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Regulation 2 InterpretationI1

England and Wales

(1)

In these Regulations—

  • F1“the 2021 Act” (“Deddf 2021”) means the Curriculum and Assessment (Wales) Act 2021;

  • “the Act” (“y Ddeddf”) means the Education Act 1996;

  • “annual review” (“adolygiad blynyddol”) means a review of a child’s statement of special educational needs carried out within 12 months of making the statement or the previous review under section 328(5)(b) of the Act;

  • “assessment” (“asesiad”) means an assessment of a child’s educational needs under section 323 of the Act;

  • F2“authority” means a local authority;

  • “Careers Service” (“Gwasanaeth Gyrfaoedd”) means a body (whether or not having a distinct legal personality) established to provide careers services under sections 8 to 10 of the Employment and Training Act 1973f1;

  • “early education provider” (“darparydd addysg gynnar”) means a provider of relevant nursery education except that it shall not include an authority in respect of a maintained nursery school;

  • “head of SEN” (“pennaeth AAA”) means the person responsible for co-ordinating the day to day provision of education for pupils with special educational needs;

  • “head teacher” (“pennaeth”) includes any person to whom the duties or functions of a head teacher under these Regulations have been delegated by the head teacher in accordance with regulation 3;

  • “health authority” (“awdurdod iechyd”) has the same meaning as in the National Health Service Act 1977 f2;

  • “the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

  • “parent partnership services” (“gwasanaethau partneriaeth rhieni”) means the arrangements made by an authority under section 332A of the Act for the provision of advice and information about matters relating to special educational needs to parents of children with special educational needs;

  • F3...f3

  • F4“social worker” means a person employed or engaged by the authority as a social worker;

  • “statement” (“datganiad”) means a statement of a child’s special educational needs made under section 324 of the Act;

  • “target” (“targed”) means the knowledge, skills and understanding which a child is expected to have by the end of a particular period;

  • “tenth year of compulsory education” (“degfed flwyddyn o addysg orfodol”) means the ninth school year after the school year in which a child reaches compulsory school age;

  • “transition plan” (“cynllun trosiannol”) means a document which sets out the appropriate arrangements for a young person during the period beginning with the commencement of the tenth year of compulsory education and ending when aged 19 years, including arrangements for special educational provision and for any other necessary provision, for suitable employment and accommodation and for leisure activities, and which will facilitate a satisfactory transition from childhood to adulthood;

  • “Tribunal” (“Tribiwnlys”) means the Special Educational Needs Tribunal having the jurisdiction granted to it by section 333 of the Act;

  • “working day” (“diwrnod gwaith”) means a day other than a Saturday, Sunday, Christmas Day, Good Friday or Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971f4;

  • “the 1994 Regulations” (“Rheoliadau 1994”) means the Education (Special Educational Needs) Regulations 1994f5.

(2)

The expressions used in these Regulations set out in the first column of the table below have the meaning given by (or, as the case may be, are to be interpreted in accordance with), the provisions referred to in the second column of that table:

“compulsory school age” (“oedran ysgol gorfodol”)Section 5 of the Act
“maintained school” (“ysgol a gynhelir”)Section 312 of the Act
“parent” (“rhiant”)Section 576 of the Act
“qualified teacher” (“athro neu athrawes gymwysedig”)Section 218 of the Education Reform Act 1988f6
“relevant nursery education” (“addysg feithrin berthnasol”)Section 509A(5) of the Act
“responsible body” (“corff cyfrifol”)Section 329A(13) of the Act
“school day” (“diwrnod ysgol”)Section 579(1) of the Act
“school year” (“blwyddyn ysgol”)Section 579(1) of the Act
“special school” (“ysgol arbennig”)Section 337 of the Act
“young offender institution” (“sefydliad tramgwyddwyr ifanc”)Section 43 of the Prison Act 1952f7
(3)

In these Regulations any reference to the health authority F5... is, in relation to a particular child, a reference to the health authority ... in whose area that child lives.

(4)

Where a thing is required to be done under these Regulations—

(a)

within a period after an action is taken, the day on which that action was taken shall not be counted in the calculation of that period, and

(b)

within a period and the last day of that period is not a working day, the period shall be extended to include the following working day.

(5)

Unless the context otherwise requires references in these Regulations—

(a)

to a section are references to a section of the Act;

(b)

to a Schedule are references to a Schedule of the Act;

(c)

to a regulation are references to a regulation in these Regulations.

Annotations

Textual amendments

F1

Words in reg. 2 inserted (1.9.2022) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 3) Regulations 2022 (S.I. 2022/758), regs. 1(2), 6(2)

F2

Words in reg. 2(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 8(2)(a)(i)

F3

Words in reg. 2(1) omitted (5.5.2010) by virtue of The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 8(2)(a)(ii)

F4

Words in reg. 2(1) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 8(2)(a)(iii)

F5

Words in reg. 2(3) omitted (5.5.2010) by virtue of The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 (S.I. 2010/1142), art. 1(1), Sch. 1 para. 8(2)(b)

Commencement

I1

Reg. 2 in force at 1.4.2002, see reg. 1(2)

Footnotes

f1

1973 c. 50. Sections 8, 9 and 10 were substituted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 45.

f2

1977 c. 49. Amended by the Health Authorities Act 1995 (c. 17) and the Health Act 1999 (c. 32).

f3

1970 c. 42. Section 1A was inserted by the Local Government Act 2000 (c. 22), s102(3).

f4

1971 c. 80.

f5

S.I. 1994/1047.

f6

1988 c. 40.

f7

1952 c. 52.