Amendment of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 6 and Transitional and Saving Provisions) Order 20213

1

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 6 and Transitional and Saving Provisions) Order 20213 is amended as follows.

2

After article 20 insert—

Capacity of children21

1

Paragraph (2) applies to—

a

the duty to give a child an IDP notice or a No IDP notice in articles 9(2), 10(2) and 11(2);

b

the duty to give a notice following a request by a child under article 12;

c

the duty to give a child a copy of the individual development plan within 12 weeks in article 13(1);

d

the power to give a child an ALN notice in article 14(2).

2

The duty or power does not apply if the appropriate local authority considers that the child does not have capacity to understand the subject matter.

3

Where paragraph (2) applies in relation to the duty in paragraph (1)(a) or (b), the first reference to a child in article 5 is to be read as if it were omitted.

4

Where paragraph (2) applies in relation to the duty in paragraph (1)(a) or (b), the first reference to a child in article 6 is to be read as if it were omitted.