Education Act 2002

Preliminary E+W

97 Interpretation of Part 7 E+W

In this Part—

• “assess” includes examine and test, and related expressions shall be construed accordingly;

• “assessment arrangements” means—

  (a)

  in relation to the foundation [F1 phase] , the arrangements for assessing pupils in respect of that [F1 phase] for the purpose of ascertaining what they have achieved in relation to the desirable outcomes; and

  (b)

  in relation to a key [F1 phase] , the arrangements for assessing pupils in respect of that [F1 phase] for the purpose of ascertaining what they have achieved in relation to the attainment targets for that [F1 phase] ;

• “attainment targets”, in relation to a key stage, means the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of that stage;

• [F2 “course of study” means a course of education or training that—

  (a)

  leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or

  (b)

  is designated by the Welsh Ministers under section 34(8) of that Act;]

• “desirable outcomes”, in relation to the [F3 foundation phase] , has the meaning given by section 104;

• “the foundation [F4 phase] ” has the meaning given by section 102;

• “key stage”, or references to a particular key stage, shall be construed in accordance with section 103;

• [F5 “local curriculum” and “local curricula” are to be construed in accordance with section 116A and, in relation to a pupil's school, “local curriculum” means–

  (a)

  where the [F6 local authority] by which the school is maintained has formed a single local curriculum under section 116A, that local curriculum; or

  (b)

  where the [F6 local authority] by which the school is maintained has formed more than one local curriculum under section 116A, the local curriculum in respect of which the school is designated under section 116C(2);]

• “maintained school” means—

  (a)

  any community, foundation or voluntary school maintained by a [F6 local authority] in Wales, or

  (b)

  except where otherwise stated, any community F7 ... special school which is maintained by a [F6 local authority] in Wales and is not established in a hospital;

• “maintained nursery school” means a nursery school which is maintained by a [F6 local authority] in Wales and is not a special school;

• [F8 “maintained secondary school”, in sections 116A to 116K, means a maintained school which is a secondary school unless it is a community F9 ... special school which is maintained by a [F6 local authority] in Wales;]

• “programmes of study”, in relation to a key stage, means matters, skills and processes which are required to be taught to pupils of different abilities and maturities by the end of that stage;

• “pupil” includes a child for whom funded nursery education is provided;

• [F10 “regulations” means regulations made by the Welsh Ministers;]

• [F10 “school”, in sections 116E to 116H, in relation to a pupil, means the maintained secondary school of which he or she was a registered pupil when he or she made an election under section 116D(1);]

• “school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first school term to begin after the following July; and has a corresponding meaning in relation to the provision of funded nursery education otherwise than at a school.

Textual Amendments

F1 Word in s. 97 substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 21(2)(a), 26(3); S.I. 2011/1951, art. 2

F2 Words in s. 97 substituted (1.5.2016) by The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236), regs. 1, 3

F3 Words in s. 97 substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 21(2)(b), 26(3); S.I. 2011/1951, art. 2

F4 Word in s. 97 substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 21(2)(c), 26(3); S.I. 2011/1951, art. 2

F5 Words in s. 97 inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 1(3), 49(2); S.I. 2009/3174, art. 2(1)(a)

F6 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)

F7 Words in s. 97 omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(4)(a); S.I. 2013/1800, art. 3(j)

F8 Words in s. 97 inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 1(4), 49(2); S.I. 2009/3174, art. 2(1)(a)

F9 Words in s. 97 omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(4)(b); S.I. 2013/1800, art. 3(j)

F10 Words in s. 97 inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 1(5), 49(2); S.I. 2009/3174, art. 2(1)(a)

98 Meaning of “nursery education” and related expressions E+W

(1) In this Part “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

(2) For the purposes of this Part, nursery education is “funded nursery education” in relation to a child if—

(a) it is provided in a maintained school or a maintained nursery school, or

(b) it is provided, by a person other than the governing body of any such school, under arrangements made with that person by a [F6 local authority] in Wales in pursuance of the duty imposed on the authority by section 118 of the School Standards and Framework Act 1998 (c. 31) and in consideration of financial assistance provided by the authority under those arrangements.

(3) For the purposes of this Part, funded nursery education provided in relation to a child otherwise than at a maintained school or maintained nursery school is to be taken to be provided by the person with whom the arrangements referred to in subsection (2)(b) are made by the [F6 local authority].

Textual Amendments

F6 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)