7. The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021

Part of the debate – in the Senedd at 5:09 pm on 13 July 2021.

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Photo of Jeremy Miles Jeremy Miles Labour 5:09, 13 July 2021

The Government originally proposed to deal with this via the correction slip method available in some circumstances. However, instead, I propose to replace 'section 13(7)' with 'section 13(1)' on making the regulations, should these be approved by the Senedd today. I am happy to make it clear that there is no substantive change in effect to the regulations and it does not change the meaning of the legislation. However, I do believe that it should be corrected to avoid misleading readers, and it is better to make the law, obviously, correctly in the first place than to rely on remedies that are available at a later date. Members will also wish to note that the explanatory memorandum has been amended to reflect incorrect references that were noticed post laying, including that in the committee's report. These have now been corrected.

In terms of the regulations themselves, the provisions in these regulations make consequential amendments to a number of other enactments. Most of the primary legislation that we are seeking to amend relates directly to education, such as the Education Acts of 1997, 2002 and 2005. However, we are also seeking to amend legislation that covers broader areas, including the Local Government Act 1974 and the Wales Act 2017, such will be the impact of the reforms to the special educational needs system. 

It is important to note that these regulations, if passed, will make only minor or technical changes to existing legislation that are necessary to enable the ALN system to function as intended. These amendments do not have any impact on the policy intent of the ALNET Act, the ALN code or other ALN-related regulations, nor will there be any costs associated with implementing these regulations.

Most of these amendments will update soon-to-be outdated terminology found in other Acts, such as changing 'special educational needs' to 'additional learning needs'. The name of the tribunal that deals with appeals against certain decisions about a child or young person and their education will also change from the Special Educational Needs Tribunal for Wales, SENTW, to the Education Tribunal for Wales. 

The reforms to the SEN system have, of course, been a long time coming. I'm grateful to my predecessors for taking through these important pieces of legislation, and now invite Members to support these consequential amendments ahead of the beginning of our phased implementation. Diolch.