The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 3) Regulations 2022

Made: 4 July 2022

Laid before Senedd Cymru: 6 July 2022

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

The Welsh Ministers, in exercise of the powers conferred on them by sections 74(1) and 75(1)(b) of the Curriculum and Assessment (Wales) Act 2021[^f00001], make the following Regulations:

PART 1 — Introduction

Title and commencement

1

• (1) The title of these Regulations is the Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 3) Regulations 2022.

• (2) Subject to paragraph (3) these Regulations come into force on 1 September 2022.

• (3) Regulations 7(4), 9(2) and (3), 10(3), (5), (7) and (8), 11(4), 13(3), 14(3), 15(2) and (3), 16(2) and (3), 17(2), and 19(2) and (3) provide the dates on which specific provisions of Part 2 (Consequential Amendments) come into force.

Interpretation

2

• (1) 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;

• “academic year” (“blwyddyn academaidd”) means the period of 12 months beginning on 1 September;

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

• “head teacher” (“pennaeth”) has the meaning given to it in section 579(1) of the 1996 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;

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

• “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;

• “provider of funded non-maintained nursery education” (“darparwr addysg feithrin a gyllidir ond nas cynhelir”) has the meaning given to it in section 80(2)(a) 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 nursery school, 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 6” (“blwyddyn 6”) means a year group in which the majority of pupils attain the age of 11;

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

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

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

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

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

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

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

• “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.

• (2) Expressions used in these Regulations and in the 2021 Act have the same meaning as in that Act.

PART 2 — Consequential Amendments

The Education (School Curriculum and Related Information) Regulations 1989

3

In regulation 1(3) of the Education (School Curriculum and Related Information) Regulations 1989[^f00004] omit the words “and Wales”.

The Education (National Curriculum) (Exceptions) (Wales) Regulations 1995

4

The Education (National Curriculum) (Exceptions) (Wales) Regulations 1995[^f00005] are revoked.

The Education (Special Educational Needs) (Information) (Wales) Regulations 1999

5

• (1) The Education (Special Educational Needs) (Information) (Wales) Regulations 1999[^f00006] are amended as follows.

• (2) In regulation 2, insert in the appropriate place—

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

• (3) For paragraph 9 of Schedule 1, paragraph 6 of Schedule 2 and paragraph 7 of Schedule 3, substitute—

Arrangements for providing access by pupils with special educational needs to— (a) a balanced and broadly based curriculum (including the National Curriculum); or (b) a curriculum adopted under the 2021 Act.

The Education (Special Educational Needs) (Wales) Regulations 2002

6

• (1) The Education (Special Educational Needs) (Wales) Regulations 2002[^f00007] are amended as follows.

• (2) In regulation 2, insert in the appropriate place—

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

• (3) In paragraph (5) of regulations 20 and 21, for sub-paragraph (c) substitute—

(c) where the school is a community, foundation or voluntary school or a community or foundation special school other than a special school established in a hospital, the application of the provisions of— (i) the National Curriculum to the child, and the progress made in relation to those provisions by the child since the statement was made or the last review under section 328; or (ii) the curriculum adopted or otherwise provided to the child under the 2021 Act and the progress made in relation to those provisions by the child, as assessed under arrangements made in regulations under section 56 of the 2021 Act since the statement was made or the last review under section 328;

The Education Standards Grants (Wales) Regulations 2002

7

• (1) The Education Standards Grants (Wales) Regulations 2002[^f00008] (“the 2002 Regulations”) are amended as follows.

• (2) In regulation 2(1)—

• (a) insert in the appropriate places—

• “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;

• “Hwb” means the digital platform for learning and teaching in Wales which— is a strategic digital channel provided by the Welsh Government to support the delivery of the curriculum in Wales, and provides access to a range of Welsh Government funded bilingual digital tools and resources;

• “reception year” (“blwyddyn derbyn”) means a year group in which the majority of 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, and a pupil referral unit;

• “summer digital competence school” (“ysgol haf ar gymhwysedd digidol”) means a scheme taking place during the summer holidays which aims to raise standards of digital competence in pupils who are about to join secondary school;

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

, and

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

, and

• (b) omit the definition of “National Grid for Learning”.

• (3) In the Schedule—

• (a) in paragraph 1 omit sub-paragraphs (d), (e) and (h),

• (b) in paragraph 4 for sub-paragraph (a) substitute—

(a) Support for schemes to improve the teaching of literacy, numeracy and digital competence in primary schools with a view to improving pupils’ literacy, numeracy and digital competence in such schools.

• (c) in paragraph 4 for sub-paragraph (c) substitute—

(c) Support for the setting up and running of summer literacy schools, summer numeracy schools and summer digital competence schools.

, and

• (d) in paragraph 9 for sub-paragraph (a) substitute—

(a) Support to enable maintained schools to secure effective use of the networked educational services made available through Hwb.

• (4) The amendments in paragraph (5) come into force—

• (a) from 1 September 2022 in respect of—

• (i) children and pupils in the nursery year to year 6 in a maintained school;

• (ii) pupils in year 7 at a maintained school where the head teacher and governing body have adopted a relevant curriculum for those year 7 pupils under Part 2 of the 2021 Act;

• (b) from 1 September 2023 in respect of children and pupils in years 7 and 8 at a maintained school;

• (c) from 1 September 2024 in respect of children and pupils in year 9 at a maintained school;

• (d) from 1 September 2025 in respect of children and pupils in year 10 at a maintained school;

• (e) from 1 September 2026 in respect of children and pupils in all other year groups at a maintained school.

• (5) The following amendments apply—

• (a) in regulation 2(1), omit the definition of “key stages 1, 2, 3 and 4”, and

• (b) in the Schedule—

• (i) in paragraph 1—

• (aa) in sub-paragraph (a), for “National Curriculum” substitute “curriculum adopted under the 2021 Act”,

• (bb) in sub-paragraph (b), after “attainment” in the first place it occurs, omit the text to the end and insert in its place “and learning progression of pupils and reducing any difference in such standards of attainment and learning progression between male and female pupils;”,

• (cc) in sub-paragraph (c), for “the arrangements for assessing pupils in relation to National Curriculum attainment targets under Chapter II of Part V of the 1996 Act, or in relation to a baseline assessment scheme” substitute “any assessment or progression arrangements required under sections 56 and 57 of the 2021 Act”,

• (dd) in sub-paragraph (f), for “young people in Years 9 to 13” substitute “children and pupils in reception year to year 13”,

• (ee) omit sub-paragraph (g), and

• (ff) in sub-paragraph (j), for “subjects” substitute “examinations”,

• (ii) in paragraph 2, in sub-paragraph (a), for “improve the standards attained by” substitute “provide for appropriate progression by children and”,

• (iii) in paragraph 4—

• (aa) in sub-paragraph (b), for “standards” to the end substitute “learners’ literacy, numeracy and digital competence by encouraging parents to assist their children to develop their communication skills.”, and

• (bb) in sub-paragraph (d), for “to improve standards of literacy in Welsh and English and standards of numeracy in schools” substitute “in schools to improve pupils’ progression in Welsh and English, numeracy and digital competence”,

• (iv) in paragraph 5—

• (aa) in sub-paragraph (c), for “standards of achievement” substitute “progression”, and

• (bb) in sub-paragraph (f), after “to”, insert “support appropriate progression and”, and

• (v) in paragraph 7, for “subjects required to be taught under the National Curriculum” substitute “areas of learning and experience and cross curricular skills required to be taught as part of the school’s relevant curriculum under the 2021 Act”.”.

• (6) In this regulation, “maintained school” has the same meaning as in regulation 2(1) of the 2002 Regulations[^f00009].

The Single Education Plan (Wales) Regulations 2006

8

The Single Education Plan (Wales) Regulations 2006[^f00010] are revoked.

The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007

9

• (1) The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007[^f00011] are amended as follows.

• (2) Paragraphs 1, 2 and 10 of Schedule 1 are disapplied—

• (a) from 1 September 2022 in respect of—

• (i) pupils in the reception year to year 6;

• (ii) pupils in year 7 where a relevant curriculum is provided for those year 7 pupils under Part 3;

• (b) from 1 September 2023 in respect of pupils in years 7 and 8;

• (c) from 1 September 2024 in respect of pupils in year 9;

• (d) from 1 September 2025 in respect of pupils in year 10.

• (3) On 1 September 2026, paragraphs 1, 2 and 10 of Schedule 1 are revoked.

The Education (Information About Individual Pupils) (Wales) Regulations 2007

10

• (1) The Education (Information About Individual Pupils) (Wales) Regulations 2007[^f00012] (“the 2007 Regulations”) are amended as follows.

• (2) In regulation 3, insert in the appropriate places—

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

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

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

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

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

, and

• “year group” (“grŵp blwyddyn”) means a group of children at a school the majority of whom will, in a particular school year, attain the same age;

• (3) The amendment in paragraph (4) comes into force—

• (a) from 1 September 2022 in respect of—

• (i) pupils in the nursery year to year 6 at a maintained school;

• (ii) pupils in year 7 at a maintained school where the head teacher and governing body have adopted a relevant curriculum for those year 7 pupils under Part 2 of the 2021 Act;

• (b) from 1 September 2023 in respect of pupils in years 7 and 8 at a maintained school;

• (c) from 1 September 2024 in respect of pupils in year 9 at a maintained school.

• (4) In paragraph (5) of regulation 5—

• (a) the text of sub-paragraph (a) becomes sub-paragraph (a)(i), and

• (b) after that sub-paragraph insert—

(ii) any assessment of pupils in the nursery year to year 9 inclusive made under section 56 of the 2021 Act in relation to a relevant curriculum;

• (5) The amendment in paragraph (6) comes into force—

• (a) from 1 September 2022 in respect of—

• (i) pupils in the nursery year to year 6 at a maintained school;

• (ii) pupils in year 7 at a maintained school where the head teacher and governing body have adopted a relevant curriculum for those year 7 pupils under Part 2 of the 2021 Act;

• (b) from 1 September 2023 in respect of pupils in years 7 and 8 at a maintained school;

• (c) from 1 September 2024 in respect of pupils in year 9 at a maintained school;

• (d) from 1 September 2025 in respect of pupils in year 10 at a maintained school.

• (6) In Schedule 2, for paragraph 1(j) substitute—

for pupils in nursery year to year 11, the year group in which the pupil is taught;

• (7) On 1 September 2024—

• (a) in regulation 3—

• (i) omit the definition of “foundation phase”, and

• (ii) for the definition of “key stage” substitute—

• “key stage” (“cyfnod allweddol”) means any of the periods set out in paragraphs (c) to (d) of section 103(1) of the 2002 Act and a reference to the third key stage is a reference to the period set out in paragraph (c) of section 103(1) of the 2002 Act;

, and