{
  "url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018/section-5",
  "json_url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018/section-5.json",
  "legislation": "anaw/2018/2",
  "legislation_title": "Additional Learning Needs and Education Tribunal (Wales) Act 2018",
  "legislation_url": "https://openlegislation.uk/additional-learning-needs-and-education-tribunal-wales-act-2018",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Procedure for making the code",
  "text": "(1) Before issuing or revising a code under section 4, the Welsh Ministers must consult the following persons on a draft of the code—\n(a) each local authority;\n(b) the governing body of each maintained school in Wales;\n(c) the governing body of each institution in the further education sector in Wales;\n(d) Her Majesty's Chief Inspector of Education and Training in Wales;\n(da) the Commission for Tertiary Education and Research;\n(e) the Children's Commissioner for Wales;\n(f) the Welsh Language Commissioner;\n(g) the relevant committee of the National Assembly for Wales with remit for the education of children and young persons;\n(h) any other person the Welsh Ministers consider appropriate.\n(2) If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales.\n(3) The Welsh Ministers must not issue a code unless a draft of it is approved by a resolution of the National Assembly for Wales.\n(4) If the National Assembly for Wales resolves to approve a draft of the code—\n(a) the Welsh Ministers must issue the code in the form of the draft, and\n(b) the code comes into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.\n(5) An order under subsection (4)(b) may—\n(a) appoint different days for different purposes;\n(b) make transitory, transitional or saving provision in connection with the coming into force of a provision in the code.\n(6) References in this section to a code include a revised code.\n(7) The requirement to consult imposed by subsection (1) may be satisfied by consultation undertaken before the coming into force of this Part.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 5(1)(da) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 39(3) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xlv)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 5 in force at 2.11.2020 by S.I. 2020/1182, reg. 2(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/anaw/2018/2/section/5",
    "retrieved_at": "2026-10-29T20:18:08.644876+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."
}