Legislation – Curriculum and Assessment (Wales) Act 2021

PART 1
BASIC CONCEPTS AND KEY DOCUMENTS

2 The four purposes

3 The areas of learning and experience

4 The mandatory cross-curricular skills

5 Power to amend sections 3 and 4

6 The What Matters Code

7 The Progression Code

PART 2
CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION

CHAPTER 1 CURRICULUM DESIGN AND ADOPTION

9 Introduction and interpretation

Maintained schools and maintained nursery schools

10 Curriculum design

11 Curriculum adoption

12 Curriculum review and revision

Funded non-maintained nursery education

13 Welsh Ministers’ duty to publish a curriculum

14 Review and revision of curriculum published by Welsh Ministers

15 Curriculum adoption

16 Curriculum review and revision

Supplementary provision

17 Power to make supplementary provision about curriculum adoption and revision

18 Power to make supplementary provision about curriculum summaries

CHAPTER 2 CURRICULUM REQUIREMENTS

19 Introduction

Curriculum requirements

20 The four purposes

23 Breadth and balance

24 Areas of learning and experience and cross-curricular skills

25 Power to impose further curriculum requirements

CHAPTER 3 CURRICULUM IMPLEMENTATION

26 Introduction and interpretation

Maintained schools and maintained nursery schools

27 Duty to ensure implementation of adopted curriculum

28 General implementation requirements

29 Further implementation requirements for pupils aged 3 to 14

30 Further implementation requirements for pupils aged 14 to 16

31 Power to disapply duty to implement pupil choice

32 Power to disapply duty to implement pupil choice: supplementary

33 Reviews and appeals relating to pupil choice

Funded non-maintained nursery education

34 Duty to ensure implementation of adopted curriculum

35 General implementation requirements

36 Requirements relating to areas of learning and experience and cross-curricular skills

CHAPTER 4 CURRICULUM IMPLEMENTATION: EXCEPTIONS

37 Introduction

38 Development work and experiments

39 Development work and experiments: conditions

40 Development work and experiments: supplementary

41 Pupils and children with additional learning needs

42 Temporary exceptions for individual pupils and children

43 Temporary exceptions for individual pupils and children: supplementary

44 Provision of information about temporary exceptions

45 Appeals about temporary exceptions for individual pupils

46 Appeals about temporary exceptions for individual children

47 Exception for pupils for whom arrangements are made under section 19A of the Education Act 1996

48 Power to make provision for further exceptions

PART 3
CURRICULUM FOR EXCEPTIONAL PROVISION OF EDUCATION IN PUPIL REFERRAL UNITS OR ELSEWHERE

49 Introduction

50 Curriculum requirements

51 Curriculum review and revision

52 Curriculum implementation

53 Curriculum requirements

54 Review and revision

55 Curriculum implementation

PART 4
ASSESSMENT AND PROGRESSION

56 Duty to make provision about assessment arrangements

57 Promoting and maintaining understanding of progression

PART 5
CURRICULUM: POST COMPULSORY EDUCATION IN MAINTAINED SCHOOLS

58 Introduction and interpretation

59 General curriculum requirement

60 Curriculum requirement: Relationships and Sexuality Education

61 Curriculum requirement: Religion, Values and Ethics

62 Further curriculum requirements

PART 6
SUPPLEMENTARY

63 Duty to have regard to mental health and emotional well-being of children and young persons

64 Duty to promote knowledge and understanding of UN Conventions on the rights of children and persons with disabilities

65 Duty to co-operate

66 Welsh Ministers’ duty to facilitate the performance of functions

67 Local authorities’ duty to facilitate the performance of functions

68 Welsh Ministers’ duty to promote access etc to Welsh medium courses of study

69 Power to make provision for children receiving education in more than one setting etc

70 Power to apply Act to detained children and detained young persons

71 Duty to have regard to guidance

PART 7
GENERAL

72 Status of this Act as an Education Act

73 Minor and consequential amendments and repeals

74 Power to make additional provision to give full effect to this Act etc

76 The What Matters Code and the Progression Code: procedure

77 The RSE Code: procedure

78 Written information, notices and directions

79 Meaning of “maintained school”, “maintained nursery school” and associated expressions

80 Meaning of “funded non-maintained nursery education” and associated expressions

81 Meaning of “pupil referral unit” and associated expressions

82 General interpretation

83 Index of expressions defined in this Act

84 Coming into force

SCHEDULES

SCHEDULE 1 RELIGION, VALUES AND ETHICS

SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

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Changes and effects yet to be applied to Schedule 2 Paragraph 33:

s. 7(1A) inserted by 2025 asc 2 s. 12(3)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 7(1A) inserted by 2025 asc 2 s. 12(3)

SCHEDULE 2MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

School Standards and Framework Act 1998 (c. 31)

33

Before section 69 (and the italic heading before it) insert—

“Designation of schools: Wales

68ADesignation of schools with a religious character: Wales

(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.”