021/1244 (W. 316) (C. 69) S.I. 2021/1245 (W. 317) (C. 70)
The Schedule, paragraph 24(1), 24(2), (5) and (6)(b) and (c)	1 September 2021	S.I. 2021/373 (W. 116) (C. 12) (10)

(1)

2018 anaw 2.

(2)

1996 c. 56.

(3)

2014 c. 6.

(4)

Section 8 was amended by section 52 of the Education Act 1997 (c. 44).

(5)

Paragraph 4(7) (“the provision”) has been repealed by paragraph 75 of Schedule 2 to the Curriculum and Assessment (Wales) Act 2021 (asc 4) (“the 2021 Act”). However, the provision has been saved by the Curriculum and Assessment (Wales) Act 2021 (Transitional and Saving Provision) Regulations 2022 (S.I. 2022/111 (W. 39)) in relation to a child or pupil provided with education under the old curriculum (i.e. in relation to whom the 2021 Act has not been commenced). The effect of that saving provision is that paragraph 4(7) of the Schedule to the Act remains in force until such time as the child or pupil is provided with education under the 2021 Act.

(6)

See the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 8 and Transitional and Saving Provisions) Order 2022 (S.I. 2022/891 (W. 188)(C. 55)) , Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 9 and Transitional and Saving Provisions) Order 2022 (S.I. 2022/892 (W. 189) (C. 56)), the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 10) Order 2022 (S.I. 2022/893 (W. 190) (C. 57)), the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 11) Order 2022 (S.I. 2022/894 (W. 191) (C. 58)), the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 12) Order 2022 (S.I. 2022/895 (W. 192) (C. 59)), the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 13 and Transitional and Saving Provisions) Order 2022 (S.I. 2022/896 (W. 193) (C. 60)) and the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 14 and Transitional and Saving Provisions) Order 2022 (S.I. 2022/897 (W. 194) (C. 61)).

(7)

Amended by S.I. 2021/1428 (W. 369) (C. 80).

(8)

Amended by S.I. 2021/1428 (W. 369) (C. 80).

(9)

Amended by S.I. 2021/735 (W. 184) (C. 34).

(10)

Amended by S.I. 2021/735 (W. 184) (C. 34).