{
  "url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018-commencement-no-9-and-transitional-and-saving-provisions-order-2022/article-9",
  "json_url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018-commencement-no-9-and-transitional-and-saving-provisions-order-2022/article-9.json",
  "legislation": "wsi/2022/892",
  "legislation_title": "The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 9 and Transitional and Saving Provisions) Order 2022",
  "legislation_url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018-commencement-no-9-and-transitional-and-saving-provisions-order-2022",
  "path": "article/9",
  "kind": "article",
  "number": "9",
  "heading": "Duty to give a notice",
  "text": "(1) Where a local authority has served a notice under section 323 of the 1996 Act, and that assessment has not commenced by 1 September 2022, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent as soon as reasonably practicable after 1 September 2022.\n(2) Where a request is made under section 329 or 329A of the 1996 Act and on 1 September 2022 the local authority has not determined whether to comply with the request, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent as soon as reasonably practicable after 1 September 2022.\n(3) Where a local authority is conducting an assessment under section 323 or 331 of the 1996 Act on 1 September 2022, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent as soon as reasonably practicable after 1 September 2022.\n(4) Where the period for bringing an appeal under section 325(2), 329(2) or 329A(8) of the 1996 Act has not expired on 1 September 2022, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent as soon as reasonably practicable after 1 September 2022.\n(5) Where an appeal has been made to the Tribunal under section 325(2), 329(2) or 329A(8) of the 1996 Act and that appeal is ongoing on 1 September 2022, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent as soon as reasonably practicable after that appeal is finally determined.\n(6) Where a local authority must make a statement under section 324 of the 1996 Act and on 1 September 2022 the making of the statement has not commenced or the statement has not been made, the appropriate local authority must either give an IDP notice or a No IDP notice to the child and the child’s parent as soon as reasonably practicable after 1 September 2022.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 9 in force at made date"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2022/892/article/9",
    "retrieved_at": "2026-10-28T23:06:15.620539+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}