Search Legislation

Education Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: The National Curriculum for Wales: special cases

 Help about opening options

Version Superseded: 07/12/2009

Status:

Point in time view as at 01/02/2008.

Changes to legislation:

Education Act 2002, Cross Heading: The National Curriculum for Wales: special cases is up to date with all changes known to be in force on or before 25 December 2024. 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

The National Curriculum for Wales: special casesE+W

111 Development work and experimentsE+W

(1)For the purpose of enabling development work or experiments to be carried out, the National Assembly for Wales may direct in respect of a particular maintained school or maintained nursery school that, for such period as may be specified in the direction, the National Curriculum for Wales—

(a)shall not apply, or

(b)shall apply with such modifications as may be specified in the direction.

(2)A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.

(3)In the case of a community, voluntary controlled or community special school or a maintained nursery school, a direction shall not be given under subsection (1) except F1...—

(a)[F2on an application] by the governing body with the agreement of the local education authority,

(b)[F3on an application] by the local education authority with the agreement of the governing body, or

(c)[F4on a proposal by the National Assembly for Wales with] the agreement of both the local education authority and the governing body.

(4)In the case of a foundation, voluntary aided or foundation special school, a direction shall not be given under subsection (1) except on an application by the governing body or F5... with the agreement of the governing body.

(5)The National Assembly for Wales may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report to the Assembly on any matters specified by it.

(6)The National Assembly for Wales may by a direction under this subsection vary or revoke a direction under subsection (1).

Textual Amendments

Modifications etc. (not altering text)

112 Exceptions by regulationsE+W

Regulations may provide that the National Curriculum for Wales, or such of the provisions of the National Curriculum for Wales as may be specified in the regulations—

(a)shall not apply, or

(b)shall apply with such modifications as may be specified in the regulations,

in such cases or circumstances as may be specified in the regulations.

113 Pupils with statements of special educational needsE+W

The special educational provision for any pupil specified in a statement under section 324 of the Education Act 1996 (c. 56) of his special educational needs may include provision—

(a)excluding the application of the National Curriculum for Wales, or

(b)applying the National Curriculum for Wales with such modifications as may be specified in the statement.

114 Temporary exceptions for individual pupilsE+W

(1)Regulations may enable the head teacher of a maintained school or maintained nursery school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of the direction), the National Curriculum for Wales—

(a)shall not apply, or

(b)shall apply with such modifications as may be specified in the direction.

(2)The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.

(3)Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either—

(a)a fixed period not exceeding six months, or

(b)a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.

(4)Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning—

(a)immediately after the end of the operative period of a previous direction, or

(b)within such period after the end of the operative period of a previous direction as may be specified in the regulations.

(5)The regulations may enable the head teacher of a maintained school or maintained nursery school, in such cases or circumstances and subject to such conditions as may be prescribed—

(a)to revoke any direction given by him under the regulations, and

(b)to vary such a direction, except so as to extend its operative period.

(6)Before making any regulations under this section, the National Assembly for Wales shall consult with any persons with whom consultation appears to it to be desirable.

Modifications etc. (not altering text)

115 Information concerning directions under section 114E+W

(1)Where a head teacher gives or varies a direction under regulations made under section 114, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—

(a)to the governing body, and

(b)to the local education authority by whom the school is maintained,

and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.

(2)That information is—

(a)the fact that he has taken the action in question, its effect and his reasons for taking it,

(b)the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and

(c)either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for Wales in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).

(3)That opinion is that the pupil has or probably has special educational needs by virtue of which the responsible authority would be required to determine the special educational provision that should be made for him (whether initially or on a review of any statement of his special educational needs which the authority are for the time being required under section 324 of the Education Act 1996 (c. 56) to maintain).

(4)Where—

(a)the head teacher of a maintained school or maintained nursery school includes an indication of any such opinion in information given under subsection (1), and

(b)the local education authority by whom the school is maintained are not the responsible authority in relation to the pupil in question,

the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.

(5)Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall consider whether any action on their part is required in the case of the pupil concerned under section 323 of the Education Act 1996 (c. 56) (assessment of special educational needs).

(6)In this section “the responsible authority”, in relation to a pupil, means the local education authority responsible for him for the purposes of Part 4 of the Education Act 1996.

Modifications etc. (not altering text)

116 Appeals against directions under section 114 etc.E+W

(1)Where a head teacher—

(a)gives, revokes or varies a direction under regulations made under section 114,

(b)refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

(c)following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the governing body.

(2)On such an appeal, the governing body may—

(a)confirm the head teacher’s action, or

(b)direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

(3)The head teacher shall comply with any directions of the governing body given under subsection (2)(b).

(4)The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources