8., 9., 10. & 11. The Additional Learning Needs Code for Wales 2021, The Additional Learning Needs (Wales) Regulations 2021, The Equality Act 2010 (Capacity of parents and persons over compulsory school age) (Wales) Regulations 2021 and The Education Tribunal for Wales Regulations 2021

Part of the debate – in the Senedd at 6:16 pm on 23 March 2021.

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Photo of Mick Antoniw Mick Antoniw Labour 6:16, 23 March 2021

In response to our reporting point, the Welsh Government has confirmed that it did undertake an equality impact assessment as part of the integrated impact assessment for the package of regulations that are before us today. The Welsh Government has also provided details of where the summary of that integrated impact assessment can be found on its web pages, for which we are grateful.

Turning now to the education tribunal regulations, our report on the regulations contains five technical points and one merits point. Dealing with the merits point first, our report notes that these regulations, which come into force on 1 September 2021, contain references to provisions in the Additional Learning Needs and Education Tribunal (Wales) Act 2018 that have not yet been commenced. The relevant provisions of the 2018 Act will therefore need to be brought into force by 1 September by the Welsh Ministers in order for the relevant provisions of these regulations to operate effectively.

Four of our technical reporting points relate to issues of possible defective drafting. The Welsh Government has looked into our concerns and, in its view, it does not consider that any of the four points we raise do amount to defective provisions in the regulations. Our fifth technical reporting point noted that while regulation 64 is included under the general heading of 'children who lack capacity and case friends', regulation 64 does not appear to be related to this heading. We suggested that regulation 64 relates instead to recommendations of the education tribunal to an NHS body. While we accept that headings in regulations do not have legal effect, we raised this point in the event that there may be confusion for the reader. In response, the Welsh Government has confirmed that it will seek to remedy this matter via a correction slip. Diolch, Llywydd.