The Local Curriculum in Higher Education Institutions (Wales) Regulations 2011

Made: 8 February 2011

Laid before the National Assembly for Wales: 9 February 2011

Coming into force: 4 March 2011

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 33Q of the Learning and Skills Act 2000[^f00001].

Title and commencement

1

The title of these Regulations is the Local Curriculum in Higher Education Institutions (Wales) Regulations 2011 and they come into force on 4 March 2011.

Interpretation

2

In these Regulations—

• “the 2000 Act” (“Deddf 2000”) means the Learning and Skills Act 2000;

• “higher education corporation” (“corfforaeth addysg uwch”) has the meaning given by section 90(1) of the Further and Higher Education Act 1992[^f00002];

• “HE institution” (“sefydliad AU”) means an institution conducted by a higher education corporation;

• “the Regulations” (“y Rheoliadau”) means the Education (Local Curriculum for Students Aged 16 to 18) (Wales) Regulations 2011[^f00003].

Application of local curriculum of HE institutions

3

• (1) Where an HE institution in Wales provides secondary education or further education for students who have not attained the age of nineteen, sections 33A to 33L, 33N and 33O of the 2000 Act[^f00004] and the Regulations apply in relation to that HE institution with the modifications set out in the following paragraphs.

• (2) The references to “institution” or “institutions” in sections 33C(2), 33D(1), (2) and (4), 33E(4), 33F, 33G(1) and (3), 33H, 33I(1) and (3), 33J(1), 33K(5) and (6) and 33L of the 2000 Act and in the Regulations have effect as though they included references to an HE institution providing secondary education or further education for students who have not attained the age of nineteen.

• (3) The reference to “relevant students” in section 33C(2) of the 2000 Act has effect, in relation to an HE institution, as though it were a reference to students for whom the HE institution is their relevant institution (in accordance with a determination under section 33D of the 2000 Act).

• (4) The references to “governing body” in sections 33D(2), 33F(1), 33G(3), (4), 33H, 33I(3), (4), 33J(1)(c), 33K(4)(c) and (5)(b) and 33L of the 2000 Act have effect, in relation to an HE institution, as though they included references to the board, committee or other persons responsible for the management of the faculty, department or college of the HE institution which faculty, department or college delivers the secondary education or further education for students who have not attained the age of nineteen.

• (5) Section 33K(4) of the 2000 Act has effect as though there were added at the end of that sub-section, the following—

• ; and the board, committee or other persons responsible for the management of a faculty, department or college of an HE institution, which faculty, department or college delivers the secondary education or further education for students who have not attained the age of nineteen provided by the institution and which faculty, department or college is situated within the area of the authority.

• (6) The references to “principal” in sections 33F, 33G(1), (4), 33I(1), (4) and 33J(1) of the 2000 Act and in the Regulations have effect, in relation to an HE institution, as though they were references to the head of the faculty, department or college of the HE institution which faculty, department or college is responsible for delivering the secondary education or the further education for students who have not attained the age of nineteen.

Signed

Leighton Andrews — Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers — 8 February 2011

Explanatory note

(This note is not part of the Regulations)

These Regulations apply certain provisions of the Learning and Skills Act 2000 (“the 2000 Act”) (as inserted by the Learning and Skills (Wales) Measure 2009) to institutions within the higher education sector in Wales. The provisions of the 2000 Act that are applied (sections 33A to 33L, 33N and 33O) are concerned with the local curriculum for persons aged 16 to 19.

The Regulations ensure that persons aged 16 to 19 undertaking secondary education or further education in a higher education institution benefit from the same entitlement to choose and follow courses of study within a local curriculum as those persons undertaking their education in schools or further education institutions. The higher education institutions are now under the same duties in relation to the provision of the local curriculum as schools and further education institutions.

Footnotes

[^f00001]: 2000 c. 21. Section 33Q was inserted by section 38 of the Learning and Skills (Wales) Measure 2009 (nawm 1).

[^f00002]: 1992 c. 13.

[^f00003]: S.I. 2011/107 (W. 26 ).

[^f00004]: Sections 33A to 33L, 33N and 33O of the 2000 Act were inserted by sections 22 to 33, 35 and 36 of the Learning and Skills (Wales) Measure 2009.