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The Special Educational Needs and Disability Act 2001 (Commencement No. 2) (Wales) Order 2003
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Welsh Statutory Instruments
2003 No. 2532 (W.247) (C.94)
EDUCATION, WALES
The Special Educational Needs and Disability Act 2001 (Commencement No. 2) (Wales) Order 2003
Made
1st October 2003
The National Assembly for Wales, in exercise of the power conferred upon it by section 43(6) and (7) of the Special Educational Needs and Disability Act 2001(1), hereby makes the following Order:
Citation, Application and Interpretation
1.—(1) This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 2) (Wales) Order 2003.
(2) This Order applies only in relation to Wales.
(3) In this Order, unless otherwise stated, references to sections are references to sections of the Special Educational Needs and Disability Act 2001.
Appointed day
2. The day appointed for the coming into force of the provisions specified in the Schedule to this Order is 8th October 2003.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)
D. Elis-Thomas
The Presiding Officer of the National Assembly
1st October 2003
Article 4
SCHEDULEPROVISIONS COMING INTO FORCE ON 8TH OCTOBER 2003
| PROVISION | SUBJECT MATTER |
|---|---|
| Section 14 | Accessibility strategies and plans |
| Section 15 | Accessibility strategies and plans: procedure |
| Section 22 (in so far as it gives the National Assembly power to give directions under section 28M(1) or (3) of the Disability Discrimination Act 1995 or makes provision in relation to such a direction) | Roles of the Secretary of State and the National Assembly |
Explanatory Note
(This note is not part of the Order)
This Order brings into force in Wales on 8th October 2003 the remaining provisions of the Special Educational Needs and Disability Act 2001 which are not in force in Wales at the date of this Order, so that no further Order is required in relation to Wales.
The provisions being brought into force enable the National Assembly for Wales to make regulations and issue guidance in relation to accessibility strategies and plans, under the provisions of Part 2 of the Act (disability discrimination in education).
The provisions also enable the National Assembly for Wales to give local education authorities directions as to the discharge of their duties relating to accessibility strategies and plans or to make provision in relation to such directions.
Note as to Earlier Commencement Orders
(This Note is not part of the Order)
The following provisions of the Special Educational Needs and Disability Act 2001 have been brought into force in relation to Wales by Commencement Orders made before the date of this Order.
| Provision | Date of commencement | S.I. No. |
|---|---|---|
| Section 10 (partially) | 8 December 2001 | 2001/3992 (C. 127) |
| Paragraphs 3 and 14 of Schedule 1 (partially) | 8 December 2001 | 2001/3992 (C. 127) |
| Section 1 (partially) | 21 January 2002 | 2002/74 (W.8) (C.1) |
| Section 8 (partially) | 21 January 2002 | 2002/74 (W.8) (C.1) |
| Section 42(1) (partially) | 21 January 2002 | 2002/74 (W.8) (C.1) |
| Paragraphs 17 and 18 of Schedule 8 (partially) | 21 January 2002 | 2002/74 (W.8) (C.1) |
| Section 4 (to the extent not already in force) | 1 April 2002 | 2001/3992 (C. 127) |
| Section 5 (to the extent not already in force) | 1 April 2002 | 2001/3992 (C. 127) |
| Section 6 | 1 April 2002 | 2001/3992 (C. 127) |
| Section 10 (to the extent not already in force) | 1 April 2002 | 2001/3992 (C. 127) |
| Section 41 | 1 April 2002 | 2001/3992 (C. 127) |
| Section 42(1) (to the extent not already in force) partially | 1 April 2002 | 2001/3992 (C. 127) |
| Section 42(2)—(4) (to the extent not already in force) | 1 April 2002 | 2001/3992 (C. 127) |
| Section 42(6) partially | 1 April 2002 | 2001/3992 (C. 127) |
| Paragraphs 1 to 20 of Schedule 1 (to the extent not already in force) | 1 April 2002 | 2001/3992 (C. 127) |
| In Schedule 8, paragraphs 13(1) to (4) and 15 | 1 April 2002 | 2001/3992 (C. 127) |
| In Schedule 9, the repeals in so far as they relate to Wales of — | 1 April 2002 | 2001/3992 (C. 127) |
| in the Education Act 1996, in section 336(2), paragraph (d) and in section 441(3)(a), the words “in accordance with paragraph 10 of Schedule 27”; and | ||
| in the School Standards and Framework Act 1998, in Schedule 30, paragraph 186(2)(b). | ||
| Section 1 (to the extent not already in force) | 1 April 2002 | 2002/74 (W.8) (C.1) |
| Sections 2 and 3 | 1 April 2002 | 2002/74 (W.8) (C.1) |
| Section 7 | 1 April 2002 | 2002/74 (W.8) (C.1) |
| Section 8 (to the extent not already in force) | 1 April 2002 | 2002/74 (W.8) (C.1) |
| Section 9 | 1 April 2002 | 2002/74 (W.8) (C.1) |
| Section 42(1) (to the extent not already in force) partially | 1 April 2002 | 2002/74 (W.8) (C.1) |
| Section 42(6) partially | 1 April 2002 | 2002/74 (W.8) (C.1) |
| In Schedule 8, paragraphs 1, 5 to 12, 14, 16 to 18 (to the extent not already in force) | 1 April 2002 | 2002/74 (W.8) (C.1) |
| In Schedule 9, the repeals in so far as they relate to Wales of — | 1 April 2002 | 2002/74 (W.8) (C.1) |
| in the Disabled Persons (Services, Consultation and Representation) Act 1986, section 5(1); and | ||
| in the Education Act 1996 — | ||
| in section 325(1), the words “, and of the effect of subsection (2) below”; and | ||
| in Schedule 27, paragraph 3(4), paragraph 8(1)(b)(iii), in paragraph 9(1) the words “amend, or” and “10 or”, and paragraph 10. | ||
| Section 26, for the purpose of allowing the designation of educational institutions pursuant to sections 28R(6)(c) and 28R(7)(e) of the Disability Discrimination Act 1995 | 30 May 2002 | 2002/1647 (C 49) |
| Section 31 | 30 May 2002 | 2002/1647 (C. 49) |
| Section 19 sub-section (1), partially | 1 July 2002 | 2002/1721 (C. 50) |
| In section 36, sub-section (2) and sub-section (1) as far as it relates to sub-section (2) | 1 July 2002 | 2002/1721 (C. 50) |
| Paragraph 13(5) of Schedule 8 | 1 July 2002 | 2002/1721 (C. 50) |
| Sections 11 to 13 inclusive | 1 September 2002 | 2002/2217 (C.71) |
| Sections 16 to 18 inclusive | 1 September 2002 | 2002/2217 (C.71) |
| Section 19 (to the extent not already in force) | 1 September 2002 | 2002/2217 (C.71) |
| Sections 20 and 21 | 1 September 2002 | 2002/2217 (C.71) |
| Section 22 (save in so far as it gives the National Assembly power to give directions under section 28M(1) or (3) of the Disability Discrimination Act 1995 or makes provision in relation to such a direction) | 1 September 2002 | 2002/2217 (C.71) |
| Sections 23 to 25 inclusive | 1 September 2002 | 2002/2217 (C.71) |
| Section 26 (to the extent not already in force) | 1 September 2002 | 2002/2217 (C.71) |
| Section 27 | 1 September 2002 | 2002/2217 (C.71) |
| Section 28 (subject to article 6 of S.I 2002/ 2217(C.71)) | 1 September 2002 | 2002/2217 (C.71) |
| Section 29 | 1 September 2002 | 2002/2217 (C.71) |
| Section 30 2002 | 1 September (C.71) | 2002/2217 |
| Sections 32 to 35 inclusive | 1 September 2002 | 2002/2217 (C.71) |
| Section 36 (to the extent not already in foce) | 1 September 2002 | 2002/2217 (C.71) |
| Sections 37 to 40 inclusive | 1 September 2002 | 2002/2217 (C.71) |
| Section 41 (to the extent not already in force) | 1 September 2002 | 2002/2217 (C.71) |
| Section 42 (to the extent not already in force) | 1 September 2002 | 2002/2217 (C.71) |
| Schedules 2 to 7 inclusive | 1 September 2002 | 2002/2217 (C.71) |
| Schedule 8 (to the extent not already in force) | 1 September 2002 | 2002/2217 (C.71) |
| Schedule 9 (to the extent not already in force) | 1 September 2002 | 2002/2217 (C.71) |
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