SCHEDULE 1MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

Education Act 1996 (c. 56)

4

I3I6I17I43I49I551

The Education Act 1996 is amended as follows.

I3I6I34I37I402

In section 7 (duty of parents to secure education of children of compulsory school age), in paragraph (b), after “special educational needs” insert “ (in the case of a child who is in the area of a local authority in England) or additional learning needs (in the case of a child who is in the area of a local authority in Wales) ”.

I3I6I34I37I403

In section 14 (functions in respect of provision of primary and secondary schools)—

a

in subsection (4B), for “special educational needs” substitute “ additional learning needs ”;

b

in subsection (6)(b), after “needs” insert “ (in the case of a local authority in England) or the need for securing that additional learning provision is made for pupils who have additional learning needs (in the case of a local authority in Wales) ”.

I3I6I34I37I404

In section 15A (powers in respect of education and training), in subsection (3), in paragraph (b), for “learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ additional learning needs ”.

I3I6I34I37I405

In section 15B (functions in respect of education for persons over 19), in subsection (3), in paragraph (b), for “learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ additional learning needs ”.

I3I6I34I37I406

In section 18A (provision of education for persons subject to youth detention), in subsection (2)—

a

in paragraph (b), at the beginning, insert “ in the case of a local authority in England, ”;

b

in paragraph (bb), for “any learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ any additional learning needs ”.

F2I3I6I34I37I407

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3I6I34I37I408

In section 29 (provision of information by local authorities), after subsection (4) insert—

4A

In subsection (4) as it applies in relation to the Welsh Ministers, the reference to special educational needs is to be interpreted as a reference to additional learning needs.

I3I6I18I56I50I449

Chapter 1 of Part 4 (children in Wales with special educational needs) is repealed.

I3I6I51I45I5710

In section 337 (special schools)—

a

the current provisions become subsection (1);

b

in subsection (1), after “A school” insert “ in England ”;

c

after subsection (1) insert—

2

A school in Wales is a special school if it is specially organised to make additional learning provision for pupils with additional learning needs and it is maintained by a local authority.

11

Omit section 348 (provision of special education at non-maintained schools).

I1912

In section 349 (variation of trust deeds etc. by order)—

a

in subsection (1)—

i

for “appropriate national authority” substitute “ Secretary of State ”;

ii

for “it” substitute “ the Secretary of State ”;

b

omit subsection (1A).

I4I7I38I35I4113

In section 436A (duty to make arrangements to identify children not receiving education), in subsection (3), after “any special educational needs he may have” insert “ (in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales) ”.

I4I7I38I35I4114

In section 438 (choice of school: child without plan or statement)—

a

in subsection (1), for “a statement under section 324” substitute “ a child for whom an individual development plan is maintained in which a particular school is named ”;

b

in subsection (6), in paragraph (c), for “to any special educational needs he may have” substitute

—

i

(in the case of a local authority in England) any special educational needs the child may have, or

ii

(in the case of a local authority in Wales) any additional learning needs the child may have

c

in the heading, for “or statement of special educational needs” substitute “ , or an individual development plan which names a school ”.

I4I7I38I35I4115

In section 440 (amendment of order at request of parent: child without plan or statement)⁠—

a

in subsection (1), for “a statement under section 324” substitute “ a child for whom an individual development plan is maintained in which a particular school is named ”;

b

in subsection (4), in paragraph (b), for “to any special educational needs he may have” substitute

—

i

(in the case of a local authority in England) any special educational needs the child may have, or

ii

(in the case of a local authority in Wales) any additional learning needs the child may have

c

in the heading, for “or statement of special educational needs” substitute “ , or an individual development plan which names a school ”.

I4I7I38I35I4116

In section 441 (choice of school: child with plan or statement)—

a

in subsection (1)—

i

after “where a local authority” insert “ in England ”;

ii

omit “(in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales)”;

b

in subsection (2), omit “or statement”;

c

in subsection (3)—

i

in the opening words, omit “or statement”;

ii

in paragraph (a), omit “or the statement”;

d

omit subsection (3A);

e

in subsection (4)—

i

in paragraph (a), omit “or a statement under section 324”;

ii

in paragraph (b), omit “or statement”;

f

in the heading, omit “or statement of special educational needs”.

I4I7I38I35I4117

After section 441 insert—

441AChoice of school: child with individual development plan which names a school

1

Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order.

2

Where—

a

a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and

b

the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

3

Where—

a

a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and

b

an individual development plan in which a particular school is named begins to be maintained for the child,

the local authority must amend the order accordingly.

I4I7I38I35I4118

In section 442 (revocation of order at request of parent)—

a

in subsection (5)—

i

in the opening words, omit “or a statement under section 324 (in the case of a local authority in Wales)”;

ii

in paragraph (a), omit “or the statement”;

iii

in paragraph (b), omit “or the statement”;

b

after subsection (5) insert—

6

Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority—

a

subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and

b

in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination.

19

In section 458 (charges for board and lodging at boarding schools)—

I20a

in subsection (1), after “(5)” insert “ and section 49 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ”;

I9I13I46I58I52b

at the end, insert—

6

In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.

I10I14I47I53I5920

In section 463 (meaning of “independent school”), in subsection (1), in paragraph (b), for “is maintained or for whom a statement is maintained under section 324” substitute “ or an individual development plan is maintained ”.

I10I14I47I53I5921

In section 483A (city colleges and academies: special educational needs)—

a

in subsection (1), omit “if the condition in subsection (3) is satisfied”;

b

in subsection (2), in paragraph (a), for “or a statement under section 324 is maintained” substitute “ is maintained by a local authority in England, or for whom an individual development plan is maintained by a local authority in Wales ”;

c

omit subsection (3);

d

in subsection (4)—

i

in paragraph (a), for “the plan or the statement” substitute “ the EHC plan, or for making the additional learning provision specified in the individual development plan (as the case may be) ”;

ii

in paragraph (b), for “the plan or the statement” substitute “ the EHC plan or the individual development plan ”;

e

in the heading, after “needs” insert “ and additional learning needs ”.

I2122

In section 510 (provision of clothing), in subsection (2), after “special educational provision” insert “ or additional learning provision (as the case may be) ”.

I5I8I39I42I3623

In section 514 (provision of board and lodging otherwise than at a school)—

a

in subsection (2), after “local authority” insert “ in England ”;

b

at the end, insert—

8

In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.

I5I8I39I42I3624

In section 517 (payment of fees at schools not maintained by a local authority)—

a

in subsection (1), omit “, Part 4 (special educational needs)”;

b

in subsection (6), omit paragraph (e);

c

at the end, insert—

8

In this section as it applies where a local authority in Wales makes arrangements under section 18 for primary or secondary education to be provided for a pupil at a school not maintained by a local authority⁠—

a

references to special educational needs are to be interpreted as references to additional learning needs, and

b

references to special educational provision are to be interpreted as references to additional learning provision.

9

Subsection (5) does not apply where board and lodging is secured for a pupil under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

I5I8I39I42I3625

Omit section 562C (detained person with statement of special educational needs).

I5I8I39I42I3626

Omit section 562D (appropriate special educational provision: arrangements between local authorities).

I5I8I39I42I3627

In section 562F (provision of information about detained persons), omit subsections (5) and (6).

I5I8I39I42I3628

Omit section 562G (information about detained person to be provided where statement of special educational needs previously maintained).

I5I8I39I42I3629

Omit section 562H (release of detained person appearing to host authority to require assessment).

30

In section 569 (regulations)—

a

in subsection (2B)—

i

omit “332ZC, 332AA, 332BA, 332BB, 336,”;

I22ii

for “or 444B” substitute “ , 444B or (unless subsection (2BA) applies) Chapter 5A ”;

I2b

after subsection (2B), insert—

2BA

A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

2BB

A statutory instrument which contains (whether alone or with other provision) regulations under section 579(3C) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

c

omit subsections (5) and (6).

I2331

Omit section 569A (regulations made by the Welsh Ministers under Chapter 5A).

32

In section 579 (general interpretation)—

a

in subsection (1)—

I11I15I48I54I60i

in the definition of “special educational needs”, omit paragraph (b);

I11I15ii

in the definition of “special educational provision”, omit paragraph (b);

I24iii

insert the following definitions at the appropriate places—

  • “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“additional learning provision” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

I12I16b

omit subsection (1A).

33

In section 580 (index)—

I25a

insert the following entries in the appropriate places—

additional learning needs

section 579(1)

additional learning provision

section 579(1)

individual development plan

section 579(1)

I26b

omit the following entries—

the appropriate national authority (in Chapter 2 of Part 4)

section 337A

the chairmen's panel (in Part IV)

section 333(2)

child for whom a local authority are responsible (in Part IV)

section 321(3)

the lay panel (in Part IV)

section 333(2)

learning difficulty (in relation to a child in the area of a local authority in Wales)

section 312(2) and (3) (subject to subsection (3A))

the President (in Part IV)

section 333(2)

responsible for a child (in Part IV in relation to a local authority)

section 321(3)

subject to learning difficulty assessment

section 579(1)

the Tribunal (in Part IV) (in Chapter 1 of Part 4)

section 313(5)

c

in the entries for “Child”, omit the entry for “(in Part IV)”;

I27d

in the entry for “grant maintained special school”, for “sections 337(4) and” substitute “ section ”;

I27e

in the entries for “incorporation date”, omit the entry for “(in Part IV)”;

f

in the entries for “maintained school”, omit the entry for “(in Part IV)”;

I28g

in the entry for “maintained special school”, for “, 33(1) and 337(3)” substitute “ and 33(1) ”.

34

In Schedule 36A (education functions), in paragraph 2, in the entry for the Learning and Skills Act 2000, omit the entry for section 140(5).

F15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In consequence of the amendments made by paragraphs 4 and 5—

a

in Schedule 7 to the Education Act 1997 (c. 44) (minor and consequential amendments), omit paragraphs 23 and 24;

b

in Schedule 30 to the School Standards and Framework Act 1998 (c. 31) (minor and consequential amendments), omit paragraphs 71 to 79, 81, 84 and 186;

c

in the Special Educational Needs and Disability Act 2001 (c. 10)—

i

Part 1 (special educational needs) is repealed;

ii

in Part 1 of Schedule 8 (minor and consequential amendments: the 1996 Act), omit paragraphs 3, 6 to 11, 13, 14 and 15(3);

d

in the Education Act 2002 (c. 32)—

i

omit section 173 (right of access of local authority);

ii

omit section 194(2) (local authorities' powers to make regional provision);

iii

in Part 2 of Schedule 7 (Academies: supplementary), omit paragraph 6(3);

iv

in Schedule 18 (Special Educational Needs Tribunal for Wales) omit paragraphs 1 to 3, 6, 15, 17 (and the cross-heading that precedes it) and 18;

I29v

in Schedule 18, in paragraph 13, for “Special Educational Needs Tribunal for Wales under section 333(2) of the Education Act 1996 (c 56)” substitute “ Education Tribunal for Wales under section 91(5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ”;

vi

in Schedule 21 (minor and consequential amendments) omit paragraphs 36 to 44 and 58;

e

in Schedule 4 to the Health and Social Care (Community Health and Standards Act 2003 (c. 43) (amendments relating to NHS foundation trusts), omit paragraph 104 (and the cross-heading which precedes it) and paragraph 105;

I30f

in Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4), omit paragraph 259;

I30g

in Part 1 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (amendments relating to judicial appointments), omit paragraph 28;

h

in Schedule 18 to the Education Act 2005 (c. 18) (miscellaneous amendments), omit paragraph 2;

i

in Schedule 2 to the Childcare Act 2006 (c. 21) (minor and consequential amendments), omit paragraph 22;

j

in the Education and Inspections Act 2006 (c. 40)—

I31i

omit section 173 (special educational needs co-ordinators);

ii

omit section 174 (time limits relating to statements of special educational needs);

k

in Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43) (consequential amendments) , omit paragraph 182;

l

in the Education and Skills Act 2008 (c. 25)—

I32i

in section 147 (approval of independent schools: consequential amendments), in subsection (2) omit paragraphs (a) and (b), and omit subsection (3);

ii

in Schedule 1 (amendments), omit paragraphs 7 and 10;

I32iii

in Schedule 1 (amendments), in paragraph 11, omit the following entry—

the appropriate national authority (in Chapter 2 of Part 4)

section 337A

m

in the Education (Wales) Measure 2009 (nawm 7)—

i

omit sections 1 to 7 (special education needs appeals);

ii

in the Schedule (minor and consequential amendments) omit paragraph 1 (and the heading which precedes it), and paragraphs 2 to 5;

n

in the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)—

i

omit section 52 (release from detention of child or young person with special educational needs);

I33ii

in Schedule 2 (local authority functions: minor and consequential amendments), omit paragraphs 6 and 11;

o

in Schedule 26 to the Equality Act 2010 (c. 15) (amendments), omit paragraphs 36 and 37;

p

in Schedule 13 to the Education Act 2011 (consequential amendments), in paragraph 9, omit sub-paragraphs (4) and (5);

q

in Schedule 5 to the Health and Social Care Act 2012 (c. 7) (amendments), omit paragraphs 78 and 79;

r

in Part 3 of Schedule 9 to the Crime and Courts Act 2013 (c. 22) (single county court: amendments), in paragraph 52(2) omit the entry for the Education Act 1996;

s

in Schedule 3 to the Children and Families Act 2014 (c. 6) (consequential amendments), omit paragraphs 9 to 35 and paragraphs 38, 41(2)(b) (and the “and” which precedes it), 42(d) (and accordingly place the “and” which precedes it after sub-paragraph (b)), 44(3) and (4), 55 to 58, 59(c) and 60(c) and (g);

I1t

omit paragraph 5.