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Curriculum and Assessment (Wales) Act 2021, Section 38 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The Welsh Ministers may give a direction under this section in order to enable development work or experiments to be carried out.
(2)A direction may be given in relation to—
(a)a school specified in the direction;
(b)schools of a description specified in the direction;
(c)funded non-maintained nursery education of a description specified in the direction.
(3)A direction given in relation to a school must be given—
(a)to the head teacher and the governing body of the school, and
(b)to the local authority that maintains the school (unless the school is a foundation or voluntary aided school).
(4)A direction given in relation to a school may, for a period specified in the direction—
(a)disapply sections 27, 28, 29 and 30, or any of those sections, in relation to the school;
(b)provide that sections 27, 28, 29 and 30, or any of those sections, apply in relation to the school with the modifications specified in the direction.
(5)A direction given in relation to a school may also require—
(a)the head teacher and the governing body of the school, and
(b)the local authority that maintains the school (unless the school is a foundation or voluntary aided school),
to report to the Welsh Ministers on any matters specified in the direction at times or intervals specified in the direction.
(6)A direction given in relation to funded non-maintained nursery education must be given to—
(a)the provider of the education, and
(b)the local authority that secures the education.
(7)A direction given in relation to funded non-maintained nursery education may, for a period specified in the direction—
(a)disapply sections 34, 35 and 36, or any of those sections, in relation to that education;
(b)provide that sections 34, 35 and 36, or any of those sections, apply in relation to that education with the modifications specified in the direction.
(8)A direction given in relation to funded non-maintained nursery education may also require—
(a)the provider of the education, and
(b)the local authority that secures the education,
to report to the Welsh Ministers on any matters specified in the direction at times or intervals specified in the direction.
(9)A person to whom a direction is given under this section must comply with the direction.
Commencement Information
I1S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(c), Sch.
I2S. 38 in force at 1.9.2023 for specified purposes by S.I. 2022/652, art. 6(1)(2)(c)
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