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Additional Learning Needs and Education Tribunal (Wales) Act 2018
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Changes over time for: Section 19
Changes to legislation:
Additional Learning Needs and Education Tribunal (Wales) Act 2018, Section 19 is up to date with all changes known to be in force on or before 12 November 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 19:
- s. 19 coming into force by S.I. 2022/893 art. 2(c)
- specified provision(s) coming into force by S.I. 2021/381 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/381 revoked (12.8.2021) by S.I. 2021/938, art. 3)
- specified provision(s) coming into force by S.I. 2021/383 art. 2 3 (This commencement not applied to legislation.gov.uk. S.I. 2021/383 revoked (12.8.20210) by S.I. 2021/938, art. 4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(3)(ca)(cb) inserted by 2022 asc 1 Sch. 4 para. 39(2)
- s. 5(1)(da) inserted by 2022 asc 1 Sch. 4 para. 39(3)
- s. 65(4)(da)(db) inserted by 2022 asc 1 Sch. 4 para. 39(5)
- Sch. 1 para. 4(32)(a)(i)para. 4(32)(a)(ii)(b) coming into force by S.I. 2022/893 art. 2(o)(xi)
19Duties to prepare and maintain plans for looked after childrenE+W
This section has no associated Explanatory Notes
(1)The duty in subsection (2) applies ifa local authority that looks after a child has decided under section 18 that a looked after child has additional learning needs.
(2)The local authority must prepare and maintain an individual development plan for the child if the child is in the area of a local authority in Wales.
(3)A local authority that prepares or maintains an individual development plan for a child it looks after must—
(a)consider whether additional learning provision should be provided to the child in Welsh, and
(b)if it decides that a particular kind of additional learning provision should be provided in Welsh, specify in the individual development plan that it should be provided in Welsh.
(4)If the reasonable needs of the child for additional learning provision cannot be met unless the local authority also secures provision of the kind mentioned in subsection (5), the authority must include a description of that other provision in the individual development plan.
(5)The kinds of provision are—
(a)a place at a particular school or other institution;
(b)board and lodging.
(6)The duty in subsection (4)—
(a)does not apply to a place at a particular school or other institution that is not a maintained school in Wales if the person or body responsible for admissions to the school or other institution does not consent;
(b)is subject to the duties in sections 55, 56(3) and 59.
(7)Where a local authority that looks after a child maintains an individual development plan for the child, the authority must—
(a)secure the additional learning provision described in the plan,
(b)secure any other provision described in the plan in accordance with subsection (4), and
(c)if the plan specifies that a particular kind of additional learning provision should be provided in Welsh, take all reasonable steps to secure that it is provided to the child in Welsh.
(8)See section 35 for provision about the transfer of duties to maintain individual development plans for children who already have plans when they become looked after.
Modifications etc. (not altering text)
C1S. 19(7): power to modify conferred (temp.) (1.9.2021) by 2020 c. 7, Sch. 17 para. 7(5) (as amended by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 11(2))
Commencement Information
I1S. 19 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/735, art. 2(2)(a) and S.I. 2021/938, art. 2(3))
I2S. 19 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/735, art. 2(3)(a) and S.I. 2021/938, art. 2(4)(5))
I3S. 19 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(c) (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)
I4S. 19 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))
I5S. 19 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(c) (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)
I6S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))
I7S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(c) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)
I8S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)
I9S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(c) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)
I10S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4
I11S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)
I12S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(c) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)
I13S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3
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