Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw2)

PART 2 E+W ADDITIONAL LEARNING NEEDS

CHAPTER 1 E+W KEY TERMS, CODE AND PARTICIPATION

Participation, United Nations conventions and access to information E+W

7 Duty to have regard to the United Nations Convention on the Rights of the Child E+W

(1) A relevant body exercising functions under this Part in relation to a child or young person must have due regard to Part 1 of the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 (“the Convention”).

(2) For the purposes of subsection (1), Part 1 of the Convention is to be treated as having effect—

(a) as set out for the time being in Part 1 of the Schedule to the Rights of Children and Young Persons (Wales) Measure 2011 (nawm 2), but

(b) subject to any declaration or reservation as set out for the time being in Part 3 of that Schedule.

(3) Subsection (1) does not require specific consideration of the Convention on each occasion that a function is exercised.'

(4) A code issued under section 4 may make provision setting out what is required to discharge the duty in subsection (1); and subsection (1) is to be interpreted in accordance with any such provision.

(5) In subsection (1), “relevant body” means—

(a) a local authority;

(b) an NHS body.

Commencement Information

I1 S. 7 in force at 2.11.2020 for specified purposes by S.I. 2020/1182, reg. 3(2)(b)

I2 S. 7 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))

I3 S. 7 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))

I4 S. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(b), 4 (with art. 1(4))

I5 S. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(b) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)

I6 S. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(b) (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)

I7 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(b)

I8 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(b) (with arts. 2, 4-18)

I9 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(b) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I10 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I11 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(b) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I12 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(b) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I13 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(b), 4

I14 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(b), 3