The Additional Learning Needs (Wales) Regulations 2021

When a child’s parent lacks capacity E+W

35.—(1) When a child’s parent lacks capacity at the relevant time, references in the provisions of the 2018 Act listed below to a child’s parent are to be read as references to a representative of that parent—

(a) section 11(4);

(b) section 13(3);

(c) section 18(3);

(d) section 20(3)(a) and (b);

(e) section 22(1)(b) and (2)(b);

(f) section 23(8), (10) and (11);

(g) section 24(7), (9) and (10);

(h) section 26(1)(b);

(i) section 27(1)(b) and (4);

(j) section 28(2)(b), (4), (5) and (7);

(k) section 31(7)(b), (8) and (9);

(l) section 32(1)(a) and (b) and (3);

(m) section 64(3) and (4).

(2) When a child’s parent lacks capacity at the relevant time, references to parents of children, and parents of pupils in section 9(3)(b) and (4)(a) of the 2018 Act respectively are to be read as including both the parents and a representative of the parents.

(3) When a child’s parent lacks capacity at the relevant time, the reference in regulation 22(5)(b) to the child’s parent is to be read as a reference to a representative of that parent.

Commencement Information

I1 Reg. 35 in force at 1.9.2021, see reg. 1(2)