(1)The [F1Welsh Ministers] shall so exercise the powers conferred by subsections (2) and (3) as to—
(a)establish a complete National Curriculum for Wales for the [F2foundation phase] as soon as is reasonably practicable, and
(b)revise the National Curriculum for Wales for the [F2foundation phase] and the key stages whenever [F3the Welsh Ministers consider] it necessary or expedient to do so.
(2)In respect of the [F2foundation phase] , the [F1Welsh Ministers]—
(a)shall by order specify the areas of learning, and
(b)may by order specify in relation to each of those areas—
(i)such desirable outcomes,
(ii)such educational programmes, and
(iii)such assessment arrangements,
as the Assembly considers appropriate for that area.
(3)In respect of the F4... second and third key stages and (subject to section 107) the fourth key stage, the [F1Welsh Ministers] may by order specify in relation to each of the foundation subjects—
(a)such attainment targets,
(b)such programmes of study, and
(c)such assessment arrangements,
as [F5the Welsh Ministers consider] appropriate for that subject.
(4)An order under subsection (2) or (3) may not require—
(a)the allocation of any particular period or periods of time during the [F2foundation phase] or any key stage to the teaching of any educational programme or programme of study or any matter, skill or process forming part of it, or
(b)the making in school timetables (or the timetables of any person providing funded nursery education) of provision of any particular kind for the periods to be allocated to such teaching during any such stage.
(5)An order under subsection (2) or (3) may, instead of containing the provisions to be made, refer to provisions in a document published as specified in the order and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.
(6)An order under subsection (2)(b)(iii) may confer or impose such functions on—
(a)the governing body and head teacher of a maintained school or a maintained nursery school,
(b)a person providing funded nursery education under the arrangements mentioned in section 98(2)(b),
(c)an early years development and childcare partnership, and
(d)a [F6local authority],
as appear to the [F7Welsh Ministers] to be required.
(7)An order under subsection (3)(c) may confer or impose such functions on—
(a)the governing body and head teacher, and
(b)the [F6local authority],
as appear to the [F8Welsh Ministers] to be required.
(8)An order under subsection (2)(b)(iii) or (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.
(9)Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and any such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.
(10)The duties that may be imposed by virtue of subsection (6) or (7) include, in relation to persons exercising any power in pursuance of provision made by virtue of subsection (9), the duty to permit them—
(a)to enter premises of the school or, as the case may be, premises on which the funded nursery education is being provided,
(b)to observe implementation of the arrangements, and
(c)to inspect, and take copies of, documents and other articles.
(11)An order under subsection (2)(b)(iii) or (3)(c) may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provision conferring or imposing functions as mentioned in subsection (6) or (7)) as appear to the [F9Welsh Ministers] to be expedient; and any provisions made under such an order shall, on being published as specified in the order, have effect for the purposes of this Part as if made by the order.
Textual Amendments
F1Words in s. 108(1)-(3) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 12, 13; S.I. 2009/3174, art. 2(1)(r)
F2Words in s. 108 substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 21(7)(a), 26(3); S.I. 2011/1951, art. 2
F3Words in s. 108(1) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 15; S.I. 2009/3174, art. 2(1)(r)
F4Word in s. 108(3) omitted (1.9.2011) by virtue of Education (Wales) Measure 2009 (nawm 5), ss. 21(7)(b), 26(3); S.I. 2011/1951, art. 2
F5Words in s. 108(3) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 15; S.I. 2009/3174, art. 2(1)(r)
F6Words 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)
F7Words in s. 108(6) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 12, 13; S.I. 2009/3174, art. 2(1)(r)
F8Words in s. 108(7) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 12, 13; S.I. 2009/3174, art. 2(1)(r)
F9Words in s. 108(11) substituted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 12, 13; S.I. 2009/3174, art. 2(1)(r)
Modifications etc. (not altering text)
C1S. 108 modified (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 5(1)(5)
C2S. 108: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90) (which affecting provision expires (25.9.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))
Commencement Information
I1 S. 108(1)(b)(3)-(5)(7)-(11) in force at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
I2S. 108(1)(a)(2)(6) in force at 1.8.2008 by S.I. 2008/1728, art. 3, Sch. Pt. 1