SCHEDULE 1MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
Education Act 1996 (c. 56)
4
I127I2I80I101I100I39I81I55I32I3I12I130I9I311
The Education Act 1996 is amended as follows.
I127I2I96I42I121I86I133I116I76I59I88I18I202
In section 7 (duty of parents to secure education of children of compulsory school age), in paragraph (b), after “special educational needs” insert “
(in the case of a child who is in the area of a local authority in England) or additional learning needs (in the case of a child who is in the area of a local authority in Wales)
”
.
I127I2I96I42I121I86I133I116I76I59I88I18I203
In section 14 (functions in respect of provision of primary and secondary schools)—
a
in subsection (4B), for “special educational needs” substitute “
additional learning needs
”
;
b
in subsection (6)(b), after “needs” insert “
(in the case of a local authority in England) or the need for securing that additional learning provision is made for pupils who have additional learning needs (in the case of a local authority in Wales)
”
.
I127I2I96I42I121I86I133I116I76I59I88I18I204
In section 15A (powers in respect of education and training), in subsection (3), in paragraph (b), for “learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “
additional learning needs
”
.
I127I2I96I42I121I86I133I116I76I59I88I18I205
In section 15B (functions in respect of education for persons over 19), in subsection (3), in paragraph (b), for “learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “
additional learning needs
”
.
F2I127I2I96I42I121I86I133I116I76I59I88I18I206
In section 18A (provision of education for persons subject to youth detention), in subsection (2)—
a
in paragraph (b), at the beginning, insert “ in the case of a local authority in England, ”;
b
in paragraph (bb), for “any learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ any additional learning needs ”.
F1I127I2I96I42I121I105I79I48I14I124I15I109I1297
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I127I2I96I42I121I114I49I47I128I91I65I107I458
In section 29 (provision of information by local authorities), after subsection (4) insert—
4A
In subsection (4) as it applies in relation to the Welsh Ministers, the reference to special educational needs is to be interpreted as a reference to additional learning needs.
I127I2I54I61I90I102I114I49I47I128I91I65I107I459
Chapter 1 of Part 4 (children in Wales with special educational needs) is repealed.
I127I2I50I41I94I114I118I104I82I11I36I19I3510
In section 337 (special schools)—
a
the current provisions become subsection (1);
b
in subsection (1), after “A school” insert “
in England
”
;
c
after subsection (1) insert—
2
A school in Wales is a special school if it is specially organised to make additional learning provision for pupils with additional learning needs and it is maintained by a local authority.
11
Omit section 348 (provision of special education at non-maintained schools).
I5212
In section 349 (variation of trust deeds etc. by order)—
a
in subsection (1)—
i
for “appropriate national authority” substitute “
Secretary of State
”
;
ii
for “it” substitute “
the Secretary of State
”
;
b
omit subsection (1A).
I115I25I23I95I125I93I131I43I112I40I69I110I12613
In section 436A (duty to make arrangements to identify children not receiving education), in subsection (3), after “any special educational needs he may have” insert “
(in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales)
”
.
I115I25I23I95I125I93I131I43I112I40I69I110I12614
In section 438 (choice of school: child without plan or statement)—
a
in subsection (1), for “a statement under section 324” substitute “
a child for whom an individual development plan is maintained in which a particular school is named
”
;
b
in subsection (6), in paragraph (c), for “to any special educational needs he may have” substitute
—
i
(in the case of a local authority in England) any special educational needs the child may have, or
ii
(in the case of a local authority in Wales) any additional learning needs the child may have
c
in the heading, for “or statement of special educational needs” substitute “
, or an individual development plan which names a school
”
.
I115I25I23I95I125I93I131I43I112I40I69I110I12615
In section 440 (amendment of order at request of parent: child without plan or statement)—
a
in subsection (1), for “a statement under section 324” substitute “
a child for whom an individual development plan is maintained in which a particular school is named
”
;
b
in subsection (4), in paragraph (b), for “to any special educational needs he may have” substitute
—
i
(in the case of a local authority in England) any special educational needs the child may have, or
ii
(in the case of a local authority in Wales) any additional learning needs the child may have
c
in the heading, for “or statement of special educational needs” substitute “
, or an individual development plan which names a school
”
.
I115I25I23I95I125I93I131I43I112I40I69I110I12616
In section 441 (choice of school: child with plan or statement)—
a
in subsection (1)—
i
after “where a local authority” insert “
in England
”
;
ii
omit “(in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales)”;
b
in subsection (2), omit “or statement”;
c
in subsection (3)—
i
in the opening words, omit “or statement”;
ii
in paragraph (a), omit “or the statement”;
d
omit subsection (3A);
e
in subsection (4)—
i
in paragraph (a), omit “or a statement under section 324”;
ii
in paragraph (b), omit “or statement”;
f
in the heading, omit “or statement of special educational needs”.
I115I25I23I95I125I93I131I43I112I40I69I110I12617
After section 441 insert—
441AChoice of school: child with individual development plan which names a school
1
Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order.
2
Where—
a
a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and
b
the name of the school specified in the plan is changed,
the local authority must amend the order accordingly.
3
Where—
a
a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and
b
an individual development plan in which a particular school is named begins to be maintained for the child,
the local authority must amend the order accordingly.
I115I25I23I95I125I93I131I43I112I40I69I110I12618
In section 442 (revocation of order at request of parent)—
a
in subsection (5)—
i
in the opening words, omit “or a statement under section 324 (in the case of a local authority in Wales)”;
ii
in paragraph (a), omit “or the statement”;
iii
in paragraph (b), omit “or the statement”;
b
after subsection (5) insert—
6
Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority—
a
subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and
b
in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination.
19
In section 458 (charges for board and lodging at boarding schools)—
I37a
in subsection (1), after “(5)” insert “
and section 49 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018
”
;
I4I56I103I92I6I66I77I22I83I60I71I17I7320
In section 463 (meaning of “independent school”), in subsection (1), in paragraph (b), for “is maintained or for whom a statement is maintained under section 324” substitute “
or an individual development plan is maintained
”
.
I4I56I103I92I6I66I77I22I83I60I71I17I7321
In section 483A (city colleges and academies: special educational needs)—
a
in subsection (1), omit “if the condition in subsection (3) is satisfied”;
b
in subsection (2), in paragraph (a), for “or a statement under section 324 is maintained” substitute “
is maintained by a local authority in England, or for whom an individual development plan is maintained by a local authority in Wales
”
;
c
omit subsection (3);
d
in subsection (4)—
i
in paragraph (a), for “the plan or the statement” substitute “
the EHC plan, or for making the additional learning provision specified in the individual development plan (as the case may be)
”
;
ii
in paragraph (b), for “the plan or the statement” substitute “
the EHC plan or the individual development plan
”
;
e
in the heading, after “needs” insert “
and additional learning needs
”
.
I722
In section 510 (provision of clothing), in subsection (2), after “special educational provision” insert “
or additional learning provision (as the case may be)
”
.
I30I28I111I13I122I63I78I33I1I67I84I46I5823
In section 514 (provision of board and lodging otherwise than at a school)—
a
in subsection (2), after “local authority” insert “
in England
”
;
b
at the end, insert—
8
In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.
I30I28I111I13I122I63I78I33I1I67I84I46I5824
In section 517 (payment of fees at schools not maintained by a local authority)—
a
in subsection (1), omit “, Part 4 (special educational needs)”;
b
in subsection (6), omit paragraph (e);
c
at the end, insert—
8
In this section as it applies where a local authority in Wales makes arrangements under section 18 for primary or secondary education to be provided for a pupil at a school not maintained by a local authority—
a
references to special educational needs are to be interpreted as references to additional learning needs, and
b
references to special educational provision are to be interpreted as references to additional learning provision.
9
Subsection (5) does not apply where board and lodging is secured for a pupil under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
I30I28I111I13I122I63I78I33I1I67I84I46I5825
Omit section 562C (detained person with statement of special educational needs).
I30I28I111I13I122I63I78I33I1I67I84I46I5826
Omit section 562D (appropriate special educational provision: arrangements between local authorities).
I30I28I111I13I122I63I78I33I1I67I84I46I5827
In section 562F (provision of information about detained persons), omit subsections (5) and (6).
I30I28I111I13I122I63I78I33I1I67I84I46I5828
Omit section 562G (information about detained person to be provided where statement of special educational needs previously maintained).
I30I28I111I13I122I63I78I33I1I67I84I46I5829
Omit section 562H (release of detained person appearing to host authority to require assessment).
30
In section 569 (regulations)—
a
in subsection (2B)—
i
omit “332ZC, 332AA, 332BA, 332BB, 336,”;
I16ii
for “or 444B” substitute “
, 444B or (unless subsection (2BA) applies) Chapter 5A
”
;
I119b
after subsection (2B), insert—
2BA
A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.
2BB
A statutory instrument which contains (whether alone or with other provision) regulations under section 579(3C) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.
c
omit subsections (5) and (6).
I11731
Omit section 569A (regulations made by the Welsh Ministers under Chapter 5A).
32
In section 579 (general interpretation)—
a
in subsection (1)—
I24I108I120I106I70I89I85I62I27I29I97I75I123i
in the definition of “special educational needs”, omit paragraph (b);
I10iii
insert the following definitions at the appropriate places—
“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
“additional learning provision” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
“individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
33
In section 580 (index)—
I57a
insert the following entries in the appropriate places—
additional learning needs
section 579(1)
additional learning provision
section 579(1)
individual development plan
section 579(1)
I38b
omit the following entries—
the appropriate national authority (in Chapter 2 of Part 4)
section 337A
the chairmen's panel (in Part IV)
section 333(2)
child for whom a local authority are responsible (in Part IV)
section 321(3)
the lay panel (in Part IV)
section 333(2)
learning difficulty (in relation to a child in the area of a local authority in Wales)
section 312(2) and (3) (subject to subsection (3A))
the President (in Part IV)
section 333(2)
responsible for a child (in Part IV in relation to a local authority)
section 321(3)
subject to learning difficulty assessment
section 579(1)
the Tribunal (in Part IV) (in Chapter 1 of Part 4)
section 313(5)
c
in the entries for “Child”, omit the entry for “(in Part IV)”;
I26d
in the entry for “grant maintained special school”, for “sections 337(4) and” substitute “
section
”
;
I26e
in the entries for “incorporation date”, omit the entry for “(in Part IV)”;
f
in the entries for “maintained school”, omit the entry for “(in Part IV)”;
I132g
in the entry for “maintained special school”, for “, 33(1) and 337(3)” substitute “
and 33(1)
”
.
34
In Schedule 36A (education functions), in paragraph 2, in the entry for the Learning and Skills Act 2000, omit the entry for section 140(5).