SCHEDULES
SCHEDULE 3Special educational needs: consequential amendments
PART 1Amendments to the Education Act 1996
I159
In section 579 (general interpretation)—
a
in subsection (1), after the definition of “education functions” insert—
“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;
b
in subsection (1), after the definition of “school year” insert—
“special educational needs”—
a
in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;
b
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;
“special educational provision”—
a
in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;
b
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);
c
after subsection (1) insert—
1A
For the purposes of this Act a person is subject to learning difficulty assessment if—
a
an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or
b
arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made.
d
before subsection (4) insert—
3A
References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales.
3B
References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England.