Title and interpretationI11

1

The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 7) Order 2021.

2

In this Order—

  • “the 1996 Act” (“Deddf 1996”) means the Education Act 19962;

  • “the 2014 Act” (“Deddf 2014”) means the Children and Families Act 20143;

  • “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 84 of the 1996 Act;

  • “EHC plan” (“cynllun AIG”) has the same meaning as in section 37(2) of the 2014 Act;

  • “EHC needs assessment” (“asesiad o anghenion AIG”) has the same meaning as in section 36(2) of the 2014 Act;

  • “in the area of a local authority in England” (“yn ardal awdurdod lleol yn Lloegr”) has the same meaning as in section 579(3A) of the 1996 Act;

  • “in the area of a local authority in Wales” (“yn ardal awdurdod lleol yng Nghymru”) has the same meaning as in section 579(3B) of the 1996 Act;

  • “learning difficulty” (“anhawster dysgu”) has the same meaning as in—

    1. i

      section 312(2) of the 1996 Act—

      1. aa

        in relation to a child in the area of a local authority in Wales but not a child who is a registered pupil at a mainstream school in England,

      2. bb

        in relation to a child in the area of a local authority in England who is a registered pupil at a maintained school in Wales, as if “in the area of a local authority in Wales” were omitted,

    2. ii

      section 20 of the 2014 Act in relation to a child in the area of a local authority in Wales who is a registered pupil at a mainstream school in England;

  • “local authority” (“awdurdod lleol”) has the same meaning as in section 579 of the 1996 Act;

  • “mainstream school” (“ysgol brif ffrwd”) has the same meaning as in section 83(2) of the 2014 Act;

  • “maintained school” (“ysgol a gynhelir”) means any community, foundation or voluntary school or any community special school not established in a hospital within the meaning of the School Standards and Framework Act 19985;

  • “proprietor” (“perchennog”) has the same meaning as in section 579 of the 1996 Act;

  • “registered pupil” (“disgybl cofrestredig”) has the same meaning as in section 434 of the 1996 Act;

  • “school year” (“blwyddyn ysgol”) has the same meaning as in section 5796of the 1996 Act;

  • “special educational provision” (“darpariaeth addysgol arbennig”) has the same meaning as in—

    1. i

      section 312(4) of the 1996 Act—

      1. aa

        in relation to a child in the area of a local authority in Wales but not a child who is a registered pupil at a mainstream school in England,

      2. bb

        in relation to a child in the area of a local authority in England who is a registered pupil at a maintained school in Wales as if “in relation to a child in the area of a local authority in Wales” were omitted,

    2. ii

      section 21 of the 2014 Act in relation to a child in the area of a local authority in Wales who is a registered pupil at a mainstream school in England;

  • “year 11” (“blwyddyn 11”) means a year group in which the majority of children will, in the school year, attain the age of 16;

  • “year group” (“grŵpblwyddyn”) means a group of children at a school the majority of whom will, in a particular school year, attain the same age;

  • “Tribunal” (“Tribiwnlys”) means the Education Tribunal for Wales7;

  • “Tribunal Rules” (“Rheolau’r Tribiwnlys”) means Special Educational Needs Tribunal for Wales Regulations 20128.

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.

4

This Order does not apply to a person in relation to whom provisions of the Act were commenced by the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 2) Order 20219.