2022 No. 895 (W. 192) (C. 59)
The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 12) Order 2022
Made
The Welsh Ministers, in exercise of the powers conferred by section 100(3) and (4) of the Additional Learning Needs and Education Tribunal (Wales) Act 20181, make the following Order:
Title and interpretationI11
1
The title of this Order is the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 12) Order 2022.
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 needs assessment” (“asesiad o anghenion AIG”) has the same meaning as in section 36(2) of the 2014 Act;
“EHC plan” (“cynllun AIG”) has the same meaning as in section 37(2)5 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)6 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)7 of the 1996 Act;
“learning difficulty” (“anhawster dysgu”) has the same meaning as in—
- i
section 312(2)8 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 5799 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 199810;
“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 43411 of 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
“Tribunal” (“Tribiwnlys”) means the Education Tribunal for Wales12;
“Tribunal Rules” (“Rheolau’r Tribiwnlys”) means Special Educational Needs Tribunal for Wales Regulations 201213.
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 202114 or the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 7) Order 202115.
Meaning of identified special educational needsI22
A child “C” has “identified special educational needs” for the purposes of this Order if C has a learning difficulty identified by a proprietor or a local authority which calls for special educational provision to be made for C.
Provisions coming into force on 1 September 2022I33
The following provisions of the Act come into force on 1 September 2022 except in relation to a person who falls into any of the paragraphs in article 4 on 1 September 2022—
a
sections 2 to 4;
b
sections 6 to 14;
c
sections 17 to 36;
d
section 38;
e
sections 40 to 44;
f
sections 47 to 49;
g
section 50(1) for the purposes of the provisions in paragraph (h);
h
section 50(4) to (5);
i
sections 51 to 53;
j
section 55;
k
section 59;
l
sections 63 to 66;
m
sections 68 to 69;
n
section 96 for the purposes of the provisions in paragraph (o);
o
in the Schedule—
i
paragraph 1;
ii
paragraph 4(1) for the purposes of the provisions in sub-paragraphs (iii) to (xi);
iii
paragraph 4(2) to 4(6);
iv
paragraph 4(7) to the extent that the paragraph has not been repealed in relation to the child16;
v
paragraph 4(8) to 4(9);
vi
paragraph 4(10);
vii
paragraph 4(13) to 4(18);
viii
paragraph 4(19)(b);
ix
paragraph 4(20) and 4(21);
x
paragraph 4(23) to 4(29);
xi
paragraph 4(32)(a)(i) and (ii) and paragraph 4(32)(b);
xii
paragraph 7;
xiii
paragraph 8;
xiv
paragraph 11(a);
xv
paragraph 12(a);
xvi
paragraph 14(1) for the purposes of the provisions in sub-paragraph (xvii);
xvii
paragraph 14(2) and (3);
xviii
paragraph 19(1) for the purpose of the provision in sub-paragraph (xix);
xix
paragraph 19(5)(e)(ii);
xx
paragraph 21(1) for the purposes of the provisions in sub-paragraph (xxi);
xxi
paragraph 21(2)(a)(i) and (2)(b)(ii);
xxii
paragraph 22;
xxiii
paragraph 23(1) for the purpose of the provision in sub-paragraph (xxiv);
xxiv
paragraph 23(4);
xxv
paragraph 24(1) for the purposes of the provisions in sub-paragraph (xxvi);
xxvi
paragraph 24(3) and (6)(a).
I44
A person—
a
who is over compulsory school age;
b
who has identified special educational needs;
c
in relation to whom a local authority has served a notice under section 323 of the 1996 Act and the assessment has not commenced and no notice has been given under section 323(6) of the 1996 Act;
d
in relation to whom a request has been made under section 329 or 329A of the 1996 Act for an assessment under section 323 of the 1996 Act and the local authority has not determined whether to assess;
e
in relation to whom a request has been made under section 329 or 329A of the 1996 Act for an assessment under section 323 of the 1996 Act and the local authority determines not to comply with the request and—
i
the time within which an appeal under section 329(2) or 329A(8) of the 1996 Act has to be brought under Part B of the Tribunal Rules has not ended;
ii
an appeal to the Tribunal under section 329(2) or 329A(8) of the 1996 Act in relation to that determination has been brought but not finally determined; or
iii
an appeal to the Tribunal under section 329(2) or 329A(8) of the 1996 Act in relation to that determination was finally determined and the local authority was ordered to arrange an assessment, and that assessment has not commenced;
f
in relation to whom a local authority is undertaking an assessment of educational needs under section 323 of the 1996 Act;
g
in relation to whom a local authority proposes not to make a statement following an assessment and—
i
the time within which an appeal under section 325(2) of the 1996 Act has to be brought under Part B of the Tribunal Rules has not ended;
ii
an appeal to the Tribunal under section 325(2) of the 1996 Act in relation to that decision has been brought but not finally determined;
iii
an appeal to the Tribunal under section 325(2) of the 1996 Act in relation to that decision was brought and finally determined and the local authority was ordered to—
aa
make and maintain a statement and the making of the statement has not commenced, or
bb
reconsider its decision and that reconsideration has not commenced;
h
in relation to whom an assessment under section 331 of the 1996 Act is ongoing;
i
in relation to whom a request to a local authority has been made to secure an EHC needs assessment under section 36(1) of the 2014 Act and the local authority has not determined that request under section 36(3);
j
in relation to whom a local authority has determined under section 36 of the 2014 Act not to secure an EHC assessment and—
i
the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;
ii
mediation under section 55 of the 2014 Act is ongoing in relation to that determination;
iii
a mediation certificate has been issued under section 55(4) of the 2014 Act in relation to that determination and the period for submitting an appeal to the First-tier Tribunal under section 51 of the 2014 Act has not ended;
iv
an appeal to the First-tier Tribunal under section 51(2)(a) of the 2014 Act in relation to that determination has been brought but not finally determined;
v
an appeal to the First-tier Tribunal under section 51(2)(a) of the 2014 Act in relation to that determination has been brought and fully determined and the local authority was ordered to arrange an assessment or re-assessment, and that assessment or re-assessment has not commenced;
k
in relation to whom a local authority has served a notice under section 36(7) of the 2014 Act that it is considering securing an EHC needs assessment and—
i
the assessment has not commenced,
ii
the assessment is ongoing, or
iii
no notice has been served under section 36(9) of the 2014 Act;
l
in relation to whom a local authority has determined under section 36(9) of the 2014 Act that it is not necessary for special educational provision to be made in accordance with an EHC plan and—
i
the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;
ii
mediation under section 55 of the 2014 Act is ongoing in relation to that determination;
iii
a mediation certificate has been issued under section 55(4) of the 2014 Act in relation to that determination and the period for submitting an appeal to the First-tier Tribunal under section 51 of the 2014 Act has not ended;
iv
an appeal to the First-tier Tribunal under section 51(2)(b) of the 2014 Act in relation to that determination has been brought but not finally determined;
v
an appeal to the First-tier Tribunal under section 51(2)(b) of the 2014 Act in relation to that determination has been brought and finally determined and the local authority was ordered to—
aa
make and maintain an EHC plan and the making of the EHC plan has not commenced, or
bb
reconsider its decision and that reconsideration has not commenced;
m
in relation to whom a local authority has determined under section 45 of the 2014 Act that it is no longer necessary for an EHC plan to be maintained and—
i
the period for pursuing mediation in relation to that determination under section 52 of the 2014 Act has not ended;
ii
mediation under section 55 of the 2014 Act is ongoing in relation to that determination;
iii
a mediation certificate has been issued under section 55(4) of the 2014 Act in relation to that determination and the period for submitting an appeal to the First-tier Tribunal under section 51 of the 2014 Act has not ended;
iv
an appeal to the First-tier Tribunal under section 51(2)(f) of the 2014 Act in relation to that determination has been brought but not finally determined.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by Commencement Orders made before the date of this Order17:
Provision | Date of Commencement | S.I. No |
---|---|---|
Sections 2 to 3 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68)18 |
Section 4 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 5 | 2 November 2020 | |
Section 6 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 7 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 8 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Sections 9 to 14 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 15 | 2 November 2020 | |
Section 16 (partially) (fully) | 2 November 2020 1 September 2021 | |
Sections 17 to 20 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 21 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Sections 22 to 31 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 32 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Sections 33 to 35 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 36 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 37 | 2 November 2020 | |
Section 38 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 39 | 2 November 2020 | |
Sections 40 to 44 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 45 | 2 November 2020 | |
Section 46 | 2 November 2020 | |
Section 47 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Sections 48 to 49 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 50(1), (4) and (5) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 50(1), (2) and (3) (fully) | 1 September 2021 | |
Sections 51 to 53 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 54 (partially) (fully) | 2 November 2020 1 September 2021 | |
Section 55 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 56 (partially) (fully) | 2 November 2020 1 September 2021 | |
Section 56(1) | 4 January 2021 | |
Section 56(4) to (6) | 4 January 2021 | |
Sections 57 to 58 | 1 September 2021 | |
Section 59 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 60 | 4 January 2021 | |
Section 61 | 4 January 2021 | |
Section 62 | 4 January 2021 | |
Sections 63 to 64 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 65 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 66 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Section 67 | 2 November 2020 | |
Sections 68 to 69 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
Sections 70 to 73 | 1 September 2021 | |
Section 74 | 2 November 2020 | |
Section 75 (partially) (fully) | 2 November 2020 1 September 2021 | |
Section 76 (partially) (fully) | 2 November 2020 1 September 2021 | |
Section 77 (partially) (fully) | 2 November 2020 1 September 2021 | |
Sections 78 to 81 | 1 September 2021 | |
Section 82 | 2 November 2020 | |
Section 83 (partially) (fully) | 2 November 2020 1 September 2021 | |
Section 84 | 1 September 2021 | |
Section 85 (partially) (fully) | 2 November 2020 1 September 2021 | |
Sections 86 to 90 | 1 September 2021 | |
Section 91 (partially) (fully) | 2 November 2020 1 September 2021 | |
Section 92 (partially) (fully) | 2 November 2020 1 September 2021 | |
Sections 93 to 94 | 1 September 2021 | |
Section 95 (partially) (fully) | 2 November 2020 1 September 2021 | |
Section 96 (partially) | 2 November 2020 1 September 2021 1 January 2022 | S.I. 2020/1182 (W. 267) (C. 33) S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 1 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 2(1), 2(2)(b) and 2(3) | 1 September 2021 | |
The Schedule, paragraph 3 | 1 September 2021 | |
The Schedule, paragraph 4(1), 4(2) to 4(8), 4(9), 4(10), 4(13) to 4(18), 4(19)(b), 4(20), 4(21), 4(23) to 4(29), 4(32)(a)(i) and (ii), 4(32)(b) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 4(9) (in so far as it omits sections 333(1ZA), 333(2) to 333(6) and 334 to 335), 4(12), 4(19)(a), 4(22), 4(30)(a)(ii), 4(30)(b), 4(31), 4(32)(a)(iii), 4(33)(a), 4(33)(b) (in so far as it omits certain definitions), 4(33)(d), 4(33)(e) and 4(33)(g) | 1 September 2021 | |
The Schedule, paragraph 6(d)(v), 6(f), 6(g), 6(j)(i), 6(l)(i), 6(l)(iii), 6(n)(ii) (in so far as it omits paragraph 11 of Schedule 2), and 6(t) | 1 September 2021 | |
The Schedule, paragraph 7 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 8 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraphs 9 and 10 | 1 September 2021 | |
The Schedule, paragraph 11(a) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 11(b) | 1 September 2021 | |
The Schedule, paragraph 12(a) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 12(b) | 1 September 2021 | |
The Schedule, paragraph 13 | 1 September 2021 | |
The Schedule, paragraph 14(1) to (3) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 14(1) and 14(4) | 1 September 2021 | S.I. 2021/373 (W. 116) (C .12) |
The Schedule, paragraph 15(1) and 15(3) to 15(4) | 1 September 2021 | |
The Schedule, paragraphs 17 and 18 | 1 September 2021 | |
The Schedule, paragraph 19(1), (2), (3), (5)(a) to (d), (5)(e)(i), (5)(f) and (6) | 1 September 2021 | |
The Schedule, paragraph 19(1),(4) and (5)(g) and (h) (partially) (fully) | 2 November 2020 1 September 2021 | |
The Schedule, paragraph 19(1), (5)(e)(ii) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 20 | 1 September 2021 | |
The Schedule, paragraph 21 (1), (2)(a)(i) and (2)(b)(ii) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 21(1) and 21(b)(i) | 1 September 2021 | |
The Schedule, paragraph 22 (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 23(1), 23(3)(a) to (c) and (5) | 1 September 2021 | |
The Schedule, paragraph 23(1) and (4) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 24(1) and 24(3) and (6)(a) (partially) | 1 September 2021 1 January 2022 | S.I. 2021/373 (W. 116) (C. 12) S.I. 2021/1243 (W. 315) (C. 68) |
The Schedule, paragraph 24(1), 24(2), (5) and (6)(b) and (c) | 1 September 2021 |