OpenLegislation

Section 2 Additional learning needsI1I2I3I4I5I6I7I8I9I10I11I12I13I14

England and Wales

(1)

A person has additional learning needs if he or she has a learning difficulty or disability (whether the learning difficulty or disability arises from a medical condition or otherwise) which calls for additional learning provision.

(2)

A child of compulsory school age or person over that age has a learning difficulty or disability if he or she—

(a)

has a significantly greater difficulty in learning than the majority of others of the same age, or

(b)

has a disability for the purposes of the Equality Act 2010 (c. 15) which prevents or hinders him or her from making use of facilities for education or training of a kind generally provided for others of the same age in mainstream maintained schools or mainstream institutions in the further education sector.

(3)

A child under compulsory school age has a learning difficulty or disability if he or she is, or would be if no additional learning provision were made, likely to be within subsection (2) when of compulsory school age.

(4)

A person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been used at home.

(5)

This section applies for the purposes of this Act.

Annotations

Commencement

I1

S. 2 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 3, 4 (as amended by S.I. 2021/938, art. 2(3))

I2

S. 2 in force at 1.9.2021 for specified purposes by S.I. 2021/373, arts. 6, 7 (as amended by S.I. 2021/938, art. 2(4)(5))

I3

S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(a), 4 (with art. 1(4))

I4

S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(a) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; (10.6.2022) by S.I. 2022/663, art. 3 and (21.8.2023) by S.I. 2023/932, art. 3)

I5

S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(a) (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2; (10.6.2022) by S.I. 2022/663, art. 2 and (21.8.2023) by S.I. 2023/932, art. 2)

I6

S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(a) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I7

S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(a) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I8

S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(a)

I9

S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(a) (with arts. 2, 4-18)

I10

S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I11

S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(a), 3

I12

S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(a) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I13

S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(a), 4

I14

S. 2 in force at 1.9.2025 for specified purposes by S.I. 2022/893, art. 2(a) (with art. 1(2))