Education Act 2002 (c. 32)

Part 7 E+W The curriculum in Wales

[F1 The local curricula E+W

Textual Amendments

F1 S. 116A and cross-heading inserted (7.12.2009 for specified purposes, 1.1.2010 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 4, 49(2); S.I. 2009/3174, art. 2(1)(b)(2)(c)

116A Formation of local curricula for pupils in Key Stage 4 E+W

(1) Each [F2 local authority] in Wales must form for its area one or more local curricula for pupils in the fourth key stage.

(2) A local curriculum must consist of suitable courses of study each of which—

(a) falls within a category in subsection (3) (the “learning domains”); and

(b) is from time to time selected by a [F2 local authority] to form part of that local curriculum.

(3) The learning domains are—

(a) mathematics, science and technology;

(b) business, administration and law;

(c) services for people;

(d) arts, media, culture and languages;

(e) humanities, social sciences and preparation for life and work.

(4) Subject to any regulations made under subsection (5), a [F2 local authority] may form a local curriculum as it sees fit.

(5) Regulations may make provision as to the formation of a local curriculum, including in particular provision—

(a) requiring a minimum number of courses of study to be included within—

(i) a local curriculum; or

(ii) a particular learning domain of a local curriculum;

(b) specifying—

(i) a minimum proportion of vocational courses of study (as compared with other courses of study) that must be included within a local curriculum; or

(ii) a minimum number of vocational courses of study that must be included within a local curriculum;

(c) preventing during a specified period any alteration to the contents of a local curriculum.

(6) For the purposes of this section—

(a) a course of study is suitable if it is designated as suitable for inclusion in local curricula by direction given by the Welsh Ministers;

(b) a vocational course of study is a course of study designated as such by direction given by the Welsh Ministers;

(c) a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.

(7) Regulations under subsection (5) may make different provision in relation to local curricula formed by different [F3 local authorities].]

Textual Amendments

F2 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)

F3 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(3)

[F4 116B Local curricula: Welsh language E+W

(1) Each [F2 local authority] must exercise their functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.

(2) In the discharge of its duty under subsection (1), a [F2 local authority] must have regard to any guidance given by the Welsh Ministers.

(3) Guidance under subsection (2) may be given to a particular authority, or to authorities of a particular class or to authorities generally.

(4) Within two months of the end of each academic year, a [F2 local authority] must, in accordance with any instructions given by the Welsh Ministers, provide the Welsh Ministers with a report which—

(a) describes the courses of study included within local curricula established by the authority for that academic year which were to be taught through the medium of Welsh;

(b) describes how many pupils elected to follow such courses under section 116D and how many pupils were entitled to follow such courses under section 116E;

(c) explains what the authority plans to do in academic years following that to which the report relates so that registered pupils of schools maintained by the authority are given the opportunity to follow local curricula courses of study which are taught through the medium of Welsh.

(5) For the purposes of subsection (4), “academic year” means the period of 12 months beginning on 1 September.]

Textual Amendments

F2 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)

F4 S. 116B inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 5, 49(2); S.I. 2009/3174, art. 2(2)(d) (with art. 3)

[F5 116C Authorities with more than one local curriculum E+W

(1) This section applies where a [F2 local authority] forms more than one local curriculum under section 116A.

(2) In relation to each local curriculum, the [F2 local authority] must designate the maintained secondary schools whose registered pupils are to be entitled to elect under section 116D to follow courses of study included within the curriculum.]

Textual Amendments

F2 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)

F5 S. 116C inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 6, 49(2); S.I. 2009/3174, art. 2(2)(e)

[F6 116D Pupils' choices of local curriculum courses E+W

(1) A registered pupil of a maintained secondary school has the right to elect to follow, during the fourth key stage, a course or courses of study included within the local curriculum for the pupil's school. But this is subject to regulations made under subsection (2).

(2) Regulations may make provision as to the making of elections under this section, including in particular provision—

(a) specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;

(b) identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount;

(c) as to the period during which elections are to be made.]

Textual Amendments

F6 S. 116D inserted (7.12.2009 for specified purposes, 1.1.2010 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 7, 49(2); S.I. 2009/3174, art. 2(1)(c)(2)(f)

[F7 116E Pupils' local curriculum entitlements E+W

(1) During the fourth key stage, a pupil who has made an election under section 116D(1) is entitled to follow the elected course of study unless—

(a) the pupil ceases to be a registered pupil of the school at which he or she was registered when he or she elected under section 116D(1) to follow the course of study; or

(b) before the beginning of the fourth key stage, the head teacher of the pupil's school has decided under section 116F that the pupil is not entitled to follow the course of study.

(2) Where a pupil is entitled to follow a course of study, it is for the head teacher of the pupil's school to decide upon which date during the fourth key stage the course is to begin.]

Textual Amendments

F7 S. 116E inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 8, 49(2); S.I. 2009/3174, art. 2(2)(g)

[F8 116F Head teacher's decision as to entitlement E+W

(1) If the head teacher of a pupil's school is satisfied that any of the grounds in subsection (2) apply, the head teacher may decide that the pupil is not entitled to follow a course of study which the pupil has elected to follow under section 116D(1).

(2) The grounds referred to in subsection (1) are that—

(a) as a result of the pupil's level of educational attainment, the course of study is not suitable for him or her;

(b) as a result of other elections made by the pupil under section 116D(1), it is not reasonably practicable for him or her to follow the course of study;

(c) the amount of time likely to be spent travelling to the place at which the course of study is likely to be delivered would be detrimental to the pupil's education;

(d) disproportionate expenditure would be incurred if the pupil were to follow the course of study;

(e) the pupil's or another person's health or safety would be placed unacceptably at risk if the pupil were to follow the course of study.

(3) Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision—

(a) as to the time or date by which decisions are to be made;

(b) as to the procedure to be followed in connection with the making of decisions;

(c) for appeals against decisions to be made to the governing body of a pupil's school or another person specified in the regulations;

(d) as to the time or date by which appeals are to be determined;

(e) as to the procedure to be followed in connection with the determination of an appeal.

(4) A head teacher and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

(5) The Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (2);

(b) add additional paragraphs to that subsection;

(c) amend or omit such additional paragraphs.]

Textual Amendments

F8 S. 116F inserted (7.12.2009 for specified purposes, 1.1.2010 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 9, 49(2); S.I. 2009/3174, art. 2(1)(d)(2)(h)

[F9 116G Delivery of local curriculum entitlements E+W

Where a pupil is entitled to follow a course of study under section 116E(1), the governing body of the pupil's school must ensure that during the fourth key stage the course is made available to the pupil by or on behalf of the governing body.]

Textual Amendments

F9 S. 116G inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 10, 49(2); S.I. 2009/3174, art. 2(2)(i)

[F10 116H Head teacher's decision to remove entitlement E+W

(1) If the head teacher of a pupil's school is satisfied that any of the grounds in subsection (2) apply, the head teacher may decide that a pupil is no longer entitled to follow a course of study that the pupil was entitled to follow under section 116E.

(2) The grounds referred to in subsection (1) are that—

(a) the pupil's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;

(b) disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.

(3) Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—

(a) as to the procedure to be followed in connection with the making of decisions;

(b) for appeals against decisions to be made to the governing body of a pupil's school or another person specified in the regulations;

(c) as to the effect of a decision pending determination of an appeal;

(d) as to the procedure to be followed in connection with the determination of an appeal.

(4) A head teacher and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

(5) The Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (2);

(b) add additional paragraphs to that subsection;

(c) amend or omit such additional paragraphs.]

Textual Amendments

F10 S. 116H inserted (7.12.2009 for specified purposes, 1.1.2010 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 11, 49(2); S.I. 2009/3174, art. 2(1)(e)(2)(j)

[F11 116I Planning the local curriculum E+W

(1) The following persons must assist a [F2 local authority] in planning the local curriculum or curricula for its area—

(a) the governing body and head teacher of any maintained secondary school maintained by the authority;

(b) the governing body and principal or other head of an institution within the further education sector in the authority's area.

(2) In subsection (1), “planning the local curriculum or curricula” means the process by which a [F2 local authority] decides under section 116A which courses of study to include in the local curriculum or curricula for its area.

(3) The persons mentioned in subsection (1) must—

(a) have regard to any guidance given from time to time; and

(b) comply with any directions given,

by the Welsh Ministers as to the exercise of their functions under that subsection.]

Textual Amendments

F2 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)

F11 S. 116I inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 12, 49(2); S.I. 2009/3174, art. 2(1)(f)

[F12 116J Delivery of local curriculum entitlements: joint-working E+W

(1) The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 116A.

(2) In relation to the local curriculum or curricula for the area of a [F2 local authority], the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section.

(3) The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into cooperation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective.

(4) The persons are—

(a) the [F2 local authority];

(b) the governing body of a secondary school maintained by the authority; and

(c) the governing body of an institution within the further education sector which is situated within the area of the authority.

(5) In this section and section 116K “co-operation arrangements” means—

(a) arrangements under which any person provides, on behalf of the governing body of a maintained secondary school, a course of study included within the relevant local curriculum for the school;

[F13 (aa) arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.]

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this section, in relation to a maintained secondary school, “relevant local curriculum” means—

(a) where the [F2 local authority] by which the school is maintained has formed a single local curriculum for its area, that curriculum; or

(b) where the [F2 local authority] by which the school is maintained has formed more than one local curriculum for its area, the curriculum in respect of which the school is designated under section 116C(2).]

Textual Amendments

F2 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)

F12 S. 116J inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 13, 49(2); S.I. 2009/3174, art. 2(1)(g)

F13 S. 116J(5)(aa) inserted (16.11.2012) by Education (Wales) Measure 2011 (nawm 7), ss. 9(3)(b)(i), 33(2); S.I. 2012/2656, art. 2

F14 S. 116J(5)(b)(c) omitted (16.11.2012) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 9(3)(b)(ii), 33(2); S.I. 2012/2656, art. 2

[F15 116K Joint-working: guidance and directions E+W

(1) A [F2 local authority], a governing body of a maintained secondary school and the governing body of an institution within the further education sector in Wales must have regard to any guidance given from time to time by the Welsh Ministers as to the discharge of their duties under section 116J.

(2) Guidance given under subsection (1) may relate to the content of co-operation arrangements.

(3) The persons mentioned in subsection (1) must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements.

(4) A direction under subsection (3)—

(a) may require persons to enter into specified arrangements;

(b) may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);

(c) in the case of a direction to enter into specified arrangements with a person who is not mentioned in subsection (1), must not be given unless that person consents to the direction.]

Textual Amendments

F2 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)

F15 S. 116K inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 14, 49(2); S.I. 2009/3174, art. 2(1)(h)

[F16 116L Power to amend learning domains E+W

The Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (3) of section 116A;

(b) add additional paragraphs to that subsection;

(c) amend or omit such additional paragraphs.]

Textual Amendments

F16 S. 116L inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 15, 49(2); S.I. 2009/3174, art. 2(2)(k)

[F17 116M Application of local curriculum provisions to children who are not registered pupils E+W

(1) Regulations may apply the provisions of sections 116A to 116K and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person falling within subsection (3).

(2) The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.

(3) A person falls within this subsection if he or she—

(a) is of compulsory school age;

(b) is not a registered pupil of a maintained school; and

(c) receives all, or the majority of, his or her education at, or under arrangements made by the governing body of, an institution within the further education sector in Wales.]

Textual Amendments

F17 S. 116M inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 16, 49(2); S.I. 2009/3174, art. 2(2)(l)

[F18 116N Application of local curriculum provisions to children who are registered pupils of special schools E+W

(1) Regulations may apply the provisions of sections 116A to 116K and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person falling within subsection (3).

(2) The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.

(3) A person falls within this subsection if he or she—

(a) is of compulsory school age; and

(b) is a registered pupil of a community or foundation special school which is maintained by a [F2 local authority] in Wales and is not established in a hospital.]

Textual Amendments

F2 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)

F18 S. 116N inserted (1.1.2010) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 17, 49(2); S.I. 2009/3174, art. 2(2)(m)

[F19 116O Local curriculum: directions E+W

Any direction given by the Welsh Ministers under sections 116A(6), 116I(3) and 116K(3) may be varied or revoked by a further direction.]

Textual Amendments

F19 S. 116O inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 18, 49(2); S.I. 2009/3174, art. 2(1)(i)