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Additional Learning Needs and Education Tribunal (Wales) Act 2018
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Additional Learning Needs and Education Tribunal (Wales) Act 2018, Cross Heading: Key terms is up to date with all changes known to be in force on or before 16 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Part 2 Chapter 1 Crossheading Key-terms:
- specified provision(s) coming into force by S.I. 2021/381 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/381 revoked (12.8.2021) by S.I. 2021/938, art. 3)
- specified provision(s) coming into force by S.I. 2021/383 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/383 revoked (12.8.20210) by S.I. 2021/938, art. 4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(3)(ca)(cb) inserted by 2022 asc 1 Sch. 4 para. 39(2)
- s. 5(1)(da) inserted by 2022 asc 1 Sch. 4 para. 39(3)
- s. 65(4)(da)(db) inserted by 2022 asc 1 Sch. 4 para. 39(5)
- Sch. 1 para. 4(32)(a)(i)para. 4(32)(a)(ii)(b) coming into force by S.I. 2022/893 art. 2(o)(xi)
Key termsE+W
2Additional learning needsE+W
(1)A person has additional learning needs if he or she has a learning difficulty or disability (whether the learning difficulty or disability arises from a medical condition or otherwise) which calls for additional learning provision.
(2)A child of compulsory school age or person over that age has a learning difficulty or disability if he or she—
(a)has a significantly greater difficulty in learning than the majority of others of the same age, or
(b)has a disability for the purposes of the Equality Act 2010 (c. 15) which prevents or hinders him or her from making use of facilities for education or training of a kind generally provided for others of the same age in mainstream maintained schools or mainstream institutions in the further education sector.
(3)A child under compulsory school age has a learning difficulty or disability if he or she is, or would be if no additional learning provision were made, likely to be within subsection (2) when of compulsory school age.
(4)A person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been used at home.
(5)This section applies for the purposes of this Act.
Commencement Information
I1S. 2 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))
I2S. 2 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))
I3S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(a), 4 (with art. 1(4))
I4S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(a) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)
I5S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(a) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)
I6S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(a) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)
I7S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(a) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)
I8S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(a)
I9S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(a) (with arts. 2, 4-18)
I10S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))
I11S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(a), 3
I12S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(a) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)
I13S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(a), 4
3Additional learning provisionE+W
(1)“Additional learning provision” for a person aged three or over means educational or training provision that is additional to, or different from, that made generally for others of the same age in—
(a)mainstream maintained schools in Wales,
(b)mainstream institutions in the further education sector in Wales, or
(c)places in Wales at which nursery education is provided.
(2)“Additional learning provision” for a child aged under three means educational provision of any kind.
(3)In subsection (1), “nursery education” means education suitable for a child who has attained the age of three but is under compulsory school age.
(4)Regulations may amend this section to replace the references to the age of three with references to a different age.
(5)This section applies for the purposes of this Act.
Commencement Information
I14S. 3 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))
I15S. 3 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))
I16S. 3 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(a) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)
I17S. 3 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(a) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)
I18S. 3 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(a), 4 (with art. 1(4))
I19S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(a), 4
I20S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(a) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)
I21S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(a)
I22S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))
I23S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(a) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)
I24S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(a), 3
I25S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(a) (with arts. 2, 4-18)
I26S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(a) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)
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