Children Act 1989

[F1 12D (1) Regulations under section 22C may, in particular, impose requirements which a local authority must comply with before making any decision concerning a child's placement if he is in the fourth key stage [F2 or within sub-paragraph (3)]. E+W

(2) A child is “in the fourth key stage” if he is a pupil in the fourth key stage for the purposes of Part 6 [F3 or 7] of the Education 2002 (see section 82 [F4 and 103] of that Act).

[F5 (3) A child is within this sub-paragraph if the child—

(a) is a pupil at a maintained school maintained by a local authority in Wales,

(b) has completed the school year in which the majority of pupils in the child’s class attained the age of 14, and

(c) is still of compulsory school age.

(4) In sub-paragraph (3)—

(a) “pupil”, “school year” and “compulsory school age” have the meaning given by the Education Act 1996;

(b) “maintained school” has the meaning given by section 20(7) of the School Standards and Framework Act 1998;

(c) “the child’s class” means—

(i) the teaching group in which the child is regularly taught at school, or

(ii) where there are two or more such groups, the group designated by the head teacher of the child’s school.]]

Textual Amendments

F1 Sch. 2 paras. 12A-12G substituted for Sch. 2 paras. 12-14 (1.9.2009 for E., 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 4; S.I. 2009/2273, art. 2(2)(b), S.I. 2010/1329, art. 2(b)

F2 Words in Sch. 2 para. 12D(1) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 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. 1(3)(a)

F3 Words in Sch. 2 para. 12D(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 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. 1(3)(b)(i)

F4 Words in Sch. 2 para. 12D(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 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. 1(3)(b)(ii)

F5 Sch. 2 para. 12D(3)(4) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 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. 1(3)(c)