Curriculum and Assessment (Wales) Act 2021
- (a) at another pupil referral unit, or
- (b) otherwise than at a pupil referral unit or a maintained school or maintained nursery school.
- (5) This section applies to a child if the child—
- (a) is not above compulsory school age, and
- (b) is of a description specified in the regulations.
- (6) Regulations under this section may also make provision for and in connection with the making, and implementation, of arrangements for assessing the following matters—
- (a) the progress made by children to whom this section applies;
- (b) the next steps in their progression;
- (c) the teaching and learning needed to make that progress.
- (7) The regulations may—
- (a) confer functions on a person within subsection (8);
- (b) apply a provision made by or under this Act in respect of children to whom this section applies, with or without modifications;
- (c) provide for a provision made by or under this Act, that would otherwise apply in respect of those children, not to do so.
- (8) The persons are—
- (a) the head teacher of a maintained school or a maintained nursery school;
- (b) the governing body of a maintained school or a maintained nursery school;
- (c) the teacher in charge of a pupil referral unit;
- (d) the management committee for a pupil referral unit;
- (e) a person who provides teaching and learning for a child otherwise than at a maintained school, maintained nursery school or pupil referral unit by virtue of arrangements made under section 19A of the Education Act 1996;
- (f) a provider of funded non-maintained nursery education;
- (g) a local authority in Wales.
Power to apply Act to detained children and detained young persons
70
- (1) Regulations may apply provisions of this Act, with or without modifications, to—
- (a) detained children in Wales of a description specified in the regulations, and
- (b) detained young persons in Wales of a description specified in the regulations.
- (2) In this section, a detained child or detained young person means a child or young person who is detained in pursuance of—
- (a) an order made by a court, or
- (b) an order of recall made by the Secretary of State.
Guidance
Duty to have regard to guidance
71
- (1) The Welsh Ministers may issue guidance in relation to the exercise of functions conferred by or under this Act.
- (2) Before issuing guidance under this section, the Welsh Ministers must consult the persons they think appropriate (if any).
- (3) In exercising their functions, the following persons must have regard to any guidance issued by the Welsh Ministers under this section—
- (a) the head teacher of a maintained school or a maintained nursery school;
- (b) the governing body of a maintained school or a maintained nursery school;
- (c) a provider of funded non-maintained nursery education;
- (d) the teacher in charge of a pupil referral unit;
- (e) the management committee for a pupil referral unit;
- (f) a person who provides teaching and learning for a child, otherwise than at a maintained school, maintained nursery school or pupil referral unit, by virtue of arrangements made under section 19A of the Education Act 1996 (c. 56);
- (g) a local authority in Wales.
PART 7 — GENERAL
Status of this Act as an Education Act
72
This Act is to be included in the list of Education Acts in section 578 of the Education Act 1996 (c. 56).
Minor and consequential amendments and repeals
73
Schedule 2 contains minor and consequential amendments and repeals.
Power to make additional provision to give full effect to this Act etc
74
- (1) Regulations may make—
- (a) any supplementary, incidental or consequential provision, or
- (b) any transitory, transitional or saving provision,
that the Welsh Ministers think necessary or appropriate for the purposes of giving full effect to, or in consequence of, any provision made by or under this Act.
- (2) Regulations under subsection (1) may modify this Act or any other enactment (whenever enacted or made).
Regulations
75
- (1) A power to make regulations under this Act—
- (a) is exercisable by statutory instrument, and
- (b) includes power to make different provision for different purposes.
- (2) A statutory instrument containing—
- (a) regulations under section 5, 31 or 48, or
- (b) regulations under section 74 that amend or repeal any enactment contained in primary legislation,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
- (3) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.
- (4) In subsection (2), “primary legislation” means—
- (a) an Act of Senedd Cymru;
- (b) an Assembly Measure;
- (c) an Act of Parliament.
The What Matters Code and the Progression Code: procedure
76
- (1) This section applies to—
- (a) the What Matters Code;
- (b) the Progression Code.
- (2) Before issuing or revising the Code, the Welsh Ministers must—
- (a) consult the persons they think appropriate (if any), and
- (b) lay before Senedd Cymru a draft of the proposed Code (or, in the case of revisions, of the proposed revised Code).
- (3) If, before the end of the 40 day period, the Senedd resolves not to approve a draft laid before it under subsection (2)(b), the Welsh Ministers must not issue the Code or revised Code in the form of that draft (or in any other form, unless a draft of that other form is laid before the Senedd under subsection (2)(b)).
- (4) If no such resolution is made before the end of that period in respect of a draft laid before the Senedd under subsection (2)(b), the Welsh Ministers must issue the Code (or revised Code) in the form of the draft.
- (5) The 40 day period, in relation to a draft—
- (a) begins with the day on which the draft is laid before the Senedd under subsection (2)(b), and
- (b) does not include any period during which the Senedd is dissolved, or is in recess for more than four days.
- (6) Where the Welsh Ministers consult any persons about a Code referred to in subsection (1) before this section comes into force, that consultation is to be treated as fulfilling the duty in subsection (2)(a) in relation to that Code.
The RSE Code: procedure
77
- (1) Before issuing or revising the RSE Code, the Welsh Ministers must—
- (a) consult the persons they think appropriate (if any), and
- (b) lay before Senedd Cymru a draft of the proposed Code (or, in the case of revisions, of the proposed revised Code).
- (2) The Welsh Ministers must not issue the RSE Code (or the revised RSE Code) unless a draft of the proposed Code (or of the proposed revised Code)—
- (a) has been laid before the Senedd under subsection (1)(b), and
- (b) has been approved by a resolution of the Senedd.
- (3) If the Senedd resolves to approve a draft laid before it under subsection (1)(b), the Welsh Ministers must issue the RSE Code (or the revised RSE Code) in the form of the draft.
- (4) Where the Welsh Ministers consult any persons about the RSE Code before this section comes into force, that consultation is to be treated as fulfilling the duty in subsection (1)(a).
Written information, notices and directions
78
- (1) This section applies where provision made by or under this Act—
- (a) requires information to be given to a person in writing,
- (b) requires a written notice to be given to a person, or
- (c) requires or authorises a direction to be given to a person.
- (2) The information, notice or direction may be given to the person—
- (a) by delivering it to the person,
- (b) by leaving it at the person's proper address,
- (c) by sending it by post to the person's proper address, or
- (d) if the condition in subsection (3) is met, by sending it electronically to the person's proper address,
and the references in subsections (4) to (6) to giving information or a notice or a direction are references to giving it in one of the ways specified in paragraphs (a) to (d).
- (3) The condition in this subsection is met if the person to whom the information, notice or direction is to be given—
- (a) has agreed that it may be sent electronically, and
- (b) has provided an address suitable for that purpose.
- (4) The information, notice or direction may be given to a body corporate by giving it to the secretary or clerk of that body.
- (5) The information, notice or direction may be given to a partnership by giving it to—
- (a) a partner in the partnership, or
- (b) a person having the control or management of the partnership business.
- (6) The information, notice or direction may be given to any other unincorporated body by giving it to a member of the governing body of the unincorporated body.
- (7) For the purposes of subsection (2)(b) and (c) and section 13(1) of the Legislation (Wales) Act 2019 (anaw 4) (service of documents), the proper address of a person is—
- (a) in the case of a head teacher, the address of the school;
- (b) in the case of a teacher in charge of a pupil referral unit, the address of the pupil referral unit;
- (c) in the case of a body corporate, the address of the registered or principal office of the body;
- (d) in the case of a partnership, or any other unincorporated body, the address of the principal office of the partnership or body;
- (e) in the case of a person to whom the information or notice is given in reliance on any of subsections (4) to (6), the proper address of the body corporate, partnership or other unincorporated body in question;
- (f) in any other case, the last known address of the person.
- (8) For the purposes of subsection (2)(d) and section 13(2) of the Legislation (Wales) Act 2019, the proper address of a person is the address provided by that person in accordance with subsection (3)(b).
- (9) In the case of—
- (a) a company registered outside the United Kingdom,
- (b) a partnership carrying on business outside the United Kingdom, and
- (c) any other unincorporated body with offices outside the United Kingdom,
the references in subsection (7) to its principal office include references to its principal office within the United Kingdom (if any).
Meaning of “maintained school”, “maintained nursery school” and associated expressions
79
- (1) In this Act—
- (a) “maintained school” means—
- (i) a community, foundation or voluntary school maintained by a local authority in Wales, or
- (ii) a community special school maintained by a local authority in Wales, other than a community special school established in a hospital;
- (b) “maintained nursery school” means a nursery school which is maintained by a local authority in Wales and is not a special school.
- (2) In this Act, the following expressions have the same meaning as in the School Standards and Framework Act 1998 (c. 31)—
- “community school” (“ysgol gymunedol”)
- “community special school” (“ysgol arbennig gymunedol”)
- “foundation school” (“ysgol sefydledig”)
- “voluntary aided school” (“ysgol wirfoddol a gynorthwyir”)
- “voluntary controlled school” (“ysgol wirfoddol a reolir”)
- “voluntary school” (“ysgol wirfoddol”).
Meaning of “funded non-maintained nursery education” and associated expressions
80
- (1) In this Act—
- (a) “funded non-maintained nursery education” means nursery education that is provided—
- (i) by a person other than the governing body of a maintained school or maintained nursery school,
- (ii) under arrangements made between that person and a local authority in Wales, in the exercise of its duty to secure nursery education under section 118 of the School Standards and Framework Act 1998 (c. 31), and
- (iii) in consideration of financial assistance provided by the authority under the arrangements;
- (b) “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age.
- (2) In this Act—
- (a) a provider of funded non-maintained nursery education is a person with whom arrangements are made by a local authority in the exercise of its duty to secure nursery education under section 118 of the School Standards and Framework Act 1998, and
- (b) a local authority that secures funded non-maintained nursery education is a local authority by which arrangements of that description are made for that education.
Meaning of “pupil referral unit” and associated expressions
81
- (1) In this Act, “pupil referral unit” has the meaning given by section 19A(2) of the Education Act 1996 (c. 56) (exceptional provision of education in pupil referral units or elsewhere: Wales).
- (2) In this Act—
- (a) the local authority, in relation to a pupil referral unit, means the local authority that maintains the unit, and
- (b) the management committee, in relation to a pupil referral unit, means the committee (if there is one) established to act as the management committee for the unit under regulations made under Schedule 1 to the Education Act 1996.
General interpretation
82
- (1) In this Act—
- “class” (“dosbarth”), in relation to a pupil, means—the teaching group in which the pupil is regularly taught, orwhere there are two or more such groups, the group designated by the head teacher of the school;
- “modify” (“addasu”), in relation to an enactment, includes amend, repeal or revoke;
- “regulations” (“rheoliadau”) means regulations made by the Welsh Ministers.
- (2) Other expressions in this Act that are defined in, or given a meaning by, the Education Act 1996 (c. 56) have the same meaning as in that Act.
- (3) But where for the purposes of this Act an expression is given (either by this Act or by the Legislation (Wales) Act 2019 (anaw 4)) a meaning different from that given to it for the purposes of the Education Act 1996, that meaning applies for the purposes of that provision instead of the one given for the purposes of the 1996 Act.
Index of expressions defined in this Act
83
The Table below lists provisions in this Act that define or otherwise explain expressions used in this Act.
Coming into force
84
- (1) This Part comes into force on the day after the day on which this Act receives Royal Assent.
- (2) The other provisions of this Act come into force on whatever day or days the Welsh Ministers may appoint by order.
- (3) The Welsh Ministers may appoint different days under subsection (2) for different purposes.
- (4) An order under subsection (2)—
- (a) is to be made by statutory instrument, and
- (b) may make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.
Short title
85
The short title of this Act is the Curriculum and Assessment (Wales) Act 2021.
SCHEDULE 1
PART 1 — CURRICULUM DESIGN
Application
1
This Part applies for the purposes of section 24(3) (provision for teaching and learning encompassing the mandatory element of Religion, Values and Ethics).
Community schools and foundation and voluntary schools without a religious character
2
- (1) This paragraph applies to—
- (a) a community school;
- (b) a foundation or voluntary school without a religious character.
- (2) The provision must have been designed having regard to the agreed syllabus.
Foundation and voluntary controlled schools that have a religious character
3
- (1) This paragraph applies to a foundation or voluntary controlled school that has a religious character.
- (2) The provision must have been designed having regard to the agreed syllabus.
- (3) Sub-paragraph (4) applies in those cases where that provision does not accord—
- (a) with any provisions of the school's trust deed that relate to teaching and learning in respect of the mandatory element of Religion, Values and Ethics, or
- (b) if there are no such provisions, with the tenets of the religion or religious denomination specified in relation to the school in an order under section 68A of the School Standards and Framework Act 1998 (c. 31).
- (4) In those cases, the curriculum must also make additional provision for teaching and learning encompassing the mandatory element of Religion, Values and Ethics that does accord with those provisions or (as the case may be) tenets.
Voluntary aided schools that have a religious character
4
- (1) This paragraph applies to a voluntary aided school that has a religious character.
- (2) The provision must accord—
- (a) with any provisions of the school's trust deed that relate to teaching and learning in respect of the mandatory element of Religion, Values and Ethics, or
- (b) if there are no such provisions, with the tenets of the religion or religious denomination specified in relation to the school in an order under section 68A of the School Standards and Framework Act 1998 (c. 31).
- (3) Sub-paragraph (4) applies in those cases where the provision required under sub-paragraph (2) is not provision that accords with the agreed syllabus.
- (4) In those cases, the curriculum must also make additional provision for teaching and learning encompassing the mandatory element of Religion, Values and Ethics that must have been designed having regard to the agreed syllabus.
PART 2 — CURRICULUM IMPLEMENTATION
Application
5
This Part applies to the teaching and learning that must be secured under sections 29(3)(b) and 30(6)(b) in respect of the mandatory element of Religion, Values and Ethics.
Community schools and foundation and voluntary schools without a religious character
6
- (1) This paragraph applies to—
- (a) a community school;
- (b) a foundation or voluntary school without a religious character.
- (2) The teaching and learning must be that for which provision is made in the curriculum under paragraph 2(2) (provision designed having regard to agreed syllabus).
Foundation and voluntary controlled schools that have a religious character
7
- (1) This paragraph applies to a foundation or voluntary controlled school that has a religious character.
- (2) The teaching and learning must be that for which provision is made in the curriculum under paragraph 3(2) (provision designed having regard to agreed syllabus), except in the case of a pupil to whom sub-paragraph (4) applies.
- (3) In the case of a pupil to whom sub-paragraph (4) applies, the teaching and leaning must be that for which provision is made in the curriculum under paragraph 3(3) (provision that accords with trust deed etc).
- (4) This sub-paragraph applies to a pupil if a parent of the pupil requests that the teaching and learning be that for which provision is made in the curriculum under paragraph 3(3) (provision that accords with trust deed etc).
Voluntary aided schools that have a religious character
8
- (1) This paragraph applies to a voluntary aided school that has a religious character.
- (2) The teaching and learning must be that for which provision is made in the curriculum under paragraph 4(2) (provision that accords with trust deed etc), except in the case of a pupil to whom sub-paragraph (4) applies.
- (3) In the case of a pupil to whom sub-paragraph (4) applies, the teaching and learning must be that for which provision is made in the curriculum in accordance with paragraph 4(3) (provision designed having regard to agreed syllabus).
- (4) This sub-paragraph applies to a pupil if a parent of the pupil requests that the teaching and learning be that for which provision is made in the curriculum in accordance with paragraph 4(3) (provision designed having regard to agreed syllabus).
PART 3 — INTERPRETATION
9
- (1) For the meaning of “agreed syllabus”, see section 375A(7) of the Education Act 1996 (c. 56).
- (2) For the purposes of this Schedule, a school has a religious character if it is designated by an order made (or treated as being made) under section 68A of the School Standards and Framework Act 1998 (c. 31) (and references to a school without a religious character are to be construed accordingly).
SCHEDULE 2
Education Act 1996 (c. 56)
1
The Education Act 1996 is amended as follows.
2
In section 4 (schools: general), in subsection (2), after “section 19(1)”, in both places it occurs, insert “ or 19A(1) ”.
3
- (1) Section 19 (exceptional provision of education in pupil referral units or elsewhere) is amended as follows.
- (2) In the heading, at the end insert “ : England ”.
- (3) In subsection (1), after “Each local authority” insert “ in England ”.
- (4) In subsection (1A), omit “In relation to England,”.
- (5) Omit subsections (2) and (2A).
- (6) In subsection (2B), after “a local authority” insert “ in England ”.
- (7) In subsection (3), after “A local authority” insert “ in England ”.
- (8) In subsection (3A), omit “In relation to England,”.
- (9) In subsection (4), after “A local authority” insert “ in England ”.
- (10) In subsection (7), after “pupil referral units” insert “ maintained by a local authority in England ”.
4
After section 19 insert—
(19A) (1) Each local authority in Wales must make arrangements for the provision of suitable education at school or otherwise than at school for children within the authority's area who— (a) are of compulsory school age, and (b) by reason of illness, exclusion from school or otherwise, may not receive suitable education for a period unless such arrangements are made for them. (2) A school established (whether before or after the commencement of this Act) and maintained by a local authority in Wales which— (a) is specially organised to provide education for children falling within subsection (1), and (b) is not a special school, is to be known as a “pupil referral unit”. (3) A local authority in Wales may secure the provision of boarding accommodation at any pupil referral unit. (4) A local authority in Wales may make arrangements for the provision of suitable education otherwise than at a school for young persons within the authority's area who, by reason of illness, exclusion from school or otherwise, may not receive a suitable education for a period unless such arrangements are made for them. (5) In this section, “suitable education”, in relation to a child or young person means efficient education suitable to the young person's age, ability and aptitude and to any additional learning needs the child or young person may have. (6) The following persons are to be treated as pupils for the purposes of this Act— (a) any child for whom education is provided otherwise than at school under this section, and (b) any young person for whom full-time education is provided otherwise than at school under this section. (7) Schedule 1 has effect in relation to pupil referral units maintained by local authorities in Wales.
5
In Part 5, in the heading of Chapter 3, after “Education” insert “ etc ”.
6
- (1) Section 375 (agreed syllabuses of religious education) is amended as follows.
- (2) In the heading, after “religious education” insert “ : England ”.
- (3) In subsection (2)—
- (a) in the words before paragraph (a), after “agreed syllabus” insert “ , in relation to England, ”;
- (b) in paragraph (b), after “local authority” insert “ in England ”.
- (4) In subsection (3), after “agreed syllabus” insert “ for use in England ”.
- (5) In subsection (4), after “local authority” insert “ in England ”.
7
After section 375 insert—
(375A) (1) Each local authority in Wales must adopt a syllabus of Religion, Values and Ethics for use in the schools maintained by them. (2) The syllabus adopted by an authority may make different provision in respect of— (a) different descriptions of school maintained by the local authority; (b) different descriptions of pupils. (3) The syllabus— (a) must reflect the fact that the religious traditions in Wales are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Wales; (b) must also reflect the fact that a range of non-religious philosophical convictions are held in Wales. (4) In subsection (3), the reference to philosophical convictions is to philosophical convictions within the meaning of Article 2 of the First Protocol to the European Convention on Human Rights. (5) Schedule 31 makes further provision in relation to a syllabus of Religion, Values and Ethics. (6) In this section— - “the European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, as it has effect for the time being in relation to the United Kingdom; - “the First Protocol”, in relation to that Convention, means the protocol to the Convention agreed at Paris on 20th March 1952. (7) References in this Act to an agreed syllabus, in relation to Wales, are to a syllabus adopted under this section, or deemed to be adopted under this section by virtue of paragraph 14(2) of Schedule 31; and accordingly in relation to a syllabus deemed to have been so adopted, any reference to the date on which an agreed syllabus was adopted is a reference to the date of deemed adoption specified by the Welsh Ministers in a direction under that paragraph. (8) In exercising functions under this section, a local authority must have regard to any guidance given by the Welsh Ministers.
8
In the italic heading before section 390 (constitution of standing advisory councils on religious education), omit “on religious education”.
9
- (1) Section 390 (constitution of advisory councils) is amended as follows.
- (2) In subsection (1), after “local authority” insert “ in England ”.
- (3) After subsection (1) insert—
(1A) A local authority in Wales shall constitute a standing advisory council on Religion, Values and Ethics for the purposes mentioned in section 391(1A).
- (4) In subsection (2), for “The council” substitute “ A council constituted under subsection (1) or (1A) ”.
- (5) In subsection (3), for “The council” substitute “ A council constituted under subsection (1) or (1A) ”.
- (6) In subsection (4)—
- (a) in paragraph (a), before “a group” insert “ in the case of an area in England, ”;
- (b) after paragraph (a) insert—
(aa) in the case of an area in Wales, a group of persons to represent— (i) Christian denominations and other religions and denominations of such religions, and (ii) non-religious philosophical convictions;
.
- (7) In subsection (6), after “appointed” insert “ by a local authority in England ”.
- (8) After subsection (6) insert—
(6A) A local authority in Wales, in appointing persons to a representative group under subsection (4)(aa), must take all reasonable steps to secure the outcome referred to in subsection (6B). (6B) The outcome is that the number of members appointed to the group to represent a religion, denomination or non-religious philosophical conviction shall, so far as is consistent with the efficient discharge of the group's functions, reflect broadly the proportionate strength of that religion, denomination or non-religious philosophical conviction in the area.
- (9) After subsection (7) insert—
(8) In exercising functions under this section, a local authority in Wales must have regard to any guidance given by the Welsh Ministers. (9) In this section, “non-religious philosophical conviction” has the same meaning as in section 375A(3).
10
- (1) Section 391 (functions of advisory councils) is amended as follows.
- (2) After subsection (1) insert—
(1A) The purposes referred to in section 390(1A) are— (a) to advise the local authority on such matters connected with— (i) religious worship in community schools or in foundation schools which (within the meaning of Part 2 of the School Standards and Framework Act 1998) do not have a religious character, and (ii) the provision of teaching and learning, under the Curriculum and Assessment (Wales) Act 2021, either in respect of the mandatory element of Religion, Values and Ethics (within the meaning of that Act), or under section 61 of that Act (post-compulsory education in maintained schools: Religion, Values and Ethics), as the authority may refer to the council or as the council may see fit, and (b) to carry out the functions conferred on them by section 394.
- (3) In subsection (2), for “subsection (1)(a)” substitute “ subsections (1)(a) and (1A)(a) ”.
- (4) After subsection (10) insert—
(11) In exercising its functions under this Act, a council constituted by a local authority in Wales must have regard to any guidance issued by the Welsh Ministers.
11
- (1) Section 392 (advisory councils: supplementary provisions) is amended as follows.
- (2) In subsection (1), for “the standing advisory council on religious education” substitute “ a standing advisory council ”.
- (3) In subsection (2), after each reference to “denomination” insert “ , philosophical conviction ”.
- (4) In subsection (3), after “denomination” insert “ , philosophical conviction ”.
- (5) In subsection (8), in paragraph (b), after each reference to “denomination” insert “ , philosophical conviction ”.
12
In section 394 (determination of cases in which requirement for Christian collective worship is not to apply), in subsection (1), in paragraph (b)—
- (a) after “section” insert “ 68A or ”;
- (b) after “by” insert “ the Welsh Ministers or ”.
13
In section 396 (power of Secretary of State to direct advisory council to revoke determination or discharge duty), in subsection (1), after “local authority” insert “ in England ”.
14
After section 396 insert—
(396A) (1) Where the Welsh Ministers are satisfied, either on complaint by any person or otherwise, that any standing advisory council constituted by a local authority in Wales under section 390— (a) have acted, or are proposing to act, unreasonably in determining for the purposes of section 394 or 395 whether it is appropriate for the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 to apply in the case of any school or any class or description of pupils at a school, or (b) have failed to discharge any duty imposed under section 394 or 395, the Welsh Ministers may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to them to be expedient; and the council shall comply with the directions. (2) Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.
15
- (1) Section 397 (religious education: access to meetings and documents) is amended as follows.
- (2) In the heading, omit “Religious education:”
- (3) In subsection (1)—
- (a) in paragraph (a), for “(1)” substitute “ (A1) ”;
- (b) in paragraph (b), omit “on religious education”.
- (4) In subsection (2), after “Regulations” insert “ made by the appropriate authority ”.
- (5) After subsection (3) insert—
(4) The “appropriate authority” is— (a) in relation to a conference convened by a local authority in Wales, or a standing advisory council convened by a local authority in Wales, the Welsh Ministers; (b) in relation to a conference convened by a local authority in England, or a standing advisory council convened by a local authority in England, the Secretary of State.
16
- (1) Section 399 (determination of question whether religious education in accordance with trust deed) is amended as follows.
- (2) In the heading, after “religious education” insert “ or education in respect of Religion, Values and Ethics ”.
- (3) The existing provision becomes subsection (1).
- (4) In subsection (1), after “voluntary school” insert “ in England ”.
- (5) After subsection (1), insert—
(2) Where any trust deed relating to a foundation or voluntary school in Wales makes any provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether provision for the mandatory element of Religion, Values and Ethics does or does not accord with the provisions of the trust deed, that question shall be determined in accordance with the provisions of the trust deed. (3) In subsection (2), the reference to the mandatory element of Religion, Values and Ethics has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.
17
In the italic heading before section 403, after “Sex education” insert “ in England ”.
18
- (1) Section 403 (sex education: manner of provision) is amended as follows.
- (2) In the heading, after “Sex education” insert “ in England ”.
- (3) In subsection (1)—
- (a) after “head teacher” insert “ of a maintained school in England ”;
- (b) for “a maintained” substitute “ the ”.
- (4) In subsection (1A), in the words before paragraph (a), after “maintained schools” insert “ in England ”.
- (5) In subsection (1C), after “schools” insert “ in England ”.
19
In section 404 (sex education: statements of policy)—
- (a) in the heading, after “Sex education” insert “ in England ”;
- (b) in subsection (1), after “maintained school” insert “ in England ”.
20
In section 405 (exemption from sex education)—
- (a) in the heading, after “sex education” insert “ in England ”;
- (b) in subsection (1), after “maintained school” insert “ in England ”.
21
In section 444ZA (application of section 444 to alternative educational provision), in subsection (1), after “section 19” insert “ or 19A ”.
22
In section 569 (regulations), in subsection (2B)—
- (a) before “444A” insert “ 397, ”;
- (b) before “made by the Welsh Ministers” insert “ , or under paragraph 6B or 6C of Schedule 1, ”.
23
In section 579 (general interpretation), in subsection (1), in the definition of “regulations”—
- (a) omit “(except in Chapter 5A)”;
- (b) at the end insert “ , except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales ”.
24
In section 580 (index), for the entry for “agreed syllabus” substitute—
| agreed syllabus | |
|---|---|
| (in relation to England) | Section 375(2) and (4) |
| (in relation to Wales) | Section 375A(7) |
.
25
- (1) Schedule 1 (pupil referral units) is amended as follows.
- (2) After paragraphs 1 and 2 (general adaptations of enactments) insert—
(2A) Paragraphs 1 and 2 do not apply to references in an enactment in, or made under, the Curriculum and Assessment (Wales) Act 2021.
- (3) In paragraph 6 (curriculum)—
- (a) in sub-paragraph (1)—
- (i) after “every pupil referral unit” insert “ maintained by a local authority in England ”;
- (ii) omit “or 99(1)”;
- (b) in sub-paragraph (2), after “every pupil referral unit” insert “ maintained by a local authority in England ”;
- (c) omit sub-paragraphs (3) and (4).
- (4) After paragraph 6 insert—
(6A) Paragraphs 6B, 6C and 6D apply in relation to every pupil referral unit maintained by a local authority in Wales. (6B) (1) The local authority, the management committee (where applicable) and the teacher in charge of a pupil referral unit must exercise their functions— (a) in relation to registered pupils of compulsory school age at the unit, in accordance with sections 50 to 52 of the Curriculum and Assessment (Wales) Act 2021 (curriculum requirements); (b) in relation to registered pupils above compulsory school age at the unit, with a view to securing that the curriculum for those pupils meets the requirements in sub-paragraph (2). (2) The requirements are that the curriculum is a balanced and broadly based curriculum which— (a) promotes the spiritual, moral, cultural, mental and physical development of the pupils, and (b) prepares them for the opportunities, responsibilities and experiences of later life. (3) The Welsh Ministers may, by regulations, make provision in respect of the curriculum for registered pupils above compulsory school age at pupil referral units, including provision as to making, and keeping up to date, a written statement of the policy in relation to the curriculum for those pupils. (6C) The Welsh Ministers may, by regulations— (a) require the local authority, the management committee (where applicable) or the teacher in charge of a pupil referral unit to exercise any functions relating to the curriculum that are specified in regulations, or (b) require those persons, or any of them, to collaborate with each other in exercising any functions relating to the curriculum that are specified in regulations. (6D) (1) Each local authority in Wales must make arrangements to deal with complaints that the authority, or the teacher in charge of a pupil referral unit maintained by the authority— (a) have acted or are proposing to act unreasonably in relation to the exercise of a power conferred, or the performance of a duty imposed, on them— (i) by section 50, 51 or 52 of the Curriculum and Assessment (Wales) Act 2021, or (ii) by paragraph 6B, or by regulations made under paragraph 6B or 6C, or (b) have failed to discharge a duty imposed on them by or under any of those provisions. (2) The Welsh Ministers must not exercise their powers under Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) in relation to— (a) a complaint for which arrangements are required to be made under sub-paragraph (1), or (b) a complaint that a local authority in Wales has failed to exercise its powers to secure compliance by the teacher in charge of a pupil referral unit with a duty referred to in subparagraph (1), unless a complaint about the same matter has been made, and has been dealt with, in accordance with arrangements made under that sub-paragraph.
- (5) In paragraph 8—
- (a) the existing provision becomes sub-paragraph (1);
- (b) in that sub-paragraph—
- (i) after “pupil referral units” insert “ in England ”;
- (ii) after “community schools” insert “ in England ”;
- (c) after that sub-paragraph insert—
(2) Sections 406 and 407 (political indoctrination, and treatment of political issues) apply in relation to pupil referral units in Wales as they apply in relation to community schools in Wales.
26
- (1) Schedule 31 (agreed syllabuses of religious education) is amended as follows.
- (2) In the heading of the Schedule, after “Religious Education” insert “ and Religion, Values and Ethics ”.
- (3) Before the heading of paragraph 1 insert—
(A1) A local authority in Wales must convene a conference for the purpose of preparing the first syllabus of Religion, Values and Ethics to be adopted by the local authority under section 375A.
- (4) In paragraph 4, in sub-paragraph (2)—
- (a) in paragraph (a), before “a committee” insert “ in the case of an area in England, ”;
- (b) after paragraph (a) insert—
(aa) in the case of an area in Wales, a committee of persons representing— (i) Christian denominations and other religions and denominations of such religions, and (ii) non-religious philosophical convictions;
.
- (5) In paragraph 4, in sub-paragraph (4), after “appointed” insert “ by a local authority in England ”.
- (6) In paragraph 4, after sub-paragraph (4) insert—
(5) A local authority in Wales, in appointing persons to a representative group under sub-paragraph (2)(aa), must take all reasonable steps to secure the outcome referred to in sub-paragraph (6). (6) The outcome is that the number of members appointed to the committee to represent a religion, denomination or non-religious philosophical conviction shall, so far as consistent with the efficient discharge of the committee's functions, reflect broadly the proportionate strength of that religion, denomination or non-religious philosophical conviction in the area. (7) In this paragraph, “non-religious philosophical conviction” has the same meaning as in section 375A(3).
- (7) In paragraph 7—
- (a) in sub-paragraph (1), after each reference to “denomination” insert “ , philosophical conviction ”;
- (b) in sub-paragraph (2), after “denomination” insert “ , philosophical conviction ”.
- (8) In paragraph 8, in paragraph (b), after “denomination” insert “ , philosophical conviction ”.
- (9) After paragraph 9 insert—
(9A) (1) This paragraph applies where a local authority in Wales convene a conference for the purpose of preparing the first syllabus of Religion, Values and Ethics to be adopted by the authority under section 375A. (2) If— (a) the conference unanimously recommend a syllabus for adoption by the authority under section 375A, and (b) it appears to the authority that the recommended syllabus meets the condition in sub-paragraph (3), the authority may give effect to the recommendation by adopting the syllabus. (3) The condition is that the syllabus— (a) reflects the fact that the religious traditions in Wales are mainly Christian, while taking account of the teaching and practices of the other principal religions represented in Wales, and (b) also reflects the fact that a range of non-religious philosophical convictions (within the meaning of section 375A(3)) are held in Wales. (4) If— (a) the authority report to the Welsh Ministers that the conference are unable unanimously to recommend a syllabus for adoption under section 375A, (b) the authority report to the Welsh Ministers that the condition in sub-paragraph (3) prevents them from giving effect to the unanimous recommendation of the conference, or (c) it appears to the Welsh Ministers that the authority have failed to exercise their power under sub-paragraph (2) to give effect to the unanimous recommendation of the conference, the Welsh Ministers must proceed in accordance with paragraph 12.
- (10) In paragraph 10—
- (a) in sub-paragraph (1) for “This paragraph applies where a local authority” substitute “ Sub-paragraph (2) applies where a local authority in England ”;
- (b) after sub-paragraph (2) insert—
(2A) Sub-paragraphs (2B) and (2C) apply where a local authority in Wales cause a conference to be convened for the purpose of reconsidering any agreed syllabus under paragraph 2 or 3. (2B) If— (a) the conference— (i) unanimously recommend that the existing syllabus should continue to be the agreed syllabus, or (ii) unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus, and (b) it appears to the authority that the condition in sub-paragraph (2C) has been met in relation to the syllabus, the authority may give effect to the recommendation. (2C) The condition in this sub-paragraph is met in relation to a syllabus if the syllabus— (a) reflects the fact that the religious traditions in Wales are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Wales, and (b) also reflects the fact that a range of non-religious philosophical convictions (within the meaning of section 375A(3)) are held in Wales. (2D) Sub-paragraph (3) applies in relation to local authorities in England and local authorities in Wales.
;
- (c) in sub-paragraph (3), in paragraph (a), after “Secretary of State” insert “ (in the case of an authority in England) or to the Welsh Ministers (in the case of an authority in Wales) ”;
- (d) in sub-paragraph (3), in paragraph (b), after “(2)(b)” insert “ or, as the case may be, (2B)(b), ”;
- (e) in sub-paragraph (3), in paragraph (c)—
- (i) after “Secretary of State” insert “ or, as the case may be, the Welsh Ministers, ”;
- (ii) after “sub-paragraph (2)” insert “ or, as the case may be, sub-paragraph (2B) ”;
- (iii) in the words after paragraph (c), after “Secretary of State” insert “ or, as the case may be, the Welsh Ministers, ”.
- (11) In paragraph 12, after sub-paragraph (1) insert—
(1A) Where required by paragraph 9A or 10 to proceed in accordance with this paragraph, the Welsh Ministers shall appoint a body of persons appearing to the Welsh Ministers to possess relevant experience to prepare a syllabus of Religion, Values and Ethics.
- (12) In paragraph 13—
- (a) in sub-paragraph (1), in paragraph (b), after “religious education” insert “ or, as the case may be, a syllabus of Religion, Values and Ethics ”;
- (b) in sub-paragraph (1), in paragraph (c), for “to the Secretary of State” substitute
— (i) in the case of a body appointed by the Secretary of State, to the Secretary of State; (ii) in the case of a body appointed by the Welsh Ministers, to the Welsh Ministers
.
- (13) In paragraph 14—
- (a) the existing provision becomes sub-paragraph (1);
- (b) in that sub-paragraph, for “the appointed body” substitute “ a body appointed under paragraph 12 by the Secretary of State ”;
- (c) after that sub-paragraph insert—
(2) The syllabus prepared by a body appointed by the Welsh Ministers under paragraph 12 shall be deemed to be the syllabus adopted by the authority under section 375A— (a) as from such date as the Welsh Ministers may direct, and (b) until a new syllabus is adopted by that authority under that section.
- (14) After paragraph 14 insert—
(14A) (1) In exercising functions under this Schedule, each of the persons specified in sub-paragraph (2) must have regard to any guidance given by the Welsh Ministers. (2) The persons are— (a) a local authority in Wales; (b) a conference convened by a local authority in Wales under this Schedule; (c) a body of persons appointed by the Welsh Ministers under paragraph 12.
Education Act 1997 (c. 44)
27
The Education Act 1997 is amended as follows.
28
In section 56 (construction), in subsection (1), in the definition of “regulations”, at the end insert “ , except where otherwise stated or where the function of making regulations under this Act has been transferred to the Welsh Ministers in relation to Wales ”.
School Standards and Framework Act 1998 (c. 31)
29
The School Standards and Framework Act 1998 is amended as follows.
30
In section 58 (appointment and dismissal of certain teachers at schools with a religious character), in subsection (1), in the text after paragraph (b), after “in accordance with” insert “ section 68A and ”.
31
In section 60 (staff at foundation or voluntary school with a religious character), in subsection (5), in paragraph (a), in sub-paragraph (i), after “under” insert “ section 68A or ”.
32
In Part 2, in the heading of Chapter 6 (religious education and worship), after “religious education” insert “ etc ”.
33
Before section 69 (and the italic heading before it) insert—
(68A) (1) For the purposes of this Part and the Curriculum and Assessment (Wales) Act 2021 a foundation or voluntary school in Wales has a religious character if it is designated as a school having such a character by an order made by the Welsh Ministers. (2) An order under subsection (1) must state the religion or religious denomination in accordance with whose tenets provision in the school's curriculum in respect of Religion, Values and Ethics is, or may be, required to be designed and implemented under the Curriculum and Assessment (Wales) Act 2021 (or, as the case may be, each such religion or religious denomination). (3) The procedure to be followed in connection with— (a) the designation of a school in an order under subsection (1), and (b) the statement required by subsection (2), may be specified in regulations made by the Welsh Ministers. (4) Any order made under section 69(3) in respect of a foundation or voluntary school in Wales that has effect immediately before the coming into force of this section continues to have effect until revoked. (5) Where an order continues to have effect under subsection (4)— (a) the order is to be treated for all purposes as being an order made under this section, (b) the school designated by the order is to be treated for all purposes as being designated under this section, and (c) any references in the order to religious education are to be treated as being references to Religion, Values and Ethics.
34
In the italic heading before section 69, at the end insert “ : England ”.
35
- (1) Section 69 (duty to secure due provision of religious education) is amended as follows.
- (2) In the heading, after “religious education” insert “ : England ”.
- (3) In subsection (1)—
- (a) in the words before paragraph (a), after “voluntary school” insert “ in England ”;
- (b) in the words after paragraph (b), omit “or 101(1)(a)”.
- (4) In subsection (2)—
- (a) in the words before paragraph (a), omit “or 101(1)(a)”;
- (b) in paragraph (a), after “voluntary schools” insert “ in England ”;
- (c) in paragraph (b), after “voluntary controlled schools” insert “ in England ”;
- (d) in paragraph (c), after “voluntary aided schools” insert “ in England ”.
- (5) In subsection (3), after “voluntary school” insert “ in England ”.
36
- (1) Section 71 (exceptions and special arrangements: provision for special schools) is amended as follows.
- (2) In subsection (1), in the words before paragraph (a), after “voluntary school” insert “ in England ”.
- (3) In subsection (2), in paragraph (a), omit “or 101(1)(a)”.
- (4) In subsection (7), after “foundation special school” insert “ in England ”.
- (5) After subsection (7) insert—
(7A) Regulations made by the Welsh Ministers shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school in Wales attends religious worship unless withdrawn from attendance at such worship— (a) in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and (b) in any other case, in accordance with the wishes of the pupil's parent.
37
- (1) Section 124B (designation of independent schools as having a religious character) is amended as follows.
- (2) Before subsection (1) insert—
(A1) Subsections (1) and (3) of section 68A (which relate to the designation of foundation or voluntary schools in Wales as having a religious character) apply in relation to an independent school in Wales as they apply in relation to a foundation or voluntary school in Wales, but as if— (a) in subsection (1) of that section, the references to Part 2 and the Curriculum and Assessment (Wales) Act 2021 were a reference to this Part, and (b) in subsection (3) of that section, the reference to subsection (2) of that section were a reference to subsection (2) of this section.
- (3) In subsection (1)—
- (a) after “voluntary schools” insert “ in England ”;
- (b) after “independent school” insert “ in England ”.
- (4) In subsection (2), after “made under ” insert “ section 68A by virtue of subsection (A1) or under ”.
38
In section 138A (procedure for regulations)—
- (a) in the heading, after “under” insert “ section 71(7A) or ”;
- (b) in subsection (1), after “under” insert “ section 71(7A) or ”.
39
- (1) Section 142 (general interpretation) is amended as follows.
- (2) In subsection (1)—
- (a) in the definition of “Church in Wales school”—
- (i) for ”Secretary of State” substitute “ Welsh Ministers ”;
- (ii) for “section 69(4)” substitute “ section 68A ”;
- (b) in the definition of “regulations”, for “(except in sections 89 to 90)” substitute “ (except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales) ”;
- (c) in the definition of “Roman Catholic Church school”, after “section” insert “ 68A or ”.
- (3) In subsection (2), for “the Secretary of State” substitute “ the Welsh Ministers ”.
- (4) In subsection (3), after “under” insert “ section 68A, ”.
40
- (1) Section 143 (index) is amended as follows.
- (2) In the entry beginning “school which has a religious character”, after “school” in the first place it occurs insert “ in England ”.
- (3) After that entry, insert—
| school in Wales which has a religious character | |
|---|---|
| (in Part 2 in relation to a foundation or voluntary school) | section 68A(1) |
| (in Part 5A in relation to an independent school) | sections 68A(1) and 124B(A1) |
.
41
In Schedule 3, in Part 2 (funding of voluntary aided schools), in paragraph 5(12), in the definition of “appropriate schools”, in paragraph (a), after “section” insert “ 68A or ”.
42
- (1) Schedule 19 (required provision for religious education) is amended as follows.
- (2) In the heading of the Schedule, after “RELIGIOUS EDUCATION” insert “ : ENGLAND ”.
- (3) In paragraph 1 (introductory), in sub-paragraph (1), omit “or 101(1)(a)”.
- (4) In paragraph 2 (community schools and foundation and voluntary schools without a religious character), in sub-paragraph (1)—
- (a) in paragraph (a), after “community school” insert “ in England ”;
- (b) in paragraph (b), after “voluntary school” insert “ in England ”.
- (5) In paragraph 3 (foundation and voluntary controlled schools with a religious character), in sub-paragraph (1), after “voluntary controlled school” insert “ in England ”.
- (6) In paragraph 4 (voluntary aided schools with a religious character), in sub-paragraph (1), after “voluntary aided school” insert “ in England ”.
43
In Schedule 20 (collective worship), in paragraph 5, in the words after paragraph (b), after “section” insert “ 68A or ”.
Education Act 2002 (c. 32)
44
The Education Act 2002 is amended as follows.
45
Omit Part 7 (the curriculum in Wales).
46
- (1) Section 210 (orders and regulations) is amended as follows.
- (2) In subsection (6A)—
- (a) omit “or Part 7”;
- (b) omit “unless the instrument contains an order mentioned in subsection (6AB)”.
- (3) Omit subsection (6AB).
Licensing Act 2003 (c. 17)
47
The Licensing Act 2003 is amended as follows.
48
In Schedule 1 (provision of regulated entertainment), in Part 3, in paragraph 21, in sub-paragraph (1), in paragraph (d), after “section 19” insert “ or 19A ”.
Anti-Social Behaviour Act 2003 (c. 38)
49
The Anti-Social Behaviour Act 2003 is amended as follows.
50
In section 24 (interpretation), in the definition of “relevant school”, in paragraph (d), after “section 19(2)” insert “ or 19A(2) ”.
Education Act 2005 (c. 18)
51
- (1) Section 50 of the Education Act 2005 (inspection of religious education: Wales) is amended as follows.
- (2) In the heading, for “religious” substitute “ denominational ”.
- (3) In subsection (1), in the words before paragraph (a), for “69(3)” substitute “ 68A ”.
- (4) In subsection (2), in paragraph (a), for “69(4)” substitute “ 68A ”.
National Health Service Act 2006 (c. 41)
52
The National Health Service Act 2006 is amended as follows.
53
In Schedule 1 (further provision about the Secretary of State and services under the Act), in paragraph 2, in sub-paragraph (1), in paragraph (b), after “19” insert “ or 19A ”.
National Health Service (Wales) Act 2006 (c. 42)
54
The National Health Service (Wales) Act 2006 is amended as follows.
55
In Schedule 1 (further provision about the Welsh Ministers and services under the Act), in paragraph 2, in sub-paragraph (1), in paragraph (b), after “19” insert “ or 19A ”.
Learning and Skills (Wales) Measure 2009 (nawm 1)
56
The Learning and Skills (Wales) Measure 2009 is amended as follows.
57
Omit Part 1 (local curriculum for pupils in Key Stage 4).
58
In section 46 (regulations in connection with the operation of the local curriculum), in subsection (2), for “Parts 1 and 2” substitute “ Part 2 ”.
59
In the Schedule (minor and consequential amendments)—
- (a) omit the italic heading before paragraph 11;
- (b) omit paragraphs 11 to 20.
Education (Wales) Measure 2009 (nawm 5)
60
The Education (Wales) Measure 2009 is amended as follows.
61
Omit section 21 (foundation phase).
Equality Act 2010 (c. 15)
62
The Equality Act 2010 is amended as follows.
63
In Schedule 11 (schools: exceptions), in Part 2 (religious or belief-related discrimination), in paragraph 5, in sub-paragraph (a), after “section” insert “68A or”.
64
In Schedule 17 (disabled pupils: enforcement), in paragraph 6A (as it has effect before its substitution by paragraph 19(5)(g) of Schedule 1 to the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)), in sub-paragraph (7), in the definition of “pupil referral unit”, after “section 19” insert “ or 19A ”.
65
In Schedule 19 (public authorities), in Part 1, in the list of “Other educational bodies”, in the entry for a local authority, after “section 19” insert “ or 19A ”.
Education (Wales) Measure 2011 (nawm 7)
66
The Education (Wales) Measure 2011 is amended as follows.
67
In section 9 (minor and consequential amendments), in subsection (3), omit paragraph (b).
School Standards and Organisation (Wales) Act 2013 (anaw 1)
68
The School Standards and Organisation (Wales) Act 2013 is amended as follows.
69
In section 98 (general interpretation and index of defined expressions)—
- (a) in subsection (3), in the definition of “appropriate religious body”, in paragraph (b), for “69(3)” substitute “ 68A ”;
- (b) in subsection (5), for “69(3)” substitute “ 68A ”.
70
In Schedule 5 (minor and consequential amendments), in paragraph 21, omit sub-paragraphs (4) to (6).
Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1)
71
The Further and Higher Education (Governance and Information) (Wales) 2014 is amended as follows.
72
In section 6 (abolition of duties of further education institutions to comply with directions), omit subsections (3) and (4).
Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
73
The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is amended as follows.
74
In section 14 (duties to prepare and maintain plans: local authorities), after subsection (9) insert—
(9A) If the additional learning provision described in an individual development plan includes provision of the kind mentioned in section 41(1) of the Curriculum and Assessment (Wales) Act 2021, a local authority may not give directions to the governing body of a school under subsection (2)(b) or (4) in relation to the plan.
75
In Schedule 1 (minor and consequential amendments and repeals), in paragraph 4, omit sub-paragraph (7).
Introduction
Introduction and interpretation
Introduction
Duty to make provision about assessment arrangements
Duty to have regard to mental health and emotional well-being of children and young persons
Status of this Act as an Education Act
Application
Community schools and foundation and voluntary schools without a religious character
Foundation and voluntary controlled schools that have a religious character
Voluntary aided schools that have a religious character
Application
Community schools and foundation and voluntary schools without a religious character
Foundation and voluntary controlled schools that have a religious character
Voluntary aided schools that have a religious character
Education Act 1996 (c. 56)
Education Act 1997 (c. 44)
School Standards and Framework Act 1998 (c. 31)
Education Act 2002 (c. 32)
Licensing Act 2003 (c. 17)
Anti-Social Behaviour Act 2003 (c. 38)
Education Act 2005 (c. 18)
National Health Service Act 2006 (c. 41)
National Health Service (Wales) Act 2006 (c. 42)
Learning and Skills (Wales) Measure 2009 (nawm 1)
Education (Wales) Measure 2009 (nawm 5)
Equality Act 2010 (c. 15)
Education (Wales) Measure 2011 (nawm 7)
School Standards and Organisation (Wales) Act 2013 (anaw 1)
Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1)
Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
Editorial notes
S. 1 in force at 29.9.2021 by S.I. 2021/1069, art. 2
S. 2 in force at 29.9.2021 by S.I. 2021/1069, art. 2
S. 3 in force at 29.9.2021 by S.I. 2021/1069, art. 2
S. 4 in force at 29.9.2021 by S.I. 2021/1069, art. 2
S. 5 in force at 29.9.2021 by S.I. 2021/1069, art. 2
S. 6 in force at 29.9.2021 for specified purposes by S.I. 2021/1069, art. 3
S. 7 in force at 29.9.2021 for specified purposes by S.I. 2021/1069, art. 3
S. 8 in force at 23.11.2021 for specified purposes by S.I. 2021/1069, art. 4
S. 56(1) in force at 11.1.2022 for specified purposes by S.I. 2022/12, art. 2(a)
S. 57(1) in force at 11.1.2022 for specified purposes by S.I. 2022/12, art. 2(b)
Pt. 2 modified (temp.) (13.6.2022) by The Curriculum and Assessment (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2022 (S.I. 2022/652), art. 2
S. 42 in force at 14.6.2022 for specified purposes by S.I. 2022/652, art. 3(a)
S. 43 in force at 14.6.2022 for specified purposes by S.I. 2022/652, art. 3(a)
S. 69 in force at 14.6.2022 for specified purposes by S.I. 2022/652, art. 3(b)
S. 56(2)-(6) in force at 1.9.2022 by S.I. 2022/12, art. 3(a)
S. 56(1) in force at 1.9.2022 in so far as not already in force by S.I. 2022/12, art. 3(a)
S. 57(1) in force at 1.9.2022 in so far as not already in force by S.I. 2022/12, art. 3(b)
S. 57(2)(3) in force at 1.9.2022 by S.I. 2022/12, art. 3(b)
S. 6 in force at 1.9.2022 in so far as not already in force by S.I. 2022/652, art. 4(a)
S. 7 in force at 1.9.2022 in so far as not already in force by S.I. 2022/652, art. 4(a)
S. 8 in force at 1.9.2022 in so far as not already in force by S.I. 2022/652, art. 4(a)
S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 15 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 16 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(a), Sch.
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