The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022

Made: 29 June 2022

Coming into force in accordance with regulation 1(2) and (3)

A draft of these Regulations has been laid before, and approved by a resolution of, Senedd Cymru as required under section 75(2) of that Act.

Title and commencement

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• (1) The title of these Regulations is the Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022.

• (2) Regulations 1 to 4 and Schedule 1 come into force on 1 September 2022.

• (3) Schedule 2 comes into force as follows—

• (a) on 1 September 2022—

• (i) for a child or pupil receiving nursery education,

• (ii) for pupils in a reception year,

• (iii) for a child or pupil in years 1 to 6, and

• (iv) for a child or pupil in year 7 who are provided with a relevant curriculum under the 2021 Act,

• (b) on 1 September 2023 for a child or pupil in years 7 and 8,

• (c) on 1 September 2024 for a child or pupil in year 9,

• (d) on 1 September 2025 for a child or pupil in year 10, and

• (e) on 1 September 2026 for a child or pupil in years 11 to 13.

Interpretation

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In these Regulations—

• “the 1996 Act” (“Deddf 1996”) means the Education Act 1996[^f00002];

• “the 2021 Act” (“Deddf 2021”) means the Curriculum and Assessment (Wales) Act 2021;

• “child” (“plentyn”) has the meaning given to it in section 579(1) of the 1996 Act;

• “funded non-maintained nursery education” (“addysg feithrin a gyllidir ond nas cynhelir”) has the meaning given to it in section 80(1)(a) of the 2021 Act;

• “maintained nursery school” (“ysgol feithrin a gynhelir”) has the meaning given to it in section 79(1)(b) of the 2021 Act;

• “maintained school” (“ysgol a gynhelir”) has the meaning given to it in section 79(1)(a) of the 2021 Act;

• “nursery education” (“addysg feithrin”) means education provided to children or pupils below compulsory school age— in a maintained school or a maintained nursery school, or by the provider of funded non-maintained nursery education;

• “pupil” (“disgybl”) has the meaning given to it in section 3 of the 1996 Act[^f00003];

• “pupil referral unit” (“uned cyfeirio disgyblion”) has the meaning given to it in section 81(1) of the 2021 Act;

• “reception year” (“blwyddyn derbyn”) means a year group in which the majority of the pupils attain the age of 5;

• “relevant curriculum” (“cwricwlwm perthnasol”) has the meaning given to it in section 56(5) of the 2021 Act;

• “setting” (“lleoliad”) means— a maintained school, a provider of funded non-maintained nursery education, a pupil referral unit, and the provision of teaching and learning for a child otherwise than at a pupil referral unit by virtue of arrangements made under section 19A of the 1996 Act;

• “year 1” (“blwyddyn 1”) means the year group in which the majority of pupils attain the age of 6;

• “year 2” (“blwyddyn 2”) means the year group in which the majority of pupils attain the age of 7;

• “year 3” (“blwyddyn 3”) means the year group in which the majority of pupils attain the age of 8;

• “year 4” (“blwyddyn 4”) means the year group in which the majority of pupils attain the age of 9;

• “year 5” (“blwyddyn 5”) means the year group in which the majority of pupils attain the age of 10;

• “year 6” (“blwyddyn 6”) means the year group in which the majority of pupils attain the age of 11;

• “year 7” (“blwyddyn 7”) means the year group in which the majority of pupils attain the age of 12;

• “year 8” (“blwyddyn 8”) means the year group in which the majority of pupils attain the age of 13;

• “year 9” (“blwyddyn 9”) means the year group in which the majority of pupils attain the age of 14;

• “year 10” (“blwyddyn 10”) means the year group in which the majority of pupils attain the age of 15;

• “year 11” (“blwyddyn 11”) means the year group in which the majority of pupils attain the age of 16;

• “year 12” (“blwyddyn 12”) means the year group in which the majority of pupils attain the age of 17;

• “year 13” (“blwyddyn 13”) means the year group in which the majority of pupils attain the age of 18;

• “year group” (“grŵp blwyddyn”) means a group of children or pupils at a setting the majority of whom will, in a particular academic year, attain the same age.

Amendments to the Curriculum and Assessment (Wales) Act 2021

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Schedule 1 contains amendments to the Curriculum and Assessment (Wales) Act 2021.

Amendments to primary legislation

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Schedule 2 contains amendments to primary legislation.

SCHEDULE 1 — Amendments to the Curriculum and Assessment (Wales) Act 2021

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• (1) The Curriculum and Assessment (Wales) Act 2021 is amended as follows.

• (2) In section 13 (Welsh Ministers’ duty to publish a curriculum), in subsection (2), omit “, and any requirement imposed under section 25”.

• (3) In section 14 (review and revision of curriculum published by Welsh Ministers), in subsection (1), in paragraph (b), omit “, and any requirement imposed under section 25”.

• (4) In section 15 (curriculum adoption), in subsection (2), omit “, and any requirement imposed under section 25”.

• (5) In section 16 (curriculum review and revision), in subsection (1), in paragraph (b), omit “, and any requirement imposed under section 25”.

SCHEDULE 2 — Amendments to primary legislation

Children Act 1989 (c. 41)

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• (1) The Children Act 1989 is amended as follows.

• (2) In section 47 (local authority’s duty to investigate), in subsection (5ZA), in paragraph (a), in sub-paragraph (ii), after “section 19” insert “or 19A”.

• (3) In Schedule 2 (support for children and families provided by local authorities in England), in paragraph 12D (avoidance of disruption in education)—

• (a) in sub-paragraph (1), after “fourth key stage” insert “or within sub-paragraph (3)”;

• (b) in sub-paragraph (2)—

• (i) omit “or 7”;

• (ii) omit “and 103”;

• (c) after sub-paragraph (2) insert—

(3) A child is within this sub-paragraph if the child— (a) is a pupil at a maintained school maintained by a local authority in Wales, (b) has completed the school year in which the majority of pupils in the child’s class attained the age of 14, and (c) is still of compulsory school age. (4) In sub-paragraph (3)— (a) “pupil”, “school year” and “compulsory school age” have the meaning given by the Education Act 1996; (b) “maintained school” has the meaning given by section 20(7) of the School Standards and Framework Act 1998; (c) “the child’s class” means— (i) the teaching group in which the child is regularly taught at school, or (ii) where there are two or more such groups, the group designated by the head teacher of the child’s school.

Education Act 1996 (c. 56)

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• (1) The Education Act 1996 is amended as follows.

• (2) In section 18A (provision of education for persons subject to youth detention)—

• (a) in subsection (2)—

• (i) in the words before paragraph (a), after “a local authority” insert “in England”;

• (ii) in paragraph (ba), omit “in the case of a local authority in England,”;

• (iii) omit paragraph (bb);

• (b) in subsection (3)—

• (i) in paragraph (a), omit “in relation to a local authority in England,”;

• (ii) omit paragraph (b);

• (c) after subsection (4) insert—

(4A) In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons’ reasonable needs, a local authority in Wales must (in particular) have regard to— (a) the persons’ ages, abilities and aptitudes; (b) any additional learning needs the persons may have; (c) the desirability of enabling persons to complete programmes of study or training which they have begun; (d) the desirability that education received by young persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum; (e) the desirability that education received by children subject to youth detention should— (i) enable them to develop in the ways described in the four purposes, (ii) offer them appropriate progression, (iii) be broad and balanced, so far as is appropriate for them, and (iv) provide teaching and learning that encompasses the areas of learning and experience (including the mandatory elements within those areas) and develops the cross-curricular skills. (4B) In subsection (4A)(d), “relevant curriculum”, in relation to a local authority in Wales, means any local curriculum formed by the authority for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18). (4C) In subsection (4A)(e), expressions that are defined in, or are given a meaning by, the Curriculum and Assessment (Wales) Act 2021 have the same meaning as in that Act.

• (3) In section 19A (exceptional provision of education in pupil referral units or elsewhere: Wales), in subsection (5), after “efficient education suitable to” insert “the child’s or”.

• (4) In section 402 (obligation to enter pupils for public examinations)—

• (a) in subsection (2), omit the words after paragraph (b);

• (b) after subsection (2) insert—

(2A) But subsection (2) does not apply to— (a) an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in England), or (b) an examination which is part of the assessment arrangements for pupils of compulsory school age who have completed the school year in which the majority of the pupils in their class attained the age of 14 and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in Wales).

• (c) in subsection (6)—

• (i) in paragraph (aa)—

• (aa) omit the “and” after sub-paragraph (i);

• (bb) omit sub-paragraph (ii) and the “and” after it;

• (ii) after paragraph (aa) insert—

(ab) “assessment arrangements”, in relation to a school maintained by a local authority in Wales, has the same meaning as in Part 4 of the Curriculum and Assessment (Wales) Act 2021 (assessment and progression);

• (5) In section 406 (political indoctrination), in subsection (1), in paragraph (b)—

• (a) the words from “in the teaching” to the end become sub-paragraph (i);

• (b) at the end of that sub-paragraph insert “(in the case of a school in England), or”;

• (c) after that sub-paragraph insert—

(ii) in the teaching of any aspect of a curriculum provided in the school under the Curriculum and Assessment (Wales) Act 2021 (in the case of a school in Wales)

• (6) In section 408 (provision of information)—

• (a) in subsection (1), in paragraph (a), after “Qualifications Wales Act 2015” insert “or the provisions of the Curriculum and Assessment (Wales) Act 2021”;

• (b) in subsection (4)—

• (i) in paragraph (e), for “396” substitute “396A”;

• (ii) omit paragraph (h) and the “and” before it;

• (c) in subsection (4A), omit paragraph (b) and the “and” before it;

• (d) in subsection (6), in the words before paragraph (a)—

• (i) omit “or 7”;

• (ii) after “Education Act 2002” insert “or Part 4 of the Curriculum and Assessment (Wales) Act 2021”.

• (7) In section 409 (complaints and enforcement: maintained schools in Wales), in subsection (3)—

• (a) omit paragraph (aa) but not the “and” after it;

• (b) in paragraph (b), after “this Part” insert “or the Curriculum and Assessment (Wales) Act 2021”.

• (8) In section 451 (prohibition of charges for provision of education)—

• (a) in subsection (3) (as it has effect until the substitution made by section 56(1) of the Education and Inspections Act 2006 (c. 40) comes fully into force), in paragraph (b), for the words from “section 88” to the end substitute “or under the Curriculum and Assessment (Wales) Act 2021.”;

• (b) in subsection (4)—

• (i) in paragraph (b), omit “or 109”;

• (ii) at the end of paragraph (c) insert—

, or (d) provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.

• (9) In section 537B (provision of information about children receiving funded education outside school), in subsection (9), in the definition of “funded education”, after “section 19(1) and (4)” insert “or section 19A(1) and (4)”.

• (10) In section 554 (power to make new provision as to use of endowments)—

• (a) in subsection (3), in paragraph (b)—

• (i) after “religious education” insert “, or teaching and learning in Religion, Values and Ethics,”;

• (ii) after “1998” insert “, or in accordance with the Curriculum and Assessment (Wales) Act 2021”;

• (b) in subsection (4)—

• (i) in paragraph (a)—

• (aa) in sub-paragraph (i), after “religious education” insert “, or teaching and learning in Religion, Values and Ethics,”;

• (bb) in sub-paragraph (ii), after “religious education” insert “or teaching and learning in Religion, Values and Ethics”;

• (cc) in the words after sub-paragraph (ii), after “religious education” insert “or teaching and learning in Religion, Values and Ethics”;

• (ii) in paragraph (b)—

• (aa) in the words before sub-paragraph (i), after “religious education” insert “or teaching and learning in Religion, Values and Ethics”;

• (bb) in the words after sub-paragraph (iii), after “religious education” insert “or teaching and learning in Religion, Values and Ethics”;

• (c) after subsection (6) insert—

(6A) In this section, and sections 556 and 557, “Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.

• (11) In section 556 (content of orders under section 554), in subsection (3), after “religious education” insert “or teaching and learning in Religion, Values and Ethics”.

• (12) In section 557 (adoption of statutory trusts), in subsection (1)(b)—

• (a) in sub-paragraph (i), after “religious education” insert “or teaching and learning in Religion, Values and Ethics”;

• (b) in sub-paragraph (ii), after “religious education” insert “or teaching and learning in Religion, Values and Ethics”.

• (13) In section 579 (general interpretation), in subsection (1), in the definition of “the National Curriculum”—

• (a) in paragraph (a), omit “in relation to England”;

• (b) omit paragraph (b) and the “and” before it.

Education Act 1997 (c. 44)

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• (1) The Education Act 1997 is amended as follows.

• (2) In section 19 (school performance targets), in subsection (1), in paragraph (a), for “for the purposes of the National Curriculum” substitute “required by virtue of regulations made under Part 4 of the Curriculum and Assessment (Wales) Act 2021”.

• (3) Omit section 28.

• (4) Omit section 29.

• (5) Omit section 32.

• (6) In section 40 (inspector’s rights of entry etc)—

• (a) in subsection (2), in paragraph (c), after “section 19” insert “or 19A”;

• (b) in subsection (3), in paragraph (b), after “section 19” insert “or 19A”;

• (c) in subsection (8), after “section 19”, in both places it occurs, insert “or 19A”.

• (7) For section 43 (provision of careers education in schools in Wales) substitute—