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Education (Wales) Measure 2009
2009 nawm 5
A Measure of the National Assembly for Wales to make provision for children to have a right of appeal in respect of special educational needs, and a right to make a claim in respect of disability discrimination in schools, to the Special Educational Needs Tribunal for Wales; to make provision for the following in relation to special educational needs and disability discrimination in schools: advice and information services, arrangements for dispute resolution other than by appeals and claims to the Special Educational Needs Tribunal for Wales, and independent advocacy services; to make provision for piloting of the provisions of Part 1 of this Measure; to make provision about the curriculum in schools in Wales; and for connected purposes.
This Measure, passed by the National Assembly for Wales on 3 November 2009 and approved by Her Majesty in Council on 9 December, enacts the following provisions:—
PART 1WEDUCATION APPEALS AND CLAIMS BY CHILDREN
Special educational needs appealsW
1Right of a child to appeal in respect of special educational needsW
2Notice and service of documentsW
3Case friendsW
4Advice and informationW
5Resolution of disputesW
6Independent advocacy servicesW
7Tribunal procedureW
8Procedures for making regulationsW
Disability discrimination claimsW
[F29Right of a child to make a disability discrimination claimW
[F310[F3Time for bringing proceedings]W
[F411[F4Tribunal procedure]W
[F512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F613[F6Advice and information]W
[F714[F7Resolution of disputes]W
[F815[F8Independent advocacy services]W
[F916[F9Role of Welsh Ministers]W
PilotingW
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18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Future repeal and re-enactment of the Disability Discrimination Act 1995W
20Powers on repeal and re-enactment of the Disability Discrimination Act 1995W
PART 2WMISCELLANEOUS AND GENERAL
Amendments to Part 7 of the Education Act 2002W
21Foundation phaseW
(1)The Education Act 2002 (c. 32) is amended in accordance with this section.
(2)In section 97 (interpretation of Part 7)—
(a)in the definition of “assessment arrangements”, for “stage”, each time it appears, substitute “ phase ”;
(b)in the definition of “desirable outcomes”, for “foundation stage” substitute “ foundation phase ”;
(c)in the definition of “the foundation stage”, for “stage” substitute “ phase ”.
(3)In section 102 (including the heading), for “foundation stage”, each time those words appear, substitute “ foundation phase ”.
(4)In section 103, omit subsection (1)(a).
(5)In section 104 (including the heading), for “foundation stage”, each time those words appear, substitute “ foundation phase ”.
(6)In section 105 (including in the heading), omit the word “first,” each time it appears.
(7)In section 108—
(a)for “foundation stage”, each time those words appear, substitute “ foundation phase ”;
(b)in subsection (3), omit the word “first,”.
(8)In section 110 for “foundation stage”, each time those words appear, substitute “ foundation phase ”.
Amendments to the Learning and Skills Act 2000W
22Local curriculum entitlements for students aged 16 to 18W
(1)The Learning and Skills Act 2000 (c. 21) is amended in accordance with this section.
(2)In section 33F(1)(a), for “ceases to be” substitute “ was not at the beginning of the entitlement period, or subsequently ceases to be, ”.
(3)For the definition of “academic year” in section 33N(1), substitute the following—
““academic year” means the period beginning on the fourth Monday of September in any year and ending on the first day of September in the following year;”.
GeneralW
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24Orders and regulationsW
(1)Any power of the Welsh Ministers to make an order or regulations under this Measure is exercisable by statutory instrument.
(2)Any power of the Welsh Ministers to make an order or regulations under this Measure includes power—
(a)to make different provision for different cases or areas;
(b)to make provision generally or in relation to specific cases;
(c)to make such incidental, supplementary, transitory, transitional or saving provision as the Welsh Ministers think fit.
(3)Any statutory instrument containing regulations made under section 17(1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(4)A statutory instrument containing an order under section 18 or 20 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
25Orders under section 18: procedureW
(1)Before the Welsh Ministers make an order under section 18 they must—
(a)consult such persons as appear to them to be representative of interests affected by their proposals;
(b)have regard to the findings of their report under section 17(3).
(2)If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 18 they must lay before the National Assembly for Wales a document including—
(a)an explanation of the proposals,
(b)a draft of the proposed order, and
(c)details of the consultation under subsection (1)(a).
(3)Where a document is laid before the National Assembly for Wales under subsection (2), a draft of an order under section 18 to give effect to the proposals (with or without modification) must not be laid before the Assembly until after the expiry of the period of sixty days beginning with the day on which the document was laid.
(4)In calculating the period mentioned in subsection (3) no account is to be taken of any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.
(5)In preparing a draft order under section 18 the Welsh Ministers must consider any representations made during the period mentioned in subsection (3).
(6)A draft order laid before the National Assembly for Wales in accordance with section 24(4) must be accompanied by a statement of the Welsh Ministers giving details of—
(a)any representations considered in accordance with subsection (5), and
(b)any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2).
26CommencementW
(1)The following provisions come into force at the end of a period of two months beginning on the day on which this Measure is approved by Her Majesty in Council—
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section 24,
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section 25,
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this section,
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section 27.
(2)Paragraphs 10 to 12 of the Schedule come into force on the day on which this Measure is approved by Her Majesty in Council.
(3)The remaining provisions of this Measure come into force in accordance with provision made by the Welsh Ministers by order.
27Short titleW
This Measure may be cited as the Education (Wales) Measure 2009.
(introduced by section 23)
SCHEDULEWMINOR AND CONSEQUENTIAL AMENDMENTS
Education Act 1996 (c. 56)W
1WAmend the Education Act 1996 as follows.
2WIn section 326(4) (appeal against contents of the statement)—
(a)in paragraph (b), omit the full stop and after “school” insert “ , or ”;
(b)after paragraph (b) insert—
“(c)in the case of proceedings relating to a statement maintained by a [F1local authority] in Wales only, the child has proposed the school in the proceedings (whether or not the parent, the [F1local authority] or both have also proposed the school).”.
3WIn section 326A (unopposed appeals), in subsection (1)(a), for “the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a [F1local authority], and” substitute— “either—
(i)the parent of a child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a [F1local authority] in England or Wales, or
(ii)the child has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a [F1local authority] in Wales, and”.
4WIn section 333 (constitution of Welsh Tribunal), in subsection (1ZB), for “this section and sections 334 to 336ZB” substitute “ this Part ”.
5WIn Schedule 27 (making and maintenance of statements under section 324)—
(a)in paragraph 8(1)(b)(iv), for “the parent has appealed” substitute “ there is an appeal ”;
(b)in paragraph 11(4), for “the parent of the child appeals” substitute “ there is an appeal ”;
(c)in paragraph 11(5)(a), for “the parent of the child has appealed” substitute “ there has been an appeal ”.
Disability Discrimination Act 1995 (c. 50)W
6WAmend the Disability Discrimination Act 1995 as follows.
7WIn section 28G (residual duty: supplementary provisions), in subsection (5), after “28I,” insert “ 28IA, ”.
8WIn section 28P (validity and revision of agreements of responsible bodies) in subsection (2)(a), after “28I” insert “ , 28IA ”.
9WIn Schedule 3 (enforcement and procedure), Part 3 (discrimination in schools)—
(a)in paragraph 9 (restriction on proceedings for breach of Part 4, Chapter 1), in sub-paragraph (1), after “28I,” insert “ 28IA, ”;
(b)in paragraph 10 (period within which proceedings may be brought), in sub-paragraph (1), after “28I” insert “ or section 28IA ”;
(c)in paragraph 10(2)—
(i)after “28I” insert “ or section 28IA ”;
(ii)before “section 27 of the Equality Act 2006” insert “ section 28ID of this Act or ”;
(d)in paragraph 10(3), after “28I” insert “ or section 28IA ”;
(e)in paragraph 11 (evidence) in sub-paragraph (1B), after “28I,” insert “ 28IA, ”.
Education and Inspections Act 2006 (c. 40)W
10WSection 162 of the Education and Inspections Act 2006 is amended as follows.
11WFor subsection (5A) substitute—
“(5A)The Welsh Ministers may by order—
(a)make such provision as appears to them to be appropriate for the purpose of—
(i)repealing any reference in a Measure of the National Assembly for Wales to a [F1local authority] (however expressed), and
(ii)replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority;
(b)make such provision as appears to them to be appropriate in consequence of or in connection with any provision made by virtue of paragraph (a).
(5B)An order under subsection (5A) may make provision modifying any enactment whenever passed or made, and may, in particular, make provision of the kind specified in paragraphs (a) to (e) of subsection (2).”.
Textual Amendments
F1Words in Measure substituted (5.5.2010) by Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Wales) Order 2010 (S.I. 2010/1148), arts. 1, 5(2)
After subsection (6) insert—W
12“(7)In interpreting paragraphs (a) to (e) of subsection (2) for the purposes of subsection (5B), “statutory provision” also includes any provision of a Measure of the National Assembly for Wales, including any Measure passed after the Education (Wales) Measure 2009.”.