2022 No. 913 (W. 199)
Education, Wales

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential and Miscellaneous Amendments) Regulations 2022

Made
Laid before Senedd Cymru
Coming into force
The Welsh Ministers, in exercise of the powers conferred by section 97(1) and (2) of the Additional Learning Needs and Education Tribunal (Wales) Act 20181, make the following Regulations.

Title and commencement1.

The title of these Regulations is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential and Miscellaneous Amendments) Regulations 2022 and they come into force on 14 September 2022.

The Education (Special Educational Needs) (Wales) Regulations 20022.

(1)

Regulation 17 of the Education (Special Educational Needs) (Wales) Regulations 20022 is amended as follows.

(2)

In paragraph (4)—

(a)

after sub-paragraph (c) insert “or”;

(b)

omit sub-paragraph (e) and the “or” before it.

(3)

In paragraph (7)(b) for “(e)” substitute “(d)”.

The Education Standards Grants (Wales) Regulations 20023.

(1)

The Education Standards Grants (Wales) Regulations 20023 are amended as follows.

(2)

In regulation 2(1)—

(a)

at the appropriate places insert—
““the 2018 Act” (“Deddf 2018”) means the Additional Learning Needs and Education Tribunal (Wales) Act 20184;”;

““additional learning needs” (“anghenion dysgu ychwanegol”) has the same meaning as in the 2018 Act;”;

““IDP review” (“adolygiad CDU”) means the review of an individual development plan required by section 23 of the 2018 Act;”;

““individual development plan” (“cynllun datblygu unigol”) means an individual development plan maintained under Part 2 of the 2018 Act;”.

(b)

in the definition of “learning support assistant” after “with” insert “additional learning needs or”;

(c)

in the definition of “parent partnership services”—

(i)

after “under” insert “Part 2 of the 2018 Act or”, and

(ii)

after “special educational needs”, in both places it occurs, insert “or additional learning needs”.

(3)

In paragraph 6 of the Schedule—

(a)

in sub-paragraphs (a), (c), (d) and (g) after “special educational needs”, in each place it occurs, insert “or additional learning needs”;

(b)

in sub-paragraph (b) after “needs” insert “and additional learning needs”;

(c)

in sub-paragraph (c) after “annual review meetings” insert “and IDP reviews,”;

(d)

in sub-paragraph (h) after “needs” insert “and additional learning needs”;

(e)

in sub-paragraph (i) after “provision” insert “and additional learning needs provision”.

The Education (Admission Forums) (Wales) Regulations 20034.

(1)

The Education (Admission Forums) (Wales) Regulations 20035 are amended as follows.

(2)

In regulation 3(1)(g), after “needs,” insert “children with additional learning needs (within the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018),”.

The School Councils (Wales) Regulations 20055.

(1)

The School Councils (Wales) Regulations 20056 are amended as follows.

(2)

In regulation 2—

(a)

at the appropriate places, insert—

““additional learning needs” (“anghenion dysgu ychwanegol”) has the same meaning as in the Additional Learning Needs and Education Tribunal (Wales) Act 2018;”;

““additional learning needs resource base” (“canolfan adnoddau anghenion dysgu ychwanegol”) means a class or department within a school for pupils with additional learning needs;”;

(b)

at the end of the definition of “infant school” omit “and”; and

(c)

omit the definition of “special educational needs resource base”.

(3)

In regulation 4(4) for “special educational”, in both places it occurs, substitute “additional learning”.

The Special Educational Needs Tribunal for Wales Regulations 20126.

(1)

The Special Educational Needs Tribunal for Wales Regulations 20127 are amended as follows.

(2)

In regulation 61(5)—

(a)

after sub-paragraph (c) insert “or”;

(b)

omit subparagraph (e) and the “or” before it.

(3)

In regulation 62(3)—

(a)

after sub-paragraph (c) insert “or”;

(b)

omit sub-paragraph (e) and the “or” before it.

The Selection of the President of the Welsh Tribunals Regulations 20177.

(1)

The Selection of the President of the Welsh Tribunals Regulations 20178 are amended as follows.

(2)

In regulation 1(2)(b), in the table, at the end of the provision in the left-hand column “Section 333(2)(a) of the Education Act 1996” insert “or Section 91(3) of the Additional Learning Needs and Education Tribunal (Wales) Act 20189.

Jeremy Miles
Minister for Education and Welsh Language, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations are made in consequence of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the Act”). That 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 relating to education law in Wales.

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.