Children Act 1989, Paragraph 12D is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F112D(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 [F2or 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 [F3or 7] of the Education 2002 (see section 82 [F4and 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
F1Sch. 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)
F2Words 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)
F3Words 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)
F4Words 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)
F5Sch. 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)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
