The Additional Learning Needs (Wales) Regulations 2021
PART 1GENERAL
1Title, commencement and revocation
2General interpretation
3Giving notice etc. under these Regulations
4Giving notice etc. under Part 2 of the 2018 Act: amendment of section 88
PART 2INDIVIDUAL DEVELOPMENT PLANS
5Categories of looked after child prescribed under section 15 of the 2018 Act
Local authority decisions on necessity of individual development plans for young people
6Interpretation of regulations 6 to 9 and Schedule 1
7Potential programme of study
8Necessity of a plan: programmes of study at maintained schools and further education institutions in Wales and certain institutions in England
9Other cases: reasonable needs for education or training and necessity of an individual development plan
10Notification of decision under section 14(1)(c)(ii) of the 2018 Act that plan not necessary
Time limits for section 20 referrals and requesting reconsideration of decision to cease to maintain plans
11Time limit for NHS body responding to section 20 referral
12Time limit for requesting reconsideration of decision to cease to maintain plan
Transfer of responsibility for individual development plans
13Local authority request to transfer plan to governing body of further education institution
14Local authority referral to the Welsh Ministers to determine whether governing body of further education institution should maintain plan
15Giving copies of individual development plans in transfer situations
16Review periods where child has become looked after or child or young person has ceased to be looked after
17Securing other provision where transfer of responsibility for plan
Detained persons
18Necessity of individual development plan for detained person upon release
19Amendments to section 44 of the 2018 Act
Detention under Part 3 of Mental Health Act 1983; application of 2018 Act
20Interpretation of regulations 20 to 25 and Schedule 2
21Relevant local authority
22Child or young person with individual development plan prior to detention in hospital
23Child or young person without individual development plan prior to detention in hospital
24Release of child or young person detained in hospital
25Child or young person transfers from hospital detention to detention in relevant youth accommodation
PART 3SUPPLEMENTARY FUNCTIONS
Additional learning needs co-ordinator
26Interpretation of regulations 26 to 30
27Prescribed qualification or experience of an additional learning needs co-ordinator at a school
28Prescribed qualification of an additional learning needs co-ordinator at an institution in the further education sector
29Additional learning needs co-ordinator functions at a school
30Additional learning needs co-ordinator functions at an institution in the further education sector
Time limit for complying with section 65 request
31Time limit for complying with local authority request for information or other help
Goods and services
32Provision of goods or services in relation to additional learning provision
Arrangements for the avoidance and resolution of disputes and independent advocacy services for detained persons
33Amendment to section 68 of the 2018 Act
PART 4PARENTS AND YOUNG PEOPLE LACKING CAPACITY
34Interpretation of this Part
35When a child’s parent lacks capacity
36When a parent of a child who is a detained person lacks capacity
37When a young person lacks capacity
38When a detained person who is a young person lacks capacity
39Arrangements for avoidance and resolution of disagreements under section 68 of the 2018 Act
40Independent advocacy services under section 69 of the 2018 Act
41Representation in appeals
42Mental Capacity Act 2005
SCHEDULE 1REASONABLE NEEDS FOR EDUCATION OR TRAINING
1Suitable programme of study
2Additional factors where young person on programme of study
3Programme of study intended to last for more than 2 years
4Extension to a programme of study
5Additional programme of study
6Other exceptional circumstances
SCHEDULE 2APPLICATION WITH MODIFICATIONS OF THE 2018 ACT IN RELATION TO PERSONS DETAINED IN HOSPITAL UNDER PART 3 OF THE 1983 ACT
1(1) The powers and duties conferred or imposed on a...

2021 No. 401 (W. 130)

Education, Wales

The Additional Learning Needs (Wales) Regulations 2021

Made

Coming into force

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 15(2), 21(10), 32(1)(b), 36(3), 37(1)(a) and (b), 45, 46, 60(4), 65(5), 67, 82, 83, 97 and 98(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 20181.

In accordance with section 98(3) of that Act, a draft of these Regulations was laid before, and approved by a resolution of, Senedd Cymru2.