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Version Superseded: 23/06/2020
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Education Act 2002, Section 116J is up to date with all changes known to be in force on or before 09 November 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.
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(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 [F2local 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 [F2local 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;
[F3(aa)arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.]
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)For the purposes of this section, in relation to a maintained secondary school, “relevant local curriculum” means—
(a)where the [F2local authority] by which the school is maintained has formed a single local curriculum for its area, that curriculum; or
(b)where the [F2local 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
F1S. 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)
F2Words 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)
F3S. 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
F4S. 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
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