Legislation – The Health Protection (Coronavirus Restrictions) (School Premises and Further Education Institution Premises) (Wales) Regulations 2020

Title, application, coming into force and interpretation1.

(1)

The title of these Regulations is the Health Protection (Coronavirus Restrictions) (School Premises and Further Education Institution Premises) (Wales) Regulations 2020.

(2)

These Regulations apply in relation to Wales.

(3)

These Regulations come into force on 14 December 2020.

(4)

In these Regulations—

(a)

the “1996 Act” means the Education Act 19962;

(b)

“boarder” has the meaning given by section 579 of the 1996 Act;

(c)

“critical worker” means a worker the local authority considers to be a critical worker having had regard to guidance published by the Welsh Ministers on identifying children of critical workers;;

(d)

“further education institution” means—

(i)

an institution within the further education sector;

(ii)

a provider of education or training within the meaning of section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 20003 that—

(aa)

is not an institution within the meaning of paragraph (i),

(bb)

is not an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 19924, and

(cc)

is in receipt of funding for provision of that education or training from the Welsh Ministers or a local authority,

but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;

(e)

“independent school” has the meaning given by section 463 of the 1996 Act;

(f)

“institution within the further education sector” has the meaning given by section 91(3) of the Further and Higher Education Act 1992;

(g)

“parent” has the meaning given by section 576 of the 1996 Act;

(h)

“proprietor” has the meaning given by section 579 of the 1996 Act in relation to a school and, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution;

(i)

“pupil” has the meaning given by section 3 of the 1996 Act;

(j)

“pupil referral unit” has the meaning given by section 19 of the 1996 Act;

(k)

“special educational needs” has the meaning given by section 312 of the 1996 Act;

(l)

“special school” means—

(i)

a special school within the meaning given by section 337 of the 1996 Act;

(ii)

an independent school which wholly or mainly provides education for pupils with special educational needs;

(m)

“school” has the meaning given by section 4 of the 1996 Act;

(n)

“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

(o)

“year 7” means a year group in which the majority of children will, in the school year, attain the age of 12;

(p)

“year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age.