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Additional Learning Needs and Education Tribunal (Wales) Act 2018, Section 64 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where a health body mentioned in subsection (2), in the course of exercising its functions in relation to a child who is under compulsory school age and for whom a local authority is responsible, forms the opinion that the child has, or probably has, additional learning needs.
(2)The health bodies are—
(a)a Local Health Board;
(b)an NHS trust;
[F1(c)an integrated care board;]
(d)an NHS foundation trust;
(e)a Special Health Authority.
(3)The health body must inform the child's parent of its opinion and of its duty in subsection (4).
(4)After giving the parent an opportunity to discuss the health body's opinion with an officer of the body, the health body must bring it to the attention of the local authority that is responsible for the child or, if the child is looked after, to the attention of the local authority that looks after the child, if the health body is satisfied that doing so would be in the best interests of the child.
(5)If the health body is of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or other assistance in connection with any additional learning needs that the child may have, it must inform the parent accordingly.
Textual Amendments
F1S. 64(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 232(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Modifications etc. (not altering text)
C1S. 64(3)(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401), regs. 1(2), 35(1)(m)
Commencement Information
I1S. 64 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))
I2S. 64 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))
I3S. 64 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(l) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)
I4S. 64 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(l), 4 (with art. 1(4))
I5S. 64 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(l) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3; and (21.8.2023) by S.I. 2023/932, art. 3)
I6S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(l) (with arts. 2, 4-18)
I7S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))
I8S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(l) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)
I9S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(l) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)
I10S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(l), 3
I11S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(l), 4
I12S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(l)
I13S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(l) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)
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