# The Additional Learning Needs (List of Independent Special Post-16 Institutions) (Wales) Regulations 2020, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations are made under section 56 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the Act”) and they make provision in relation to the inclusion of an independent special post-16 institution (“ISPI”) within the list (“the ISPI list”) published by the Welsh Ministers under section 56(2) of the Act.
The Regulations details the contents of the ISPI list including certain information relating to the arrangements at the ISPI (regulation 3).
Regulation 4 details how an application may be made to the Welsh Ministers to approve the arrangements at the ISPI.
Regulation 5 details the requirements that must be complied with in order for an ISPI to be included within the ISPI list and regulation 6 details the requirements that need to be complied with for the ongoing inclusion of the ISPI in the ISPI list.
Should a proprietor wish to make changes to the approved arrangements at the ISPI, then the proprietor of the ISPI may apply to the Welsh Ministers for approval of the change (regulation 7).
Regulation 8 provides that a proprietor of an ISPI may apply to the Welsh Ministers for the removal of the ISPI from inclusion in the ISPI list.
Regulation 9 details what the Welsh Ministers may take into account when deciding whether an ISPI should be removed from the ISPI list. If the Welsh Ministers decide that an ISPI should be removed from the ISPI list, they need to inform the proprietor and all Welsh local authorities of that decision (regulation 10).
Regulation 11 details the right of appeal to the First Tier Tribunal in respect of a decision of the Welsh Ministers to refuse to list an ISPI, to remove an ISPI from the ISPI list, not to approve arrangements or a change of arrangements at the ISPI. Regulation 12 details how the Tribunal may determine an appeal made under regulation 11.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Education, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

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Source: https://www.legislation.gov.uk/wsi/2020/1367/note (the official version)
Page: https://openlegislation.uk/additional-learning-needs-list-of-independent-special-post-16-institutions-wales-regulations-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.