Title and interpretationI11
1
The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 7) Order 2021.
2
In this Order—
“the 1996 Act” (“Deddf 1996”) means the Education Act 19962;
“the 2014 Act” (“Deddf 2014”) means the Children and Families Act 20143;
“the Act” (“y Ddeddf”) means the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
“compulsory school age” (“oedran ysgol gorfodol”) has the same meaning as in section 84 of the 1996 Act;
“EHC plan” (“cynllun AIG”) has the same meaning as in section 37(2) of the 2014 Act;
“EHC needs assessment” (“asesiad o anghenion AIG”) has the same meaning as in section 36(2) of the 2014 Act;
“in the area of a local authority in England” (“yn ardal awdurdod lleol yn Lloegr”) has the same meaning as in section 579(3A) of the 1996 Act;
“in the area of a local authority in Wales” (“yn ardal awdurdod lleol yng Nghymru”) has the same meaning as in section 579(3B) of the 1996 Act;
“learning difficulty” (“anhawster dysgu”) has the same meaning as in—
- i
section 312(2) of the 1996 Act—
- aa
in relation to a child in the area of a local authority in Wales but not a child who is a registered pupil at a mainstream school in England,
- bb
in relation to a child in the area of a local authority in England who is a registered pupil at a maintained school in Wales, as if “in the area of a local authority in Wales” were omitted,
- aa
- ii
section 20 of the 2014 Act in relation to a child in the area of a local authority in Wales who is a registered pupil at a mainstream school in England;
- i
“local authority” (“awdurdod lleol”) has the same meaning as in section 579 of the 1996 Act;
“mainstream school” (“ysgol brif ffrwd”) has the same meaning as in section 83(2) of the 2014 Act;
“maintained school” (“ysgol a gynhelir”) means any community, foundation or voluntary school or any community special school not established in a hospital within the meaning of the School Standards and Framework Act 19985;
“proprietor” (“perchennog”) has the same meaning as in section 579 of the 1996 Act;
“registered pupil” (“disgybl cofrestredig”) has the same meaning as in section 434 of the 1996 Act;
“school year” (“blwyddyn ysgol”) has the same meaning as in section 5796of the 1996 Act;
“special educational provision” (“darpariaeth addysgol arbennig”) has the same meaning as in—
- i
section 312(4) of the 1996 Act—
- aa
in relation to a child in the area of a local authority in Wales but not a child who is a registered pupil at a mainstream school in England,
- bb
in relation to a child in the area of a local authority in England who is a registered pupil at a maintained school in Wales as if “in relation to a child in the area of a local authority in Wales” were omitted,
- aa
- ii
section 21 of the 2014 Act in relation to a child in the area of a local authority in Wales who is a registered pupil at a mainstream school in England;
- i
“year 11” (“blwyddyn 11”) means a year group in which the majority of children will, in the school year, attain the age of 16;
“year group” (“grŵpblwyddyn”) means a group of children at a school the majority of whom will, in a particular school year, attain the same age;
“Tribunal” (“Tribiwnlys”) means the Education Tribunal for Wales7;
“Tribunal Rules” (“Rheolau’r Tribiwnlys”) means Special Educational Needs Tribunal for Wales Regulations 20128.
3
For the purposes of this Order an appeal is finally determined if—
a
a decision is made by a tribunal or court on the appeal, and
b
if a request may be made to review the decision or it may be further appealed, and the period (or each of the periods) for doing so expires without a review being requested or further appeal being brought.
4
This Order does not apply to a person in relation to whom provisions of the Act were commenced by the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 2) Order 20219.