Curriculum and Assessment (Wales) Act 2021 Explanatory Notes

1. Introduction

2. General Overview of the Act

3. Commentary on Sections

   1. Part 1 - Basic Concepts and Key Documents

      1. Section 1 – Introduction

      2. Sections 2 to 4 – Basic concepts

      3. Sections 6 to 8 - Codes

   2. Part 2 – Curriculum in Maintained Schools, Maintained Nursery Schools and Funded Non-Maintained Nursery Education

      1. Chapter 1 - Curriculum Design and Adoption

         1. Section 9 – Introduction and interpretation

         2. Maintained schools and maintained nursery schools

            1. Section 10 – Curriculum design

            2. Section 11 – Curriculum adoption

            3. Section 12 – Curriculum review and revision

            4. Sections 13 and 14 – Welsh Ministers’ duty to publish a curriculum for funded non-maintained nursery education settings

            5. Sections 15 and 16 – Curriculum adoption, review and revision

            6. Section 17 – Power to make supplementary provision about curriculum adoption and revision

            7. Section 18 – Power to make supplementary provision about curriculum summaries

      2. Chapter 2 – Curriculum Requirements

         1. Section 19 - Introduction

         2. Sections 20 to 24 - Curriculum requirements

         3. Section 25 – Power to impose further curriculum requirements

      3. Chapter 3 – Curriculum Implementation

         1. Section 26 – Introduction and interpretation

         2. Maintained schools and maintained nursery schools

            1. Section 27 – Duty to ensure implementation of adopted curriculum

            2. Section 28 – General implementation requirements

            3. Section 29 – Further implementation requirements for pupils aged 3 to 14

            4. Section 30 – Further implementation requirements for pupils aged 14 to 16

            5. Section 31 – Power to disapply duty to implement pupil choice

            6. Section 32 - Power to disapply duty to implement pupil choice: supplementary

            7. Section 33 – Reviews and appeals relating to pupil choice

         3. Funded non-maintained nursery education

            1. Section 34 – Duty to ensure the implementation of adopted curriculum

            2. Section 35 – General implementation requirements

            3. Section 36 – Requirements related to areas of learning and experience and cross-curricular skills

      4. Chapter 4 – Curriculum Implementation: Exceptions

         1. Section 37 - Introduction

         2. Section 38 – Development work and experiments

         3. Section 39 – Development work and experiments: conditions

         4. Section 40 - Development work and experiments: supplementary

         5. Section 41 – Pupil and children with additional learning needs

         6. Section 42 – Temporary exceptions for individual pupils and children

         7. Section 43 – Temporary exceptions for individual pupils and children: supplementary

         8. Section 44 – Provision of information about temporary exceptions

         9. Section 45 - Appeals about temporary exceptions for individual pupils

         10. Section 46 - Appeals about temporary exceptions for individual children

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

         12. Section 48 – Power to make provision for further exceptions

   3. Part 3 - Curriculum for Exceptional Provision of Education in Pupil Referral Units Or Elsewhere

      1. Section 49 - Introduction

      2. Pupil Referral Units (PRUs)

         1. Section 50 – Curriculum requirements

         2. Section 51 – Curriculum review and revision

         3. Section 52 – Curriculum implementation

      3. Other education provided under section 19A of the Education Act 1996

         1. Section 53 – Curriculum requirements

         2. Section 54 – Review and revision

         3. Section 55 – Curriculum implementation

   4. Part 4 Assessment and Progression

      1. Section 56 – Duty to make provision about assessment arrangements

      2. Section 57 – Promoting and maintaining understanding of progression

   5. Part 5 Post Compulsory Education in Maintained Schools

      1. Section 58 – Introduction and interpretation

      2. Section 59 - General curriculum requirement

      3. Section 60 - Curriculum requirement: Relationships and Sexuality Education

      4. Section 61 - Curriculum requirement: Religion, Values and Ethics

      5. Section 62 - Further curriculum requirements

   6. Part 6 Supplementary

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

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

      3. Section 65 - Duty to co-operate

      4. Section 66 - Welsh Ministers’ duty to facilitate the performance of functions

      5. Section 67 - Local authorities’ duty to facilitate the performance of functions

      6. Section 68 - Welsh Ministers’ duty to promote access etc to Welsh medium courses of study

      7. Section 69 - Power to make provision for children receiving education in more than one setting etc

      8. Section 70 - Power to apply Act to detained children and detained young persons

      9. Section 71 - Duty to have regard to guidance

   7. Part 7 General

      1. Section 72 - Status of this Act as an Education Act

      2. Section 73 - Minor and consequential amendments and repeals

      3. Section 74 - Power to make additional provision to give full effect to this Act etc

      4. Section 75 - Regulations

      5. Section 76 - The What Matters Code and the Progression Code: procedure

      6. Section 77 - The RSE Code: procedure

      7. Section 78 - Written information, notices and directions

      8. Section 79 - Meaning of “maintained school”, “maintained nursery school” and associated expressions

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

      10. Section 81 - Meaning of “pupil referral unit” and associated expressions

      11. Section 82 - General interpretation

      12. Section 83 - Index of expressions defined in this Act

      13. Section 84 - Coming into force

      14. Section 85 - Short title

   8. Schedule 1 - Religion, Values and Ethics

      1. Parts 1 and 2 – Curriculum design and implementation

         1. Community schools and foundation and voluntary schools without a religious character

         2. Foundation and voluntary controlled schools that have a religious character

         3. Voluntary aided schools that have a religious character

      2. Part 3 – Interpretation

   9. Schedule 2 - Minor and Consequential Amendments and Repeals

      1. Education Act 1996

      2. Education Act 1997

      3. School Standards and Framework Act 1998

      4. Education Act 2002

      5. Additional Learning Needs and Education Tribunal (Wales) Act 2018

4. Record of Proceedings in Senedd Cymru