(1) A child [F420 in the area of a local authority in Wales F420] has “special educational needs” for the purposes of this Act if he has a learning difficulty which calls for special educational provision to be made for him.
(2) Subject to [F421 subsections (3) and (3A) F421] a child [F422 in the area of a local authority in Wales F422] has a “learning difficulty” for the purposes of this Act if—
(a)he has a significantly greater difficulty in learning than the majority of children of his age,
(b)he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the [F6 local authorityF6] , or
(c)he is under [F423 compulsory school ageF423] and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of F424. . . that age.
(3)A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
[F425 (3A)Subsection (2) does not apply—
(a)for the purposes of sections F426... , 15A [F427 and 15BF427] , or
(b)for the purposes of sections 18A and 562H (except for the purpose of [F428 a local authority in WalesF428] determining, for the purposes of those sections, whether a child has special educational needs).F425]
(4) In this Act “special educational provision” means—
(a)in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the [F6 local authorityF6] (other than special schools) F429. . ., and
(b)in relation to a child under that age, educational provision of any kind.
(5)In this Part—