Education Act 2002

100 Duty to implement general requirements E+W

(1) [F1 The Welsh Ministers shall exercise their functions] with a view to securing—

(a) that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 99, and

(b) that the curriculum for any funded nursery education provided otherwise than at a maintained school or maintained nursery school satisfies the requirements of that section.

(2) Every [F2 local authority] in Wales shall exercise their functions with a view to securing—

(a) that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 99, and

(b) that the curriculum for any funded nursery education provided, under arrangements made by them, otherwise than at a maintained school or maintained nursery school, satisfies the requirements of section 99.

(3) The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 99.

(4) The functions referred to in subsections (1) to (3) include in particular—

(a) functions conferred by this Part in relation to the National Curriculum for Wales, F3 ...

(b) except in relation to maintained nursery schools or the provision of funded nursery education otherwise than at a maintained school or maintained nursery school, functions relating to religious education and religious worship [F4 , and]

[F5 (c) functions conferred by this Part in relation to the local curriculum or curricula for a [F2 local authority]'s area.]

(5) Any person providing funded nursery education under the arrangements mentioned in section 98(2)(b) shall secure that the curriculum for that funded nursery education satisfies the requirements of section 99.

(6) In exercising any function which may affect the provision of sex education in maintained schools, every [F2 local authority] in Wales shall have regard to the guidance issued by the [F6 Welsh Ministers] under section 403(1A) of the Education Act 1996 (c. 56).

(7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a [F2 local authority] with regard to sex education.

(8) In exercising any function which may affect the provision in maintained schools of education of a kind required by virtue of an order under section 101(3)(a), a [F2 local authority] in Wales or the governing body of a maintained school shall have regard to any guidance from time to time given by the [F7 Welsh Ministers].

Textual Amendments

F1 Words in s. 100(1) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 14; S.I. 2009/3174, art. 2(1)(r)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F3 Word in s. 100(4)(a) omitted (1.1.2010) by virtue of Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 2(2), 49(2); S.I. 2009/3174, art. 2(2)(a)

F4 Word in s. 100(4)(b) inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 2(2), 49(2); S.I. 2009/3174, art. 2(2)(a)

F5 S. 100(4)(c) inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 2(3), 49(2); S.I. 2009/3174, art. 2(2)(a)

F6 Words in s. 100(6) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 12, 13; S.I. 2009/3174, art. 2(1)(r)

F7 Words in s. 100(8) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 12, 13; S.I. 2009/3174, art. 2(1)(r)

Modifications etc. (not altering text)

C1 S. 100 modified (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 5(1)(3)

C2 S. 100(1)(a)(2)(a)(3) modified (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 5(1)(2)

Commencement Information

I1 S. 100(1)(a)(2)(a)(3)(4)(6)-(8) in force at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I2 S. 100(1)(b)(2)(b)(5) in force at 1.8.2008 by S.I. 2008/1728, art. 3, Sch. Pt. 1