Education (Wales) Measure 2009

19 Interpretation of sections 17 and 18 W

(1) In sections 17 and 18—

• “child” (“plentyn”) includes any person who has not attained the age of 19 and is a registered pupil at a school;

• “disabled child” (“plentyn anabl”) has the same meaning as in[F1 paragraph 6A of Schedule 17 to the Equality Act 2010];

• “local authorities” (“awdurdodau lleol”) means [F2 local authorities] in Wales;

• “maintained school” (“ysgol a gynhelir”) means any community, foundation or voluntary school or any community or foundation special school not established in a hospital;

• “maintained nursery school” (“ysgol feithrin a gynhelir”) means a nursery school which is maintained by a [F3 local authority] and which is not a special school;

• “parent” (“rhiant”) has the meaning given in section 576 of the Education Act 1996;

• “proprietor” (“perchennog”) in relation to a school means the person or body of persons responsible for the management of the school (so that in relation to a community, foundation or voluntary school or a community or foundation special school, or a maintained nursery school, it means the governing body);

• “relevant school” (“ysgol berthnasol”) means—

(a) a maintained school or a maintained nursery school,

(b) a pupil referral unit,

(c) an independent school named in the statement maintained for the child under section 324 of the Education Act 1996, or

(d) a school approved under section 342 of the Education Act 1996;

“Welsh Tribunal” (“Tribiwnlys Cymru”) means the Special Educational Needs Tribunal for Wales.

(2) The body responsible for a school is to be determined for the purposes of section 17(2)(c) and 18(1)(g)(iii) in accordance with [F4 section 85(9) of the Equality Act 2010].

(3) A local authority is responsible for a child for the purposes of section 17(2)(a) if the child is in its area and—

(a) the child is a registered pupil at a maintained school or a maintained nursery school,

(b) education is provided for the child at a school which is not a maintained school or maintained nursery school, but is so provided at the expense of the authority,

(c) the child does not come within (a) or (b), but is a registered pupil at a school and has been brought to its attention as having (or probably having) special educational needs, or

(d) the child is not a registered pupil at a school, but is not under the age of two or over compulsory school age and has been brought to its attention as having (or probably having) special educational needs.

Textual Amendments

F1 Words in s. 19(1) 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), 13(1)(a)

F2 Words in s. 19(1) 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(4)

F3 Words 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)

F4 Words in s. 19(2) 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), 13(1)(b)

Commencement Information

I1 S. 19 in force at 10.2.2012 by S.I. 2012/320, art. 2(h)