The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 11) Order 2022.

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;

• “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 84 of the 1996 Act;

• “a child educated other than at school” (“plentyn a addysgir ac eithrio yn yr ysgol”) means a child for whom a local authority in Wales has made arrangements for the provision of education otherwise than at school who is within the authority’s area and—

  1. a

     is of compulsory school age, and

  2. b

     by reason of illness, exclusion from school or otherwise, may not receive suitable education for a period unless such arrangements are made for the child;

• “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)5 of the 2014 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)6 of the 1996 Act;

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

  1. i

     section 312(2)7 of the 1996 Act 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 school in England,

  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 school in England;

• “local authority” (“awdurdod lleol”) has the same meaning as in section 5798 of the 1996 Act;

• “looked after child” (“plentyn sy’n derbyn gofal”) has the same meaning as 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”) has the same meaning as in section 99 of the Act;

• “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 4349 of the 1996 Act;

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

  1. i

     section 312(4)10 of the 1996 Act 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. 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 Wales11;

• “Tribunal Rules” (“Rheolau’r Tribiwnlys”) means Special Educational Needs Tribunal for Wales Regulations 201212.

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.