Education (Wales) Measure 2009

Legislation Crest

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Education (Wales) Measure 2009

2009 nawm 5

A Measure of the National Assembly for Wales to make provision for children to have a right of appeal in respect of special educational needs, and a right to make a claim in respect of disability discrimination in schools, to the Special Educational Needs Tribunal for Wales; to make provision for the following in relation to special educational needs and disability discrimination in schools: advice and information services, arrangements for dispute resolution other than by appeals and claims to the Special Educational Needs Tribunal for Wales, and independent advocacy services; to make provision for piloting of the provisions of Part 1 of this Measure; to make provision about the curriculum in schools in Wales; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 3 November 2009 and approved by Her Majesty in Council on 9 December, enacts the following provisions:—

PART 1WEDUCATION APPEALS AND CLAIMS BY CHILDREN

Special educational needs appealsW

1Right of a child to appeal in respect of special educational needsW

2Notice and service of documentsW

3Case friendsW

4Advice and informationW

5Resolution of disputesW

6Independent advocacy servicesW

7Tribunal procedureW

8Procedures for making regulationsW

Disability discrimination claimsW

[F29Right of a child to make a disability discrimination claimW

[F310[F3Time for bringing proceedings]W

[F411[F4Tribunal procedure]W

[F512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F613[F6Advice and information]W

[F714[F7Resolution of disputes]W

[F815[F8Independent advocacy services]W

[F916[F9Role of Welsh Ministers]W

PilotingW

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Future repeal and re-enactment of the Disability Discrimination Act 1995W

20Powers on repeal and re-enactment of the Disability Discrimination Act 1995W

PART 2 WMISCELLANEOUS AND GENERAL

Amendments to Part 7 of the Education Act 2002W

21Foundation phaseW

Amendments to the Learning and Skills Act 2000W

22Local curriculum entitlements for students aged 16 to 18W

GeneralW

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27Short titleW

(introduced by section 23)

SCHEDULEWMINOR AND CONSEQUENTIAL AMENDMENTS

Education Act 1996 (c. 56)W

1WAmend the Education Act 1996 as follows.

2WIn section 326(4) (appeal against contents of the statement)—

(a)in paragraph (b), omit the full stop and after “school” insert “ , or ”;

(b)after paragraph (b) insert—

(c)in the case of proceedings relating to a statement maintained by a [F1local authority] in Wales only, the child has proposed the school in the proceedings (whether or not the parent, the [F1local authority] or both have also proposed the school)..

3WIn section 326A (unopposed appeals), in subsection (1)(a), for “the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a [F1local authority], and” substitute— either—

(i)the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a [F1local authority] in England or Wales, or

(ii)the child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a [F1local authority] in Wales, and.

4WIn section 333 (constitution of Welsh Tribunal), in subsection (1ZB), for “this section and sections 334 to 336ZB” substitute “ this Part ”.

5WIn Schedule 27 (making and maintenance of statements under section 324)—

(a)in paragraph 8(1)(b)(iv), for “the parent has appealed” substitute “ there is an appeal ”;

(b)in paragraph 11(4), for “the parent of the child appeals” substitute “ there is an appeal ”;

(c)in paragraph 11(5)(a), for “the parent of the child has appealed” substitute “ there has been an appeal ”.

Disability Discrimination Act 1995 (c. 50)W

6WAmend the Disability Discrimination Act 1995 as follows.

7WIn section 28G (residual duty: supplementary provisions), in subsection (5), after “28I,” insert “ 28IA, ”.

8WIn section 28P (validity and revision of agreements of responsible bodies) in subsection (2)(a), after “28I” insert “ , 28IA ”.

9WIn Schedule 3 (enforcement and procedure), Part 3 (discrimination in schools)—

(a)in paragraph 9 (restriction on proceedings for breach of Part 4, Chapter 1), in sub-paragraph (1), after “28I,” insert “ 28IA, ”;

(b)in paragraph 10 (period within which proceedings may be brought), in sub-paragraph (1), after “28I” insert “ or section 28IA ”;

(c)in paragraph 10(2)—

(i)after “28I” insert “ or section 28IA ”;

(ii)before “section 27 of the Equality Act 2006” insert “ section 28ID of this Act or ”;

(d)in paragraph 10(3), after “28I” insert “ or section 28IA ”;

(e)in paragraph 11 (evidence) in sub-paragraph (1B), after “28I,” insert “ 28IA, ”.

Education and Inspections Act 2006 (c. 40)W

10WSection 162 of the Education and Inspections Act 2006 is amended as follows.

11WFor subsection (5A) substitute—

(5A)The Welsh Ministers may by order—

(a)make such provision as appears to them to be appropriate for the purpose of—

(i)repealing any reference in a Measure of the National Assembly for Wales to a local education authority (however expressed), and

(ii)replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;

(b)make such provision as appears to them to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a).

(5B)An order under subsection (5A) may make provision modifying any enactment whenever passed or made, and may, in particular, make provision of the kind specified in paragraphs (a) to (e) of subsection (2)..

After subsection (6) insert—W

12(7)In interpreting paragraphs (a) to (e) of subsection (2) for the purposes of subsection (5B), “statutory provision” also includes any provision of a Measure of the National Assembly for Wales, including any Measure passed after the Education (Wales) Measure 2009..