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Additional Learning Needs and Education Tribunal (Wales) Act 2018
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Changes over time for: Section 33
Changes to legislation:
Additional Learning Needs and Education Tribunal (Wales) Act 2018, Section 33 is up to date with all changes known to be in force on or before 18 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
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Changes and effects yet to be applied to Section 33:
- s. 33 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)
33Limitation on ceasing to maintain plans to allow reconsideration or appealE+W
This section has no associated Explanatory Notes
(1)A governing body of a maintained school may not cease to maintain an individual development plan under section 31(5) unless subsection (2) or (3) applies.
(2)This subsection applies if the period prescribed under section 32(1)(b) has ended and no request has been made under that section.
(3)This subsection applies if the local authority has decided under section 32 that the plan should cease to be maintained and—
(a)the period prescribed under section 75 within which an appeal may be brought against the local authority's decision has ended without an appeal having been brought, or
(b)an appeal has been brought before the end of the period prescribed under section 75, and has been fully determined.
(4)A governing body of an institution in the further education sector acting under section 31(5), or a local authority acting under section 31(6), may not cease to maintain an individual development plan until the later of—
(a)the period prescribed under section 75 within which an appeal may be brought against a decision not to maintain the plan having ended without an appeal having been brought, or
(b)an appeal having been brought before the end of the period prescribed under section 75, and having been fully determined.
Commencement Information
I1S. 33 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. 33 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. 33 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(c), 4 (with art. 1(4))
I4S. 33 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)
I5S. 33 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; and (10.6.2022) by S.I. 2022/663, art. 3 ; and (21.8.2023) by S.I. 2023/932, art. 3)
I6S. 33 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)
I7S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(c) (with arts. 2, 4-18)
I8S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(c), 4
I9S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))
I10S. 33 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)
I11S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(c), 3
I12S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(c)
I13S. 33 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)
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