Mental Capacity Act 2005

[F1 58 U.K. Until the repeal of section 324 of the Education Act 1996 made by paragraph 4(1) and (9) of Schedule 1 to the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) comes fully into force—

(a) paragraph 10(1)(b) has effect as if there were substituted—

“(b) if the cared-for person has an individual development plan or a statement of special educational needs—

(i) the local authority responsible for maintaining that plan or statement, or

(ii) in the case of an individual development plan which is not maintained by a local authority, the local authority whose area the cared-for person is in;”,

(b) paragraph 10(5)(b) has effect as if there were substituted—

“(b) if the cared-for person has an individual development plan or a statement of special educational needs—

(i) the local authority responsible for maintaining that plan or statement, or

(ii) in the case of an individual development plan which is not maintained by a local authority, the local authority whose area the cared-for person is in;”, and

(c) paragraph 10(8) has effect as if at the end there were inserted—

““statement of special educational needs” means a statement within the meaning of section 324 of the Education Act 1996.””]

Textual Amendments

F1 Sch. AA1 inserted (16.5.2019 but only for the purpose of enabling the exercise of any power to make regulations and otherwise prosp.) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1