Title and interpretation

1.—(1) The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 10) Order 2022.

(2) In this Order—

“ 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 8( 2) of the Education Act 1996( 3);

“ young person” (“ person ifanc”) means a person who is over compulsory school age on 1 September 2022.

Commencement

2.  The following provisions of the Act come into force on 1 September 2025 in relation to a young person—

(a) sections 2 to 4;

(b) sections 6 to 14;

(c) sections 17 to 36;

(d) section 38;

(e) sections 40 to 44;

(f) sections 47 to 49;

(g) section 50(1) for the purposes of the provisions in paragraph (h);

(h) section 50(4) and (5);

(i) sections 51 to 53;

(j) section 55;

(k) section 59;

(l) sections 63 to 66;

(m) sections 68 and 69;

(n) section 96 for the purposes of the provisions in paragraph (o);

(o) in the Schedule—

(i) paragraph 1;

(ii) paragraph 4(1) for the purposes of the provisions in sub-paragraphs (iii) to (xi);

(iii) paragraph 4(2) to 4(6);

(iv) paragraph 4(7) to the extent that the paragraph has not been repealed in relation to the young person( 4);

(v) paragraph 4(8) and (9);

(vi) paragraph 4(10);

(vii) paragraph 4(13) to 4(18);

(viii) paragraph 4(19) (b);

(ix) paragraph 4(20) and 4(21);

(x) paragraph 4(23) to 4(29);

(xi) paragraph 4(32) (a) (i) and (ii) and paragraph 4(32) (b);

(xii) paragraph 7;

(xiii) paragraph 8;

(xiv) paragraph 11(a);

(xv) paragraph 12(a);

(xvi) paragraph 14(1) for the purposes of the provisions in sub-paragraph (xvii);

(xvii) paragraph 14(2) and (3);

(xviii) paragraph 19(1) for the purpose of the provision in sub-paragraph (xix);

(xix) paragraph 19(5) (e) (ii);

(xx) paragraph 21(1) for the purposes of the provisions in sub-paragraph (xxi);

(xxi) paragraph 21(2) (a) (i) and (2) (b) (ii);

(xxii) paragraph 22;

(xxiii) paragraph 23(1) for the purpose of the provision in sub-paragraph (xxiv);

(xxiv) paragraph 23(4);

(xxv) paragraph 24(1) for the purposes of the provisions in sub-paragraph (xxvi);

(xxvi) paragraph 24(3) and (6) (a).

3.  Sections 40 to 44 of the Act come into force on 1 September 2022 in relation to a young person.

4.  The provisions of the Act listed in paragraphs (a) to (o) of article 2 come into force on 1 September 2022 in relation to a young person for whom an individual development plan—

(a) is being prepared under section 40 or kept under section 42 of the Act; or

(b) is being prepared or maintained under section 14 of the Act as a result of regulation 23 of the Additional Learning Needs (Wales) Regulations 2021( 5).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“ the Act”).

The Act establishes a statutory framework for supporting children and young people with additional learning needs. This replaces the legislation surrounding special educational needs and the assessment of children and young people with learning difficulties, and in particular, transfers the responsibility for securing educational provision for those with additional learning needs who are over compulsory school age from the Welsh Ministers to the relevant local authority.

The provisions listed in article 2 come into force on 1 September 2025 in relation to those who are over compulsory school age on 1 September 2022.

Sections 40 to 44 of the Act (additional learning provision for detained persons) come into force on 1 September 2022 for those who are over compulsory school age on 1 September 2022 (article 3).

The provisions listed in paragraphs (a) to (o) of article 2 come into force on 1 September 2022 for persons in relation to whom an individual development plan is being prepared or kept under section 40 or 42 of the Act, or prepared or maintained under section 14 of the Act as a result of regulation 23 of the Additional Learning Needs (Wales) Regulations 2021 (article 4).

NOTE AS TO EARLIER COMMENCMENT ORDERS

The following provisions of the Act have been brought into force by Commencement Orders made before the date of this Order( 6):