The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022

Education Act 2005 (c. 18)

8.—(1) The Education Act 2005 is amended as follows.

(2) In section 20 (functions of Chief Inspector)—

(a) in subsection (1), after paragraph (d) insert—

“(da) the development of pupils at maintained schools (except those over compulsory school age) by reference to the four purposes of a curriculum for those pupils,”;

(b) after subsection (1) insert—

“(1A) In subsection (1)(da)—

“maintained school” does not include a community special school established in a hospital, and

“the four purposes of a curriculum” for the pupils mentioned in paragraph (da) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.”

(3) In section 28 (duty to arrange regular inspections of certain schools)—

(a) in subsection (5), after paragraph (d) insert—

“(da) the development of the pupils at the school (except those over compulsory school age) by reference to the four purposes of a curriculum for those pupils,”;

(b) after subsection (5) insert—

“(5A) The duty to report on the matters mentioned in subsection (5)(da) does not apply in the case of an inspection conducted at a community special school established in a hospital.

(5B) In subsection (5)(da), “the four purposes of a curriculum” for the pupils mentioned in paragraph (da) are those set out in section 2(1) of the Curriculum and Assessment (Wales) Act 2021.”

(4) In section 47 (meaning of “denominational education”)—

(a) the existing provision becomes subsection (1);

(b) in that subsection, after “in relation to a school” insert “in England”;

(c) after that subsection insert—

“(2) In this Part, “denominational education”, in relation to a school in Wales, means teaching and learning in respect of Religion, Values and Ethics, which is provided—

(a) under paragraph 7(3) or paragraph 8(4) of Schedule 1 to the Curriculum and Assessment (Wales) Act 2021, or

(b) under section 61 of that Act, and in accordance with—

(i) any provisions of the school’s trust deed that relate to teaching and learning in respect of the mandatory element of Religion, Values and Ethics, or

(ii) the tenets of the religion or religious denomination specified in relation to the school in an order under section 68A of the School Standards and Framework Act 1998.”