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Education Act 1997

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Changes over time for: Chapter II

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Version Superseded: 01/09/2022

Status:

Point in time view as at 01/09/2021.

Changes to legislation:

Education Act 1997, Chapter II is up to date with all changes known to be in force on or before 06 November 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. Help about Changes to Legislation

Chapter IIU.K. [F1Functions of the National Assembly for Wales]

F2...E+W

F327 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

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Functions of the [F4National Assembly for Wales] E+W

28 General function of [F5National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F6National Assembly for Wales] by this Part shall be exercised by [F7the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F8The National Assembly for Wales] shall exercise [F9its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F10it has] functions under this Part.

Textual Amendments

29 Functions of the [F11National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F12The National Assembly for Wales] shall have the functions set out in subsection (2) [F13 with respect to—

(a)pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

(b)pupils at maintained nursery schools in Wales, and

(c)children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.]

(2)The functions are—

(a)to keep under review all aspects of the curriculum for [F14maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e)to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F17...

(f)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(2A)In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.]

(3)The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are [F19under compulsory school age.]

(4)The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

(a)if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b)any other function which may be conferred on the Authority by the Secretary of State.

[F20(5)In this section—

  • assessment” includes examination and test;

  • funded nursery education” has the meaning given by section 98 of the Education Act 2002;

  • maintained school” means—

    (a)

    any community, foundation or voluntary school, and

    (b)

    any community F21... special school.

(6)In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community F22... special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.]

[F23(7)In this section references to ”school examinations and assessment” do not include examinations taken or assessments carried out for the purpose of the award of a qualification within the meaning of section 56 of the Qualifications Wales Act 2015.]

Textual Amendments

F13Words in s. 29(1) substituted (19.12.2002) by Education Act 2002 (c. 32), Sch. 17 para. 5(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

F14Words in s. 29(2)(a) substituted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 5(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

F19Words in s. 29(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 215 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Modifications etc. (not altering text)

F2630 Functions of the [F24National Assembly for Wales] in relation to [F25relevant] qualificationsE+W

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F2731 Other functions of the Authority.E+W

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32 Supplementary provisions relating to discharge by [F28the National Assembly for Wales of its functions].E+W

(1)In carrying out [F29its functions] under this Part [F30the National Assembly for Wales] shall—

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)so far as relevant, have regard to—

(i)the requirements of [F33section 99 of the Education Act 2002] (general duties in respect of curriculum),

(ii)the [F34reasonable] requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

[F35(iii)the reasonable requirements of persons with learning difficulties.]

(2)In carrying out those functions [F36the National Assembly for Wales] shall in addition have regard to information supplied [F37to it] by [F38Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru] or by any body designated by the Secretary of State for the purposes of this section.

F39(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44(6)In this section “persons with learning difficulties” means—

(a)children with [F45additional learning needs (as defined in section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018)], and

(b)other persons who—

(i)have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii)have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.]

Textual Amendments

F33Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2

F38Words in s. 32(2) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch.

F47[F4632ZA]Qualifications functions of Welsh Ministers: co-operation and joint working etc.E+W

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F47[F4832A] Power of Welsh Ministers to give directionsE+W

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F47[F4932AAPower of Welsh Ministers to impose monetary penaltiesE+W

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F4732ABMonetary penalties: amountE+W

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F4732ACMonetary penalties: appealsE+W

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F4732AD]Monetary penalties: interest and recoveryE+W

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F47[F5032B]Power of Welsh Ministers to withdraw recognitionE+W

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F47[F5132BACosts recoveryE+W

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F4732BBCosts recovery: appealsE+W

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F4732BC]Costs: interest and recoveryE+W

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F47[F5032C]Surrender of recognitionE+W

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