Education (Wales) Measure 2009
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Version Superseded: 01/09/2021
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18Power to make provision about appeals and claims by a childW
(1)The Welsh Ministers may by order make provision about—
(a)the rights of a child to appeal to the Welsh Tribunal in respect of matters for which a parent has a right to appeal under Part 4 of the Education Act 1996;
(b)the right of a person to make a claim to the Welsh Tribunal in respect of matters for which a parent of that person has a right to make a claim under [F1paragraph 3 of Schedule 17 to the Equality Act 2010];
(c)any matter connected to such rights;
(d)provision of advice and information to children about matters relating to special educational needs;
(e)provision of advice and information to disabled children about matters relating to disability discrimination in schools;
(f)advocacy services about special educational needs or disability discrimination in schools;
(g)arrangements with a view to avoiding or resolving disagreements between—
(i)a [F2local authority] (on the one hand) and a child (on the other) about the exercise by authorities of functions under Part 4 of the Education Act 1996;
(ii)the proprietor of a relevant school (on the one hand) and a child (on the other) about special educational provision (within the meaning of section 312(4) of the Education Act 1996);
(iii)a body responsible for a school (on the one hand) and a disabled child (on the other) about disability discrimination.
(2)The power to make an order under subsection (1) includes power—
(a)to add, remove or modify rights;
(b)to amend or repeal provisions of Part 4 of the Education Act 1996;
(c)to amend or repeal provisions of [F3Chapter 1 of Part 6 of, and Schedule 17 to, the Equality Act 2010];
(d)to make consequential amendments and repeals to provisions in those Acts.
(3)The power to make an order under this section may not be exercised—
(a)before a report is laid before the National Assembly for Wales under section 17(3), or
(b)after a period of 24 months from the last day of the pilot period specified in regulations under section 17(1).
Textual Amendments
F1Words in s. 18(1)(b) substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), arts. 1(2), 12(a)
F2Words in Measure substituted (5.5.2010) by Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Wales) Order 2010 (S.I. 2010/1148), arts. 1, 5(2)
F3Words in s. 18(2)(c) substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), arts. 1(2), 12(b)
Commencement Information
I1S. 18 in force at 10.2.2012 by S.I. 2012/320, art. 2(g)
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