The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 4 and Transitional and Saving Provisions) Order 2021.

In this Order—

• “the 1996 Act” (“Deddf 1996”) means the Education Act 1996 M1;

• “the 2014 Act” (“Deddf 2014”) means the Children and Families Act 2014 M2;

• “the Act” (“y Ddeddf ”) means the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

• “code” (“cod”) means a code on additional learning needs issued under section 4 of the Act;

• “child” (“plentyn”) means a person who is not over compulsory school age;

• “compulsory school age” (“oedran ysgol gorfodol”) has the same meaning as in section 8 of the 1996 Act;

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

• “EHC plan” (“cynllun AIG”) has the same meaning as in section 37(2) M3 of the 2014 Act;

• “individual development plan” (“cynllun datblygu unigol”) means a plan prepared and maintained under Chapter 2 of Part 2 of the Act;

• “institution in the further education sector” (“sefydliad yn y sector addysg bellach”) has the same meaning as in section 99 of the 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) M4 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) M5 of the 1996 Act;

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

  1. i

     section 312(2) M6 of the 1996 Act—

  2. 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,

  3. 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 “a child in the area of a local authority in Wales” were omitted,

  4. 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 M7 of the 1996 Act;

• “looked after child” (“plentyn sy'n derbyn gofal”) has the same meaning as a child looked after by a local authority in section 15 of the 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, maintained nursery school, or any community special school not established in a hospital within the meaning of the School Standards and Framework Act 1998 M8;

• “nursery class” (“dosbarth meithrin”) means a class of pupils who are provided with nursery education;

• “nursery education” (“addysg feithrin”) has the same meaning as in section 117 of the School Standards and Framework Act 1998;

• “parent” (“rhiant”) has the same meaning as in section 576 of the 1996 Act;

• “pupil referral unit” (“uned cyfeirio disgyblion”) has the same meaning as in section 19(2) M9 of the 1996 Act;

• “registered pupil” (“disgybl cofrestredig”) has the same meaning as in section 434 M10 of the 1996 Act;

• “school day” (“diwrnod ysgol”) has the same meaning as in section 579(1) of the 1996 Act;

• “school year” (“blwyddyn ysgol”) has the same meaning as in section 579 M11 of the 1996 Act;

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

  1. i

     section 312(4) M12 of the 1996 Act—

  2. 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,

  3. 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,

  4. 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;

• “Tribunal” (“Tribiwnlys”) means the Education Tribunal for Wales M13;

• “Tribunal Rules” (“Rheolau'r Tribiwnlys”) means Special Educational Needs Tribunal for Wales Regulations 2012 M14;

• “year 1” (“blwyddyn 1”) means a year group in which the majority of children will, in the school year, attain the age of 6;

• “year 3” (“blwyddyn 3”) means a year group in which the majority of children will, in the school year, attain the age of 8;

• “year 4” (“blwyddyn 4”) means a year group in which the majority of children will, in the school year, attain the age of 9;

• “year 5” (“blwyddyn 5”) means a year group in which the majority of children will, in the school year, attain the age of 10;

• “year 7” (“blwyddyn 7”) means a year group in which the majority of children will, in the school year, attain the age of 12;

• “year 8” (“blwyddyn 8”) means a year group in which the majority of children will, in the school year, attain the age of 13;

• “year 9” (“blwyddyn 9”) means a year group in which the majority of children will, in the school year, attain the age of 14;

• “year 10” (“blwyddyn 10”) means a year group in which the majority of children will, in the school year, attain the age of 15;

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

For the purposes of this Order, a local authority is responsible for a child if he or she is in the area of the authority.