(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
F1Words in s. 111(3) omitted (1.4.2006) by virtue of The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(a)(i) (with art. 7)
F2Words in s. 111(3)(a) inserted (1.4.2006) by The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(a)(ii) (with art. 7)
F3Words in s. 111(3)(b) inserted (1.4.2006) by The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(a)(ii) (with art. 7)
F4Words in s. 111(3)(c) substituted (1.4.2006) by The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(a)(iii) (with art. 7)
F5Words in s. 111(4) omitted (1.4.2006) by virtue of The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), Sch. 1 para. 32(b) (with art. 7)
Modifications etc. (not altering text)
C1S. 111(1) modified (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 5(1)(2)
C2S. 111(3) modified (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 5(1)(2)