OpenLegislation

Section 41 Circumstances in which the duty in section 40(2) does not applyI1I2I3I4I5I6I7I8I9I10I11I12I13I14I15I16

England and Wales

(1)

The duty in section 40(2) does not apply if either of the circumstances in subsection (2) apply.

(2)

The circumstances are—

C1(a)

the detained person is a young person who does not consent to a decision under section 40(2)(a) being made or to a plan being prepared;

(b)

the home authority has previously decided whether the detained person has additional learning needs and it is satisfied that—

(i)

the detained person's needs have not changed materially since that decision was made, and

(ii)

there is no new information that materially affects a decision under section 40(2)(a) or (b).

Annotations

Modifications

C1

S. 41(2)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401), regs. 1(2), 38(c)

Commencement

I1

S. 41 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. 41 in force at 1.9.2021 for specified purposes by S.I. 2021/373, art. 5

I3

S. 41 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))

I4

S. 41 in force at 1.1.2022 for specified purposes by S.I. 2021/1244, art. 3(e) (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3; and (10.6.2022) by S.I. 2022/663, art. 3; and (21.8.2023) by S.I. 2023/932, art. 3)

I5

S. 41 in force at 1.1.2022 for specified purposes by S.I. 2021/1243, art. 3(e) (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. 41 in force at 1.1.2022 for specified purposes by S.I. 2021/1245, arts. 3(e), 4 (with art. 1(4))

I7

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/892, art. 3(e) (with arts. 2, 4-18)

I8

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 3 (with art. 1(2))

I9

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/896, art. 3(e) (with arts. 4-22) (as amended (21.8.2023) by S.I. 2023/932, art. 5)

I10

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/894, art. 3(e)

I11

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/897, art. 3(e) (with arts. 1(8), 4-21) (as amended (21.8.2023) by S.I. 2023/932, art. 6)

I12

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/895, arts. 3(e), 4

I13

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/893, art. 4 (with art. 1(2))

I14

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/891, art. 3(e) (with arts. 4-25) (as amended (21.8.2023) by S.I. 2023/932, art. 4)

I15

S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/898, arts. 2(e), 3

I16

S. 41 in force at 1.9.2025 for specified purposes by S.I. 2022/893, art. 2(e) (with art. 1(2))