The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 14 and Transitional and Saving Provisions) Order 2022

Children who become young persons before the new law applies E+W

21.—(1) Paragraph (2) applies to a child who had identified special educational needs on 1 September 2022.

(2) A duty in paragraph (3) or a power in paragraph (4) does not apply when a person ceases to be of compulsory school age.

(3) The duties referred to in paragraph (2) are—

(a) the duty to give a parent an IDP notice or a No IDP notice in articles 9(2)[F1 , 9A(2),] and 10(2);

(b) the duty to give a notice following a request by a parent under article 11;

(c) the duty to give a parent a copy of the individual development plan within 12 weeks in article 12(1).

(4) The powers referred to in paragraph (2) are—

(a) the power for a parent to request an IDP notice or a No IDP notice in article 11;

(b) the power to give a parent an ALN notice in article 13.

(5) Where paragraph (2) applies in relation to a duty in paragraph (3)(a) or (b), the first reference to a child’s parent in article 5 is to be read as if it were omitted.

(6) Where paragraph (2) applies in relation to a duty in paragraph (3)(a) or (b), the first reference to a child’s parent in article 6 is to be read as if it were omitted.

Textual Amendments

F1 Word in art. 21(3)(a) inserted (21.8.2023) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Amendment of Commencement Orders No. 5, No. 6, No. 8, No. 13 and No. 14) Order 2023 (S.I. 2023/932), art. 6(9)

Commencement Information

I1 Art. 21 in force at made date