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| For other Amendment(s) see the following page(s):
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| Children and Families Bill Committee 157-191 |
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| Children and Families Bill |
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| Clause 86, page 54, line 40, leave out subsection (3). |
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| Schedule 3, page 138, line 39, at end insert— |
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| | ‘A1(1) | Section 6 (nursery schools and special schools) is amended as follows. |
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| | (3) | In the title, omit “and special schools”. |
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| | A2 (1) | Section 13 (general responsibility for education) is amended as follows. |
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| | (2) | In subsection (3)(b) for “but under 25 and are subject to learning difficulty |
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| | assessment” substitute “and for whom an EHC plan is maintained”. |
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| | (3) | Omit subsections (4) and (5). |
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| | A3 | In section 13A (duty to promote high standards and fulfilment of potential), in |
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| | subsection (2)(b) for “but under 25 who are subject to learning difficulty |
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| | assessment” substitute “and for whom an EHC plan is maintained”. |
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| | A4 (1) | Section 15ZA (duty in respect of education and training for persons over |
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| | compulsory school age: England) is amended as follows. |
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| | (2) | In subsection (1) for “but under 25 and are subject to learning difficulty |
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| | assessment” substitute “and for whom an EHC plan is maintained”. |
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| | (3) | In subsection (3)(b) after “learning difficulties” insert “or disabilities”. |
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| | (4) | In subsections (6) and (7) after “learning difficulty” insert “or disability”. |
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| | (5) | For subsection (9) substitute— |
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| | “(9) | The duty in subsection (1) does not apply in relation to persons in a |
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| | local authority’s area who are subject to a detention order.” |
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| | A5 | In section 15A (powers in respect of education and training for 16 to 18 year |
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| | olds), in subsection (3) for the words from “a local authority” to the end |
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| | (a) | a local authority in England must in particular have regard to |
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| | the needs of persons with learning difficulties or disabilities |
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| | (within the meaning of section 15ZA(6) and (7)); |
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| | (b) | a local authority in Wales must in particular have regard to the |
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| | needs of persons with learning difficulties (within the |
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| | meaning of section 41(5) and (6) of the Learning and Skills |
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| | |
| | A6 | In section 15B (functions in respect of education for persons aged over 19), in |
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| | subsection (3) for the words from “a local authority” to the end substitute “— |
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| | (a) | a local authority in England must in particular have regard to |
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| | the needs of persons with learning difficulties or disabilities |
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| | (within the meaning of section 15ZA(6) and (7)); |
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| | (b) | a local authority in Wales must in particular have regard to the |
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| | needs of persons with learning difficulties (within the |
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| | meaning of section 41(5) and (6) of the Learning and Skills |
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| | A7 | In section 18A (provision of education for persons subject to youth detention), |
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| | (a) | in paragraph (b) omit “or learning difficulties (within the meaning of |
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| | section 15ZA(6) and (7))”, and |
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| | (b) | after that paragraph insert— |
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| | “(ba) | in the case of a local authority in England, any |
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| | learning difficulties or disabilities (within the |
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| | meaning of section 15ZA(6) and (7)) the persons may |
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| | (bb) | in the case of a local authority in Wales, any learning |
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| | difficulties (within the meaning of section 41(5) and |
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| | (6) of the Learning and Skills Act 2000) the persons |
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| Schedule 3, page 139, leave out lines 5 to 8. |
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| Schedule 3, page 139, line 8, at end insert— |
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| | ‘2A(1) | Section 312 (meaning of “special educational needs” and “special educational |
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| | provision” etc) is amended as follows. |
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| | (2) | In subsections (1) and (2), after “child” insert “in the area of a local authority |
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| | (ii) | for “, 15B and 507B” substitute “and 15B”, and |
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| | (b) | in paragraph (b), before “determining” substitute “a local authority in |
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| | (4) | In subsection (4), after ““special educational provision”” insert “, in relation to |
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| | a child in the area of a local authority in Wales,”.’. |
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| Schedule 3, page 139, line 9, leave out paragraph 3 and insert— |
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| | ‘3 (1) | Section 313 (code of practice) is amended as follows. |
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| | (2) | In subsections (1) and (4) for “Secretary of State” substitute “Welsh |
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| | (a) | after “means” insert “the Special Educational Needs Tribunal for |
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| | (b) | omit paragraphs (a) and (b). |
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| | 3A (1) | Section 314 (making and approval of code) is amended as follows. |
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| | (a) | for “Secretary of State proposes” substitute “Welsh Ministers |
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| | (b) | for “he” substitute “they”. |
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| | (a) | for “Secretary of State” substitute “Welsh Ministers”, |
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| | (b) | for “he thinks” substitute “they think”, and |
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| | (c) | for “them” substitute “those persons”. |
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| | (4) | For subsection (3) substitute— |
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| | “(3) | If the Welsh Ministers determine to proceed with the draft (either in its |
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| | original form or with such modifications as they think fit) they shall |
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| | lay it before the National Assembly for Wales.” |
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| | (a) | for “each house, the Secretary of State” substitute “the National |
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| | Assembly for Wales, the Welsh Ministers”, and |
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| | (b) | for “the Secretary of State may” substitute “the Welsh Ministers |
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| Schedule 3, page 139, line 14, at end insert— |
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| | (a) | in paragraph (a), for sub-paragraph (ii) substitute— |
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| | “(ii) | the governing body of the school or, if the |
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| | school is in England, its head teacher,”, and |
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| | (b) | in paragraph (c), for sub-paragraph (ii) substitute— |
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| | “(ii) | the governing body of the school or, if the |
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| | school is in England, its head teacher,”.’. |
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| Schedule 3, page 139, line 16, leave out ‘National Assembly for Wales’ and insert |
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| Schedule 3, page 139, line 18, leave out sub-paragraph (3) and insert— |
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| | (a) | omit “, in relation to Wales,”, and |
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| | (b) | for “National Assembly for Wales” substitute “Welsh Ministers”.’. |
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| Schedule 3, page 139, line 18, at end insert— |
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| | ‘4A | In section 317 (duties of governing body or local authority in relation to pupils |
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| | with special educational needs), in subsection (5)— |
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| | (a) | after “foundation special school shall” insert “include special needs |
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| | information in the report prepared under section 30(1) of the |
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| | Education Act 2002 (governors’ report).”, and |
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| | (b) | omit paragraphs (a) and (b). |
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| | 4B (1) | Section 318 (provision of goods and services in connection with special |
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| | educational needs) is amended as follows. |
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| | (2) | Omit subsections (3) and (3A). |
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| | (3) | In subsection (3B) omit “in Wales” (in the first place it occurs). |
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| | (4) | In consequence of the repeal made by sub-paragraph (2)— |
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| | (a) | in Schedule 30 to the School Standards and Framework Act 1998 omit |
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| | (b) | in the Education Act 2002, in section 194 omit subsection (2)(a), and |
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| | (c) | in Schedule 2 to the Childcare Act 2006, omit paragraph 21. |
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| | 4C | In section 326 (appeal against contents of statement), in subsection (4)(c) for |
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| | the words from “in the case” to “in the proceedings” substitute “in the |
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| | proceedings the child has proposed the school”. |
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| | 4D (1) | Section 326A (unopposed appeals) is amended as follows. |
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| | (2) | In subsection (1), for paragraph (a) substitute— |
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| | “(a) | the parent of a child, or a child, has appealed to the Tribunal |
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| | under section 325, 328, 329 or 329A or paragraph 8(3) of |
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| | Schedule 27 against a decision of a local authority, and”. |
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| | (a) | after “regulations made” insert “by the Welsh Ministers”, and |
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| | (b) | omit paragraphs (a) and (b). |
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| | 4E (1) | Section 328A (appeal against determination of local authority in England not |
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| | to amend statement following review) is repealed. |
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| | (2) | In consequence of the repeal made by sub-paragraph (1), section 2 of the |
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| | Children, Schools and Families Act 2010 is repealed. |
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| | 4F (1) | Section 329A (review or assessment of educational needs at request of |
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| | responsible body) is amended as follows. |
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| | (a) | after ““Relevant early years education”” insert “has the same meaning |
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| | as it has (in relation to Wales) in section 123 of the School Standards |
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| | and Framework Act 1998 except that it does not include early years |
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| | education provided by a local authority at a maintained nursery |
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| | (b) | omit paragraphs (a) and (b). |
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| | (a) | omit “, in relation to Wales,”, and |
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| | (b) | for “National Assembly for Wales” substitute “Welsh Ministers”. |
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| | (4) | In consequence of the amendments made by sub-paragraph (2), in paragraph |
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| | 22 of Schedule 2 to the Childcare Act 2006, omit sub-paragraph (4). |
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| | (5) | Until the coming into force in relation to Wales of the amendments made by |
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| | paragraph 22(2) and (3) of Schedule 2 to the Childcare Act 2006, section 329A |
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| | of EA 1996 has effect as if for subsection (14) (as amended by sub-paragraph |
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| | (2)) there were substituted— |
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| | “(14) | “Relevant nursery education” has the same meaning as in section 123 |
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| | of the School Standards and Framework Act 1998, except that it does |
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| | not include nursery education provided by a local authority at a |
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| | maintained nursery school.” |
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| | 4G (1) | Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended |
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| | (2) | In subsection (1) omit “Welsh”. |
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| | (3) | In the title omit “Welsh”. |
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| | 4H | In section 332ZB (notice and service of documents on a child in relation to an |
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| | appeal by the child), in subsection (1) omit “in Wales”. |
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| | 4I (1) | Section 332ZC (case friends—Wales) is amended as follows. |
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| | (2) | In subsection (1), in paragraph (a) omit “in Wales”. |
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| | (3) | In subsection (3), in paragraph (a) omit “Welsh”. |
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| | (4) | In the title, omit “—Wales”. |
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| | 4J (1) | Section 332A (advice and information for parents—England) is repealed. |
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| | (2) | In consequence of the repeal made by sub-paragraph (1), section 2 of the |
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| | Special Educational Needs and Disability Act 2001 is repealed. |
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| | (3) | The repeals made by sub-paragraphs (1) and (2) do not affect the application |
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| | for the time being of section 332A to certain local authorities in Wales by |
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| | virtue of article 4(a) of the Education (Wales) Measure 2009 (Commencement |
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| | No 3 and Transitional Provisions) Order 2012 (SI 2012/320). |
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| | 4K (1) | Section 332AA (advice and information— Wales) is amended as follows. |
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| | (2) | In subsection (1) omit “in Wales”. |
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| | (3) | In the title, omit “— Wales”. |
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| | 4L (1) | Section 332B (resolution of disputes—England) is repealed. |
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| | (2) | In consequence of the repeal made by sub-paragraph (1), section 3 of the |
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| | Special Educational Needs and Disability Act 2001 is repealed. |
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| | (3) | The repeals made by sub-paragraphs (1) and (2) do not affect the application |
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| | for the time being of section 332B to certain local authorities in Wales by |
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| | virtue of article 4(b) of the Education (Wales) Measure 2009 (Commencement |
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| | No 3 and Transitional Provisions) Order 2012 (SI 2012/320). |
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| | 4M (1) | Section 332BA (resolution of disputes—Wales) is amended as follows. |
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| | (2) | In subsections (1) and (2) omit “in Wales”. |
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| | (3) | In the title, omit “—Wales”. |
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| | 4N (1) | Section 332BB (independent advocacy services—Wales) is amended as |
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| | (2) | In subsections (1) and (5) omit “in Wales”. |
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| | (3) | In the title, omit “—Wales”. |
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| | 4O (1) | Sections 332C to 332E (information about children in England with special |
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| | educational needs) are repealed, and the cross-heading which precedes section |
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| | (2) | In consequence of the repeals made by sub-paragraph (1), section 1 of the |
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| | Special Educational Needs (Information) Act 2008 is repealed. |
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| | 4P | In the cross-heading which precedes section 333 (Special Educational Needs |
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| | Tribunal) after “Tribunal” insert “for Wales”. |
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| | 4Q (1) | Section 333 (constitution of Welsh Tribunal) is amended as follows. |
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| | (2) | Omit subsection (1ZB). |
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| | (3) | In the following provisions, omit “Welsh”— |
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| | (b) | in subsection (2), paragraphs (a), (b) and (c), |
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| | (c) | in subsection (5), paragraph (a), and paragraph (b) (in the first place it |
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| | (d) | subsection (6) (in the second place it occurs). |
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| | (4) | In the title, omit “Welsh”. |
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| | 4R | In section 335 (remuneration and expenses), in subsection (1) and (2) omit |
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| | “Welsh” (in each case, in the second place it occurs). |
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| | 4S (1) | Section 336 (Tribunal procedure) is amended as follows. |
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| | (1) | In the following provisions omit “Welsh”— |
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| | (a) | subsection (1) (in the second place it occurs), |
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| | (b) | in subsection (2), paragraphs (b), (o) and (p), |
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| | (d) | subsection (3) (in the second place it occurs), and |
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| | (e) | subsection (4) (in the first place it occurs). |
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| | (2) | Omit subsection (5A). |
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| | (3) | In subsection (6) omit “or (5A)”. |
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| | 4T (1) | Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is |
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| | (2) | In the following provisions, omit “Welsh”— |
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| | (a) | subsection (1) (in both places it occurs), |
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| | (3) | In the title, omit “Welsh”. |
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| | 4U | In section 336A (compliance with orders), in subsection (2)— |
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| | (a) | after “made” insert “by the Welsh Ministers with the agreement of the |
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| | Secretary of State.”, and |
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| | (b) | omit paragraphs (a) and (b).’. |
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| Schedule 3, page 139, line 29, at end insert— |
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| | ‘ (1) | Section 348 (provision of special education at non-maintained schools) is |
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| | (2) | In subsection (1) after paragraph (a) (and before the “and” which follows it) |
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| | “(aa) | the child is in the area of a local authority in Wales,”. |
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| | (3) | In the title, at the end insert “—Wales”.’. |
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| Schedule 3, page 140, line 33, at end insert— |
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| | ‘11A (1) | Section 483A (city colleges and academies: special educational needs) is |
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| | (2) | In subsection (2), in paragraph (a) for “a statement is maintained under section |
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| | 324” substitute “an EHC plan or a statement under section 324 is maintained”. |
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| | (3) | In subsection (3), in paragraph (a) for “the statement” substitute “the EHC |
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| | (4) | In subsection (4), in paragraphs (a) and (b) after “specified in” insert “the plan |
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| | 11B | In section 507B (local authorities in England: functions in respect of leisure- |
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| | time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24), |
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| | in subsection (2)(b) after “learning difficulty” insert “or disability”. |
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| | 11C | In section 508F (local authorities in England: provision of transport etc for |
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| | adult learners), in subsection (9) in the definition of “relevant young adult” for |
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| | “who is aged under 25 and is subject to learning difficulty assessment” |
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| | substitute “for whom an EHC plan is maintained”. |
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| | 11D | In the title of section 508I (complaints about transport arrangements etc for |
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| | young adults subject to learning difficulty assessment: England), for “adults |
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| | subject to learning difficulty assessment” substitute “adult for whom EHC plan |
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| | 11E(1) | Section 509AB (local authorities in England: further provision about transport |
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| | policy statements for persons of sixth form age) is amended as follows. |
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| | (2) | In subsection (1) after “difficulties” insert “or disabilities”. |
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| | (3) | In subsection (2)(b) after “difficulties” (in each place it occurs) insert “or |
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| | 11F | In section 509AC (interpretation of sections 509AA and 509AB), in subsection |
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| | (4) after “learning difficulties” insert “or disabilities”. |
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| | 11G(1) | Section 514A (provision of boarding accommodation for persons subject to |
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| | learning difficulty assessment) is amended as follows. |
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| | (a) | after “who is” insert “over compulsory school age and for whom an |
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| | EHC plan is maintained.”, and |
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| | (b) | omit paragraphs (a) and (b). |
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| | (3) | In the title, for “persons subject to learning difficulty assessment” substitute |
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| | “person for whom an EHC plan is maintained”. |
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| | 11H | In section 517 (payment of fees at schools not maintained by a local authority), |
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| | in subsection (1), for “or Part IV (special education needs)” substitute “, Part |
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| | 4 (special education needs) or Part 3 of the Children and Families Act 2013 |
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| | (children and young people in England with special educational needs)”. |
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| | 11I(1) | Section 532A (direct payments: persons with special educational needs or |
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| | subject to learning difficulty assessment) is amended as follows. |
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| | (a) | after “(“the beneficiary”)” insert “for whom the authority maintain an |
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| | (b) | omit paragraphs (a) and (b). |
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| | (a) | for paragraph (a) substitute— |
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| | “(a) | special educational provision specified in the EHC |
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| | (4) | In the title, omit “or subject to learning difficulty assessment”. |
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| | 11J | In section 532B (direct payments: pilot schemes), in subsection (9) for |
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| | paragraph (a) substitute— |
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|