Learning and Skills (Wales) Measure 2009

Legislation Crest

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Learning and Skills (Wales) Measure 2009

2009 nawm 1

A Measure of the National Assembly for Wales to make provision about the entitlement to education of children in the last two years of compulsory schooling and young persons who have not attained the age of nineteen; to make provision as regards the provision by maintained schools and institutions within the further education sector of services related to education; to make provision for the disclosure of curriculum information; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 17 March 2009 and approved by Her Majesty in Council on 13 May 2009, enacts the following provisions:—

PART 1 WLocal curriculum for pupils in Key Stage 4

GeneralW

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Basic curriculum for every maintained school in WalesW

Formation of local curriculaW

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EntitlementsW

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Pupils' local curriculum entitlementsW

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Delivery of local curriculum entitlementsW

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Joint-workingW

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13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SupplementalW

15Power to amend learning domainsW

16Application of local curriculum provisions to children who are not registered pupilsW

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18Local curriculum: directionsW

19Powers to alter or remove requirements for fourth key stageW

20Regulations and orders: procedureW

PART 2WLocal curriculum for students aged 16 to 18

GeneralW

21Education and training for persons aged 16 to 18W

Formation of local curriculaW

22Formation of local curricula for students aged 16 to 18W

23Local curricula: Welsh languageW

24Areas with more than one local curriculumW

EntitlementsW

25Determination of a pupil's “relevant school or institution”W

26Pupils' choices of local curriculum coursesW

27Students' local curriculum entitlementsW

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29Delivery of local curriculum entitlementsW

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint-workingW

31Planning the local curriculumW

32Delivery of local curriculum entitlements: joint-workingW

33Joint-working: guidance and directionsW

SupplementalW

34Power to amend learning domainsW

35The local curriculum: interpretationW

36Local curriculum: directionsW

37Application of local curriculum provisions to students who are registered pupils of special schools or who have learning difficultiesW

38Application of local curriculum provisions to institutions within the higher education sectorW

39Regulations and orders: procedureW

PART 3 WServices related to education, training and skills

Learner support servicesW

40Provision of services by maintained schools and further education institutionsW

41Duties of governing bodiesW

42Amendments to the Learning and Skills Act 2000W

Learning PathwaysW

43The learning pathway documentW

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of curriculum informationW

45Provision of curriculum informationW

PART 4 WMiscellaneous and supplemental

46Regulations in connection with the operation of the local curriculumW

(1)If the Welsh Ministers are of the opinion mentioned in subsection (2), they may by regulations make provision, for the specified purposes of an enactment, as to the circumstances in which—

(a)a person is, or is not, to be taken to be—

(i)a person for whom education is being provided at a school;

(ii)a pupil or registered pupil of a school or a registered parent of a registered pupil;

(iii)at a school;

(iv)attending, attending at or in attendance at a school;

(v)receiving education at a school;

(vi)studying, or intending to study at, a school;

(vii)a person who is admitted to or has been refused admission to a school;

(viii)applying for admission to a school, offering to admit a person to a school, accepting or refusing to accept an application for admission to a school or determining admissions to a school;

(ix)a person who has made a decision as to the school at which education is to be provided for a child;

(x)a person in respect of whom charges may be made in respect of admission to a maintained school.

(b)arrangements for the provision of education on behalf of a school are, or are not, to be taken to be admission arrangements;

(c)arrangements for enabling preferences to be expressed as to the school at which the person expressing the preference wishes education to be provided for himself or herself or another person do, or do not, apply;

(d)a person is, or is not, to be taken to be—

(i)receiving education or training at an institution within the further education sector;

(ii)attending, or in attendance at, such an institution;

(iii)a student of, or at, such an institution;

(iv)studying, or intending to study, at such an institution;

(v)applying for admission to such an institution, offering to admit a person to such an institution, accepting or refusing to accept an application for admission to such an institution, selecting a person for admission to such an institution or determining admissions to such an institution;

(vi)in relation to such an institution, a disabled person.

(2)The opinion is that the provision is necessary, desirable or expedient in connection with the operation of the amendments made to the Education Act 2002 (c. 32) and the Learning and Skills Act 2000 (c. 21) by Parts 1 and 2 of this Measure.

(3)The purposes that may be specified under subsection (1) include

those of making regulations or an order under an enactment.

(4)In this section “enactment” includes an enactment—

(a)contained in this Measure; or

(b)contained in an Act of Parliament or Measure of the National Assembly for Wales passed after the passing of this Measure.

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48Orders and regulationsW

(1)Any power of the Welsh Ministers to make regulations or an order under this Measure is exercisable by statutory instrument.

(2)Any such power includes power to—

(a)make different provision for different cases;

(b)make provision generally or in relation to specific cases;

(c)make such incidental, supplementary, transitional or saving provision as the Welsh Ministers think fit.

(3)Any statutory instrument containing regulations made under this Measure is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

49CommencementW

(1)Sections 46, 48, 50 and this section come into force at the end of a period of two months beginning with the day on which this Measure is approved by Her Majesty in Council.

(2)The remaining provisions of this Measure are to come into force on such day as the Welsh Ministers may by order appoint. Different days may be appointed for different purposes.

50Short titleW

This Measure may be cited as the Learning and Skills (Wales) Measure 2009.

(introduced by section 47)

SCHEDULEWMINOR AND CONSEQUENTIAL AMENDMENTS

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