The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 14 and Transitional and Saving Provisions) 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;

• “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,

  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, and

  3. c

     is not a registered pupil at a maintained school;

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

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

• “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)4 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)5 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)6 of the 1996 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;

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

  1. a

     section 312(2)7 of the 1996 Act—

     1. i

        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

        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,

  2. b

     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 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;

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

• “nursery education” (“addysg feithrin”) has the same meaning as in section 117 of the School Standards and Framework Act 19989;

• “parent” (“rhiant”) has the same meaning as in section 57610 of the 1996 Act;

• “reception class” (“dosbarth derbyn”) means a year group in which the majority of children will, in the school year, attain the age of 5;

• “registered pupil” (“disgybl cofrestredig”) has the same meaning as in section 43411 of the 1996 Act;

• “school year” (“blwyddyn ysgol”) has the same meaning as in section 57912 of the 1996 Act;

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

  1. a

     section 312(4)13 of the 1996 Act—

     1. i

        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

        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. b

     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 Wales14;

• “Tribunal Rules” (“Rheolau’r Tribiwnlys”) means Special Educational Needs Tribunal for Wales Regulations 201215;

• “year 2” (“blwyddyn 2”) means a year group in which the majority of children will, in the school year, attain the age of 7;

• “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 6” (“blwyddyn 6”) means a year group in which the majority of children will, in the school year, attain the age of 11;

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

• “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” (“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.

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. 5 and Transitional and Saving Provisions) Order 202116 or the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 6 and Transitional and Saving Provisions) Order 202117.