The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 14 and Transitional and Saving Provisions) Order 2022

Provisions coming into force on 1 September 2022

3.  The following provisions of the Act come into force on 1 September 2022 in relation to a child who has identified special educational needs 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(iv) paragraph 4(7) to the extent that the paragraph has not been repealed in relation to the child(1);

(v) paragraph 4(8) and (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).

(1)

Paragraph 4(7) (“the provision”) has been repealed by paragraph 75 of Schedule 2 to the Curriculum and Assessment (Wales) Act 2021 (asc 4) (“the 2021 Act”). However, the provision has been saved by the Curriculum and Assessment (Wales) Act 2021 (Transitional and Saving Provision) Regulations 2022 (S.I. 2022/111 (W. 39)) in relation to a child or pupil provided with education under the old curriculum (i.e. in relation to whom the 2021 Act has not been commenced). The effect of that saving provision is that paragraph 4(7) of the Schedule to the Act remains in force until such time as the child or pupil is provided with education under the 2021 Act.