(1)Subject to subsections (2) and (3), a service provider may demand from a person mentioned in subsection (6) such curriculum information as is specified in the demand.
(2)A service provider must not demand any curriculum information unless the provider reasonably considers that the information would assist it in providing its services.
(3)A service provider must not demand any curriculum information which identifies, or allows to be identified, any pupil or student.
(4)A person mentioned in subsection (6) must comply with a demand made under subsection (1) by providing the service provider with the information demanded.
(5)A service provider may publish in whatever form it sees fit any curriculum information provided under subsection (4).
(6)The persons referred to in subsection (1) are—
(a)the governing body and head teacher of a school in Wales falling within section 43(2)(a); [F3and]
[F4(aa)the local authority and the teacher in charge of a pupil referral unit maintained by a local authority in Wales; and]
(b)the governing body and principal of an institution within the further education sector in Wales.
(7)In this section—
“curriculum information” means—
in relation to a school mentioned in subsection (6)(a), information about the curriculum for registered pupils at the school [F5during the relevant phase of their education] [F5who are receiving secondary education]; and
[F6in relation to a pupil referral unit, information about the curriculum for registered pupils at the unit who are receiving secondary education; and]
in relation to an institution within the further education sector, information about the courses of study and other education and training available at the institution;
“pupil” means, in relation to a school mentioned in subsection (6)(a), a person receiving education at the school;
[F7“relevant phase” has the same meaning as in section 43(5);]
“service provider” means a person providing services in pursuance of arrangements made with, or directions given by, the Welsh Ministers under section 10 of the Employment and Training Act 1973, and “services” shall be construed accordingly; and
“student” means, in relation to an institution within the further education sector, a person receiving education at the institution.]
Textual Amendments
F1S. 45B inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 45(2), 49(2); S.I. 2009/3174, art. 2(1)(p)
F2Word in s. 45B heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(7), 82(3); S.I. 2012/1087, art. 3
F3Word in s. 45B(6) omitted (1.9.2022 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. 3(10)(a)(i)
F4S. 45B(6)(aa) inserted (1.9.2022 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(10)(a)(ii)
F5Words in s. 45B(7) substituted (1.9.2022 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(10)(b)(i)(aa)
F6Words in s. 45B(7) inserted (1.9.2022 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(10)(b)(i)(bb)
F7Words in s. 45B(7) omitted (1.9.2022 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. 3(10)(b)(ii)