Education Act 2002

111 Development work and experimentsE+W

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(1)For the purpose of enabling development work or experiments to be carried out, the [F1Welsh Ministers] may direct in respect of a particular maintained school or maintained nursery school that, for such period as may be specified in the direction, the National Curriculum for Wales—

(a)shall not apply, or

(b)shall apply with such modifications as may be specified in the direction.

(2)A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.

(3)In the case of a community, voluntary controlled or community special school or a maintained nursery school, a direction shall not be given under subsection (1) except F2...—

(a)[F3on an application] by the governing body with the agreement of the [F4local authority],

(b)[F5on an application] by the [F4local authority] with the agreement of the governing body, or

(c)[F6on a proposal by the [F7Welsh Ministers] with] the agreement of both the [F4local authority] and the governing body.

(4)In the case of a foundation [F8or voluntary aided] school, a direction shall not be given under subsection (1) except on an application by the governing body or F9... with the agreement of the governing body.

(5)The [F10Welsh Ministers] may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report to [F11the Welsh Ministers] on any matters [F12specified by them].

(6)The [F13Welsh Ministers] may by a direction under this subsection vary or revoke a direction under subsection (1).

Textual Amendments

F1Words in s. 111(1) 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)

F2Words in s. 111(3) omitted (1.4.2006) by virtue of The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(a)(i) (with art. 7)

F3Words in s. 111(3)(a) inserted (1.4.2006) by The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(a)(ii) (with art. 7)

F4Words 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)

F5Words in s. 111(3)(b) inserted (1.4.2006) by The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(a)(ii) (with art. 7)

F6Words in s. 111(3)(c) substituted (1.4.2006) by The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(a)(iii) (with art. 7)

F7Words in s. 111(3) 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)

F8Words in s. 111(4) substituted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(5); S.I. 2013/1800, art. 3(j)

F9Words in s. 111(4) omitted (1.4.2006) by virtue of The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(b) (with art. 7)

F10Words in s. 111(5) 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)