(1)This section makes provision for a relevant pupil and a relevant student to be provided with a document which records his or her learning pathway (a “learning pathway document”).
(2)In subsection (1), a pupil's or student's “learning pathway” means—
(a)the courses of study (if any) that the pupil or student is entitled to follow under [F1section 116E(1) of the Education Act 2002 or] section 33F(1) of the Learning and Skills Act 2000; and
(b)the learner support services (if any) to be provided to a pupil or student by virtue of section 40 of this Measure.
(3)The learning pathway document—
(a)must be provided within a reasonable period of time following an entitlement arising as described in subsection (2)(a) or a decision being taken to provide services as described in subsection (2)(b); and
(b)must subsequently be amended or re-issued within a reasonable period of time following—
(i)a variation in such an entitlement or decision; or
(ii)such an entitlement arising or such a decision being taken.
(4)The duty to provide a learning pathway document under subsection (3)(a) is a duty of—
(a)in the case of a relevant pupil, the head teacher of the pupil's maintained school when an event described in subsection (3)(a) occurs; and
(b)in the case of a relevant student, the principal of the student's institution when an event described in subsection (3)(a) occurs.
(5)The duty to amend or re-issue a learning pathway document under subsection (3)(b) is a duty of—
(a)in the case of a relevant pupil, the head teacher of the pupil's maintained school when an event described in subsection (3)(b) occurs; and
(b)in the case of a relevant student, the principal of the pupil's institution when an event described in subsection (3)(b) occurs.
(6)A head teacher of a maintained school and principal of an institution must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
[F2(7)The Welsh Ministers must consult the Commission for Tertiary Education and Research before giving guidance under subsection (6).]
Textual Amendments
F1Words in s. 43(2)(a) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 11(3)
F2S. 43(7) inserted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 25(3) (with s. 19); S.I. 2024/806, art. 2(k)(xiv) (with art. 28)
Commencement Information
I1S. 43 in force at 7.12.2009 by S.I. 2009/3174, art. 2(1)(n)