1(1)The Secretary of State may give a temporary continuity direction that applies to—E+W
(a)one or more named relevant institutions in England;
(b)all relevant institutions in England (or any part of England);
(c)relevant institutions in England (or any part of England) of a particular description.
(2)A temporary continuity direction is a direction under this paragraph that—
(a)is given—
(i)to the responsible body in relation to a relevant institution, or
(ii)in the case of a relevant institution without a responsible body, to the institution, and
(b)requires that body or institution to take steps specified in the direction in connection with the provision, for a specified period, of—
(i)education, training or childcare,
(ii)services relating to education, training or childcare, or
(iii)ancillary services or facilities.
(3)Before giving a direction under this paragraph, the Secretary of State—
(a)must have regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care relating to the incidence or transmission of coronavirus, and
(b)must be satisfied that giving the direction is a necessary and proportionate action for or in connection with the continued provision of anything mentioned in sub-paragraph (2)(b)(i) to (iii) for the specified period for one or more persons.
(4)A temporary continuity direction under this paragraph may—
(a)require the taking of reasonable steps in general terms, or require the taking of particular steps that the Secretary of State considers reasonable, in relation to any of the matters mentioned in the following paragraphs;
(b)require a relevant institution to open, to stay open, to re-open, or to open at times when it would not usually be open;
(c)require a relevant institution to provide education, training or childcare, services relating to education, training or childcare or ancillary services or facilities;
(d)require a relevant institution to allow specified persons to attend that institution for the purpose of receiving education, training or childcare, services relating to education, training or childcare or ancillary services or facilities, provided by or on behalf of that institution;
(e)require the alteration of term dates;
(f)require a relevant institution to provide or make arrangements for the provision of transport or other services relating to the provision of education, training or childcare or to ancillary services or facilities;
(g)make different provision for different purposes, or be framed by reference to whatever matters the Secretary of State considers appropriate;
(h)make transitional, transitory or saving provision;
(i)make such other provision as the Secretary of State considers appropriate in connection with the giving of the direction.
(5)Where a temporary continuity direction under this paragraph applies to a relevant institution—
(a)any FE funding agreement in respect of that institution has effect, and
(b)any Academy arrangements in respect of that institution or its responsible body have effect,
subject to any modifications necessary to enable the direction to be complied with.
(6)The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Secretary of State making an application to the High Court or the county court for an injunction.
(7)An application made under sub-paragraph (6) may be made without notice being given to the responsible body or relevant institution.
(8)In this paragraph—
“Academy arrangements” has the meaning given by section 1(2) of the Academies Act 2010;
“ancillary services or facilities” means services or facilities that are arranged or provided for those attending a relevant institution to receive education, training or childcare (including residential accommodation, meals, laundry facilities, medical services, advice and pastoral support);
“childcare” has the same meaning as in section 18 of the Childcare Act 2006;
“FE funding agreement” means an agreement, in respect of education or training to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, that is entered into between—
the Secretary of State, a local authority or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, and
a relevant institution,
but does not include an agreement that is Academy arrangements;
“local authority” has the same meaning as in section 579(1) of the Education Act 1996;
“registered childcare provider” means a person who provides childcare and is registered under Part 3 of the Childcare Act 2006, but does not include early years childminders or later years childminders within the meaning of section 96 of that Act;
“relevant institution” means—
a registered childcare provider;
a school;
a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010;
an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;
a provider of post-16 education or training—
to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, and
in respect of which funding is provided by, or under, arrangements made by the Secretary of State, a local authority or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,
but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;
a higher education provider within the meaning of section 83(1) of the Higher Education and Research Act 2017;
a provider of higher education within the meaning of section 83(1) of that Act which is not an institution (within the meaning of that section) whether or not it is designated under section 84 of that Act;
a local authority;
“responsible body” means—
in relation to a school or a 16 to 19 Academy, the proprietor, within the meaning of section 579(1) of the Education Act 1996;
in relation to an institution within the further education sector, the governing body within the meaning of section 90(1) of the Further and Higher Education Act 1992;
in relation to a provider of post-16 education or training, the person with legal responsibility and accountability for the provider;
in relation to a higher education provider within the meaning of section 83(1) of the Higher Education and Research Act 2017 or a provider of higher education designated under section 84 of that Act, the governing body within the meaning of section 85(1) of that Act;
in relation to any other provider of higher education not mentioned in paragraph (d), any person responsible for the management of the provider;
“school” has the same meaning as in the Education Act 1996 (see section 4 of that Act);
“specified” means specified, or falling within a description specified, in a temporary continuity direction under this paragraph.
2(1)The Welsh Ministers may give a temporary continuity direction that applies to—E+W
(a)one or more named relevant institutions in Wales;
(b)all relevant institutions in Wales (or any part of Wales);
(c)relevant institutions in Wales (or any part of Wales) of a particular description.
(2)A temporary continuity direction is a direction that—
(a)is given—
(i)to the responsible body in relation to a relevant institution, or
(ii)in the case of a relevant institution without a responsible body, to the institution, and
(b)requires that body or institution to take steps specified in the direction in connection with the provision, for a specified period, of—
(i)education, training or childcare,
(ii)services relating to education, training or childcare, or
(iii)ancillary services or facilities.
(3)Before giving a direction under this paragraph, the Welsh Ministers—
(a)must have regard to any advice from the Chief Medical Officer for Wales or one of the Deputy Chief Medical Officers for Wales relating to the incidence or transmission of coronavirus, and
(b)must be satisfied that giving the direction is a necessary and proportionate action for or in connection with the continued provision of anything mentioned in sub-paragraph (2)(b)(i) to (iii) for the specified period for one or more persons.
(4)A temporary continuity direction under this paragraph may—
(a)require the taking of reasonable steps in general terms, or require the taking of particular steps that the Welsh Ministers consider reasonable, in relation to any of the matters mentioned in the following paragraphs;
(b)require a relevant institution to open, to stay open, to re-open, or to open at times when it would not usually be open;
(c)require a relevant institution to provide education, training or childcare, services relating to education, training or childcare or ancillary services or facilities;
(d)require a relevant institution to allow specified persons to attend that institution for the purpose of receiving education, training or childcare, services relating to education, training or childcare or ancillary services or facilities, provided by or on behalf of that institution;
(e)require the alteration of term dates;
(f)require a relevant institution to provide or make arrangements for the provision of transport or other services relating to the provision of education, training or childcare or to ancillary services or facilities;
(g)make different provision for different purposes, or be framed by reference to whatever matters the Welsh Ministers consider appropriate;
(h)make transitional, transitory or saving provision;
(i)make such other provision as the Welsh Ministers consider appropriate in connection with the giving of the direction.
(5)The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Welsh Ministers making an application to the High Court or the county court for an injunction.
(6)An application made under sub-paragraph (5) may be made without notice being given to the relevant institution or responsible body.
(7)In this paragraph—
“ancillary services or facilities” means services or facilities that are arranged or provided for those attending a relevant institution to receive education, training or childcare (including residential accommodation, meals, laundry facilities, medical services, advice, and pastoral support);
“childcare” means anything which amounts to child minding or day care for children for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (see section 19(2) to (4) of that Measure);
“local authority” means a county council in Wales or a county borough council;
“registered childcare provider” means a person who provides childcare and is registered under Part 2 of the Children and Families (Wales) Measure 2010, but does not include a childminder who is registered to provide childcare on domestic premises;
“relevant institution” means—
a registered childcare provider;
a school;
an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;
an institution within the higher education sector within the meaning of section 91(5) of that Act;
a provider of education or training within the meaning of section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000 that—
is not an institution within the meaning of paragraph (c) or (d), and
is in receipt of funding for provision of that education or training from the Welsh Ministers or a local authority;
but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;
a provider of a course of education within the meaning of Schedule 6 to the Education Reform Act 1988 that is not an institution within the meaning of paragraph (c) or (d);
a local authority;
“responsible body” means—
in relation to a school, the proprietor, within the meaning of section 579(1) of the Education Act 1996;
in relation to an institution within paragraph (c) or (d) of the definition of “relevant institution”, the governing body within the meaning of section 90(1) of the Further and Higher Education Act 1992;
in relation to a provider within paragraph (e) or (f) of that definition, the person with legal responsibility and accountability for the provider;
“school” has the same meaning as in the Education Act 1996 (see section 4 of that Act);
“specified” means specified, or falling within a description specified, in a temporary continuity direction under this paragraph.
3(1)The Secretary of State may—E+W
(a)authorise a local authority to exercise any of the Secretary of State's functions under paragraph 1 in relation to one or more of the following—
(i)a registered childcare provider in the local authority's area;
(ii)a school in its area;
(iii)a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010, in its area;
(b)authorise the Office for Students to exercise any of the Secretary of State's functions under paragraph 1 in relation to one or more registered higher education providers within the meaning of section 3(10)(a) of the Higher Education and Research Act 2017.
(2)The Welsh Ministers may—
(a)authorise a local authority to exercise any of the Welsh Ministers' functions under paragraph 2 in relation to one or more of the following—
(i)a registered childcare provider in the local authority's area;
(ii)a school in its area;
(b)authorise the Higher Education Funding Council for Wales to exercise any of the Welsh Ministers' functions under paragraph 2 in relation to one or more of the following—
(i)an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992;
(ii)a provider of a course of education within the meaning of Schedule 6 to the Education Reform Act 1988 which is not an institution within sub-paragraph (i).
(3)An authorisation granted under this paragraph may be subject to the fulfilment of such terms and conditions as are specified in the authorisation.
(4)In this paragraph—
(a)in relation to England, “local authority” has the same meaning as in section 579(1) of the Education Act 1996, and
(b)in relation to Wales, “local authority” means a county council in Wales or a county borough council.
4(1)Subject to sub-paragraph (2), the appropriate authority must publish a temporary continuity direction under paragraph 1 or 2.E+W
(2)Where a direction relates to a person specified by name—
(a)the appropriate authority must give a copy of the direction to that person, and
(b)the published version of the direction must not identify any individual without their consent.
(3)A temporary continuity direction under paragraph 1 or 2 has effect until the earlier of—
(a)the end of the period specified under paragraph 1(2)(b) or 2(2)(b) (as the case may be), or
(b)the revocation of the direction by a further direction given by the appropriate authority under the same paragraph.
(4)A person to whom a temporary continuity direction under paragraph 1 or 2 is given must have regard to any guidance given by the appropriate authority about how to comply with a direction given by that authority under that paragraph.
(5)In this paragraph, subject to sub-paragraph (6), “appropriate authority” means—
(a)the Secretary of State (in relation to a direction given under paragraph 1);
(b)the Welsh Ministers (in relation to a direction given under paragraph 2).
(6)Where a person gives a direction by virtue of an authorisation under paragraph 3, “the appropriate authority”—
(a)in sub-paragraphs (1), (2) and (4), means that person, and
(b)in sub-paragraph (3)(b), includes that person.
X15(1)The Secretary of State may by notice make provision in relation to England—E+W
(a)disapplying, for a specified period, any enactment listed in sub-paragraph (5) or any similar Academy arrangements provision;
(b)modifying, for a specified period—
(i)any enactment listed in the table in sub-paragraph (6), in the manner described in that table, or
(ii)any similar Academy arrangements provision in the corresponding manner.
(2)A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to—
(a)a specified person or description of persons;
(b)a specified area;
(c)any other matter.
(3)A notice under sub-paragraph (1) may also make such consequential modifications of any other enactment, for the specified period, as the Secretary of State considers appropriate.
(4)A notice under sub-paragraph (1) must state why the Secretary of State considers that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus.
(5)This is the list referred to in sub-paragraph (1)(a)—
(a)section 512(3)(b) and (c)(ii) of the Education Act 1996 (provision of school meals);
(b)sections 437, 443 and 444(1) and (1A) of that Act (provisions relating to attendance at school);
(c)section 87 of the School Standards and Framework Act 1998 (no requirement to admit children permanently excluded from two or more schools);
(d)section 1(6) of the Care Standards Act 2000 (which provides that a school is a “children's home” in specified circumstances);
(e)sections 5(1), 13(2)(b), 15(3), 17(2), 48(3) and 49(1) and (2) of the Education Act 2005 (provisions relating to inspections);
(f)section 1A(1)(b) of the Academies Act 2010 (requirement for academy to have broad and balanced curriculum);
(g)section 43 of the Children and Families Act 2014 (schools and other institutions named in EHC plan: duty to admit);
(h)section 44(1) of that Act (reviews and re-assessments).
(6)This is the table referred to in sub-paragraph (1)(b)—
| Act | Enactment | Authorised modification |
|---|---|---|
| The Further and Higher Education Act 1992 | Section 44 (collective worship) | Any duty imposed on a person by section 44 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| The Further and Higher Education Act 1992 | Section 51A (duty to provide for named individuals: England) | Any duty imposed by section 51A on a governing body of an institution within section 51A(1) is to be treated as discharged if the governing body has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Section 3 (definition of “pupil”) | A person is not for the purposes of the Education Act 1996 to be treated as a pupil at a school merely because any education is provided for that person at the school on a temporary basis for reasons relating to the incidence or transmission of coronavirus. |
| Education Act 1996 | Section 14 (functions in respect of primary and secondary schools) | Any duty imposed on a person by section 14 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Section 15ZA to 15ZC (duties on local authorities in respect of post-16 education and training) | Any duty imposed on a person by sections 15ZA to 15ZC is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Section 19 (exceptional provision of education in pupil referral units or elsewhere) | Any duty imposed on a person by or under section 19 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Sections 508A to 508F and Schedule 35C (travel arrangements) | Any duty imposed on a person by sections 508A to 508F or Schedule 35C is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Sections 512 to 512ZB (school meals) | Any duty imposed on a person by sections 512 to 512ZB is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| School Standards and Framework Act 1998 | Section 70 (requirements relating to collective worship) | Any duty imposed on a person by section 70 is to be treated as discharged if the person used reasonable endeavours to discharge the duty. |
| School Standards and Framework Act 1998 | Section 88D (determination of admission numbers) | Section 88D has effect as if subsections (1) and (3) were omitted, and in subsection (2) for “Such a determination under section 88C may also” there were substituted “ A determination under section 88C may ” and paragraph (b) (and the preceding “and”) were omitted. |
| School Standards and Framework Act 1998 | Section 99 (general restriction on selection by ability or aptitude) | Section 99 has effect as if subsections (2) and (4), and the words from “unless” to the end in subsection (3), were omitted. |
| Education Act 2005 | Section 5 (duty of chief inspector to inspect certain schools) | The duty imposed by section 5(1)(a) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 13 (duty of chief inspector to consider comments on reports of schools causing concern) | The duty imposed by section 13(2)(b) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 15 (measures to be taken by local authority) | The duty imposed on a local authority by virtue of section 15(3) is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 17 (statement to be prepared by proprietor of school) | The duty imposed on a person by virtue of section 17(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 48 (inspection of religious education: England) | Any duty imposed on a person by section 48(3) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 49 (procedure for inspection under section 48) | Any duty imposed on a person by section 49(1) or (2) is treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Childcare Act 2006 | Sections 7 and 7A (duty to secure early years provision free of charge in accordance with regulations) | Any duty imposed on a person by or under section 7 or 7A is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Childcare Act 2006 | Section 12 (duty to provide information, advice and assistance) | Any duty imposed on a person by or under section 12 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education and Skills Act 2008 | Section 124(2) (time limit for appeal by proprietor against decision to deregister independent educational institution) | The period for bringing an appeal is to be treated as increased from 28 days to 3 months. |
| Education and Skills Act 2008 | Section 125(2) (time limit for appeal by proprietor against other decisions relating to independent educational institution) | The period for bringing an appeal is to be treated as increased from 28 days to 3 months. |
| Children and Families Act 2014 | Section 42 (duty to secure special educational provision and health care provision in accordance with EHC Plan) | Any duty imposed on a person by section 42 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
(7)The specified period in a notice under sub-paragraph (1) must not exceed one month.
(8)The Secretary of State may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice.
(9)A cancellation notice may contain transitional or saving provision.
(10)Where a notice under sub-paragraph (1) modifies section 124(2) or 125(2) of the Education and Skills Act 2008 in the manner specified in the table in sub-paragraph (6), that modification continues to have effect in relation to any decision notice served during the specified period in the notice (except that if the notice is cancelled, that specified period is treated as having ended at the time the cancellation of the notice takes effect under sub-paragraph (8)).
(11)Nothing in sub-paragraph (7) or (8) prevents the making of a further notice in relation to any provision.
(12)Subject to sub-paragraph (13), the Secretary of State must—
(a)publish a notice under this paragraph, and
(b)take such other steps as the Secretary of State considers reasonable to bring the notice to the attention of those persons likely to be affected by it.
(13)Where the notice relates to a person specified by name—
(a)the Secretary of State must give a copy of the notice to that person, and
(b)the published version of the notice must not identify any individual without their consent.
(14)In this paragraph—
“Academy arrangements” has the meaning given by section 1(2) of the Academies Act 2010;
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978), and includes an enactment whenever passed or made;
“similar Academy arrangements provision” means—
for the purposes of sub-paragraph (1)(a) any provision of Academy arrangements which is similar to any enactment listed in sub-paragraph (5), and
for the purposes of sub-paragraph (1)(b) any provision of Academy arrangements which is similar to any enactment listed in the table in sub-paragraph (6);
“specified”, in relation to a notice under sub-paragraph (1), means specified in the notice.
Editorial Information
X1The power conferred under this provision to issue or cancel a notice may be exercised by means of a notice published in The Gazette
6(1)The Secretary of State may by regulations amend the list in paragraph 5(5) or the table in paragraph 5(6) so as to add an enactment relating (directly or indirectly) to children, education or training, or to vary or remove an entry.E+W
(2)The power to make regulations under this paragraph is exercisable by statutory instrument.
(3)Regulations under this paragraph may—
(a)make different provision for different purposes;
(b)contain transitional, transitory or saving provision.
(4)A statutory instrument containing regulations under this paragraph must be laid before Parliament as soon as reasonably practicable after being made.
(5)Regulations contained in an instrument laid before Parliament by virtue of sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of each House of Parliament.
(6)In calculating the period of 40 days, no account is to be taken of any time during which—
(a)Parliament is dissolved or prorogued, or
(b)both Houses of Parliament are adjourned for more than 4 days.
(7)Where regulations cease to have effect as a result of sub-paragraph (5), that does not—
(a)subject to sub-paragraph (8), affect anything previously done under or by virtue of the regulations, or
(b)prevent the making of new regulations.
(8)Where a notice has been given under paragraph 5 by virtue of the regulations and the regulations cease to have effect during the specified period set out in that notice, the specified period is treated as ending at the time the regulations cease to have effect.
X27(1)The Welsh Ministers may by notice make provision in relation to Wales—E+W
(a)disapplying, for a specified period, any enactment listed in sub-paragraph (5);
(b)modifying, for a specified period, any enactment listed in the table in sub-paragraph (6), in the manner described in that table.
(2)A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to—
(a)a specified person or description of persons;
(b)a specified area;
(c)any other matter.
(3)A notice under sub-paragraph (1) may also make such consequential modifications of any other enactment, for the specified period, as the Welsh Ministers consider appropriate.
(4)A notice under sub-paragraph (1) must state why the Welsh Ministers consider that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus.
(5)This is the list referred to in sub-paragraph (1)(a)—
(a)section 324(5)(a) and (b) of the Education Act 1996 (statement of special educational needs);
(b)section 328(5) of that Act (review of education needs);
(c)sections 437, 443 and 444(1) and (1A) of that Act (provisions relating to attendance at school);
[F1(ca)section 69 of, and Schedule 19 to, the School Standards and Framework Act 1998 (duty to secure due provision of religious education);]
(d)section 87 of the School Standards and Framework Act 1998 (no requirement to admit children permanently excluded from two or more schools);
(e)section 101(1) of the Education Act 2002 (basic curriculum for every maintained school);
[F2(ea)section 109 of that Act (implementation of the National Curriculum in maintained schools);
(eb)section 110 of that Act (implementation of the National Curriculum in nursery schools etc.);
(ec)sections 116A to 116K of that Act (the local curricula);]
(f)sections 28(1), 39(2), 40, 42(2) and 50(4) of, and paragraph 2(1) and (2) of Schedule 6 to, the Education Act 2005 (provisions relating to inspections);
(g)regulation 12 of the Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016 (S.I. 2016/88 (w.42)) (annual progress reports), so far as it requires an annual report for the years 2020 and 2021.
[F3(ga)sections 13(1), 14(10), 19(7), 23(1) and 24(1) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (provisions relating to individual development plans);]
[F4(h)the National Curriculum (Key Stage 2 Assessment Arrangements) (Wales) Order 2004 (S.I. 2004/2915 (W. 254));
(i)the National Curriculum (Key Stage 3 Assessment Arrangements) (Wales) Order 2005 (S.I. 2005/1394 (W. 108));
(j)the Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013 (S.I. 2013/433 (W. 51));
(k)the National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third Key Stages) (Wales) Order 2014 (S.I. 2014/1999 (W. 200));
(l)the National Curriculum (Moderation of Assessment Arrangements for the Second and Third Key Stages) (Wales) Order 2015 (S.I. 2015/1309 (W. 113));
(m)the National Curriculum (Desirable Outcomes, Educational Programmes and Baseline and End of Phase Assessment Arrangements for the Foundation Phase) (Wales) Order 2015 (S.I. 2015/1596 (W. 195)).]
[F5(n)regulations 3 and 4 of the Changing of School Session Times (Wales) Regulations 2009 (S.I. 2009/572 (W. 54))]
(6)This is the table referred to in sub-paragraph (1)(b)—
| Act, Measure or statutory instrument | Enactment | Authorised modification |
|---|---|---|
| The Further and Higher Education Act 1992 | Section 44 (collective worship) | Any duty imposed on a person by section 44 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Section 3 (definition of “pupil”) | A person is not for the purposes of the Education Act 1996 to be treated as a pupil at a school merely because any education is provided for that person at the school on a temporary basis for reasons relating to the incidence or transmission of coronavirus. |
| Education Act 1996 | Section 14 (functions in respect of primary and secondary schools) | Any duty imposed on a person by section 14 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Section 19 (exceptional provision of education in pupil referral units or elsewhere) | Any duty imposed on a person by or under section 19 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Section 324 (statement of special educational needs) | Any duty imposed on a person by section 324(5)(a) or (b) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Section 328 (review of educational needs) | Any duty imposed on a person by or under section 328 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1996 | Sections 512 to 512ZB (school meals) | Any duty imposed on a person by sections 512 to 512ZB is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| [F6School Standards and Framework Act 1998 | Section 69 (duty to secure due provision of religious education) | Any duty imposed on a person by section 69(1) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 1997 | Section 43 (provision of careers education in schools in Wales) | Any duty imposed on a person by section 43(3) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.] |
| School Standards and Framework Act 1998 | Section 70 (requirements relating to collective worship) | Any duty imposed on a person by section 70 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| School Standards and Framework Act 1998 | Section 89A (determination of admission numbers) | Section 89A has effect as if subsections (1) and (3) were omitted and in subsection (2) for “Such a determination under section 89 may also” there were substituted “ A determination under section 89 may ” and paragraph (b) (and the preceding “and”) were omitted. |
| School Standards and Framework Act 1998 | Section 99 (general restriction on selection by ability or aptitude) | Section 99 has effect as if subsections (2) and (4), and the words from “unless” to the end in subsection (3), were omitted. |
| School Standards and Framework Act 1998 | Section 118 (duty of local authority as respects availability of nursery education) | Any duty imposed on a local authority by section 118 is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. |
| Learning and Skills Act 2000 | Sections 31 and 32 (education and training for those aged 16 to 19 and those over 19) | Any duty imposed on the Welsh Ministers by section 31 or 32 is to be treated as discharged if the Welsh Ministers have used reasonable endeavours to discharge the duty. |
| Learning and Skills Act 2000 | Section 35 (financial resources: conditions) | Section 35 has effect, where a temporary closure direction or temporary continuity direction (under Schedule 16 or 17 to the Coronavirus Act 2020) applies in relation to a person, as if it authorised the Welsh Ministers to vary the conditions imposed, or impose additional conditions, under that section in relation to financial resources secured to that person under section 34. |
| Learning and Skills Act 2000 | Section 140 (duty on the Welsh Ministers to arrange an assessment of a person with SEN in particular circumstances) | Any duty imposed on a person by section 140 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| [F7Education Act 2002 | Section 101 (basic curriculum for every maintained school in Wales) | Any duty imposed on a person by virtue of section 101 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.] |
| Education Act 2002 | Section 108 (establishment of National Curriculum for Wales by Order) | Section 108 has effect as if it provided that any duty imposed on a person by an order under that section is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| [F8Education Act 2002 | Section 109 (implementation of the National Curriculum for Wales in schools) | Any duty imposed on a person by section 109 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 2002 | Section 110 (implementation of the National Curriculum for Wales in respect of nursery schools etc) | Any duty imposed on a person by section 110 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 2002 | Sections 116A to 116K (the local curricula) | Any duty imposed on a person by or under sections 116A to 116K is to be treated as discharged if the person has used reasonable endeavours to discharge the duty.] |
| Education Act 2002 | Section 166(2) (time limit for appeals by proprietor against decisions relating to registered schools) | The period for bringing an appeal is to be treated as increased from 28 days to 3 months. |
| Education Act 2005 | Section 28 (duty to arrange regular inspections) | The duty imposed by section 28(1) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 39 (measures to be taken by appropriate authority) | The duty imposed on a person by virtue of section 39(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 40 (statement prepared by a local authority) | Any duty imposed on a local authority by section 40 is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 42 (statement to be prepared by proprietor of school) | The duty imposed on a person by virtue of section 42(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Section 50 (inspection of religious education: Wales) | The duty imposed on a person by section 50(4) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Education Act 2005 | Paragraph 2(1) and (2) of Schedule 6 (procedure for inspections under section 50) | Any duty imposed on a person by paragraph 2(1) or (2) is treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| Childcare Act 2006 | Section 24 (arrangements between local authority and childcare providers) | Any duty imposed on a Welsh local authority by section 24 is to be treated as discharged if the Welsh local authority has used reasonable endeavours to discharge the duty; and section 24(2) has effect as if after “securing that” there were inserted “ so far as reasonably practicable ”. |
| Childcare Act 2006 | Section 27 (duty to provide information, advice and assistance) | Any duty imposed on a Welsh local authority by section 27 is to be treated as discharged if the Welsh local authority has used reasonable endeavours to discharge the duty. |
| Children and Families (Wales) Measure 2010 | Section 45 (supply of information to local authorities) | Any duty imposed on the Welsh Ministers under section 45(1) is to be treated as discharged if the Welsh Ministers have used reasonable endeavours to discharge the duty. |
| Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016 (S.I. 2016/88 (W.42)) | Regulation 3 (duty to prepare and publish assessments) | Regulation 3(3) has effect as if after “intervals” there were inserted “ subject to any direction given by the Welsh Ministers to prepare and publish an assessment at another time ”. |
| Child Minding and Day Care (Wales) Regulations 2010 (S.I. 2010/2574 (W.214)) | The whole instrument | The Regulations have effect as if they included a Regulation in the following terms “The Welsh Ministers may, by notice in writing, relax any of the requirements of regulations 3, 4, 5, 12, 14, 15 or 16, or of paragraph 9 or 33 of Schedule 1, where to do so is a necessary and proportionate response to the incidence or transmission of coronavirus (and those requirements are to be read subject to any such relaxation).” |
| [F9School Organisation Code made by the Welsh Ministers under sections 38 of the School Standards and Organisation (Wales) Act 2013 (Statutory Code Document Number 011/18) | Paragraph 3.4 (consultation document) | Paragraph 3.4 has effect as if the references to “school day” include a day on which there would have been a school session but for any restriction on the attendance of pupils at the school in connection with the prevalence of coronavirus. |
| School Organisation Code made by the Welsh Ministers under sections 38 of the School Standards and Organisation (Wales) Act 2013 (Statutory Code Document Number 011/18) | Paragraph 3.5 (consultation with children and young people) | Any duty imposed on a person by paragraph 3.5 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. |
| School Organisation Code made by the Welsh Ministers under sections 38 of the School Standards and Organisation (Wales) Act 2013 (Statutory Code Document Number 011/18) | Paragraph 4.1 (manner of publication) | Paragraph 4.1 has effect as if the references to “school day” include a day on which there would have been a school session but for any restriction on the attendance of pupils at the school in connection with the prevalence of coronavirus.] |
(7)The specified period in a notice under sub-paragraph (1) must not exceed one month.
(8)The Welsh Ministers may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice.
(9)A cancellation notice may contain transitional or saving provision.
(10)Where a notice under sub-paragraph (1) modifies section 166(2) of the Education Act 2002 in the manner specified in the table in sub-paragraph (6), that modification continues to have effect in relation to any notice of a refusal, determination or order mentioned in section 166(2) of that Act served during the specified period in the notice under sub-paragraph (1) (except that if the notice under sub-paragraph (1) is cancelled, that specified period is treated as having ended at the time the cancellation of the notice takes effect under sub-paragraph (8)).
(11)Nothing in sub-paragraph (7) or (8) prevents the making of a further notice in relation to any provision.
(12)Subject to sub-paragraph (13), the Welsh Ministers must—
(a)publish a notice under this paragraph, and
(b)take such other steps as the Welsh Ministers consider reasonable to bring the notice to the attention of those persons likely to be affected by it.
(13)Where the notice relates to a person specified by name—
(a)the Welsh Ministers must give a copy of the notice to that person, and
(b)the published version of the notice must not identify any individual without their consent.
(14)In this paragraph—
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978), and includes an enactment whenever passed or made;
“specified”, in relation to a notice under sub-paragraph (1), means specified in the notice.
Editorial Information
X2The power conferred under this provision to issue or cancel a notice may be exercised by means of a notice published in The Gazette
Textual Amendments
F1Sch. 17 para. 7(5)(ca) inserted (23.6.2020) by The Curriculum Requirements (Amendment of paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/624),regs. 1(2), 2(a)
F2Sch. 17 para. 7(5)(ea)-(ec) inserted (23.6.2020) by The Curriculum Requirements (Amendment of paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/624),regs. 1(2), 2(b)
F3Sch. 17 para. 7(5)(ga) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 11(2)
F4Sch. 17 para. 7(5)(h)-(m) inserted (23.6.2020) by The Curriculum Requirements (Amendment of paragraph 7(5) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/624),regs. 1(2), 2(c)
F5Sch. 17 para. 7(5)(n) inserted (25.6.2020 at 12.00 p.m.) by The Maintained Schools (Amendment of paragraph 7 of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/640), regs. 1(2), 2(2)
F6Words in Sch. 17 para. 7(6) Table inserted (26.8.2020) by The Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/891), regs. 1(2), 2(2)
F7Words in Sch. 17 para. 7(6) Table inserted (26.8.2020) by The Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/891), regs. 1(2), 2(3)
F8Words in Sch. 17 para. 7(6) Table inserted (26.8.2020) by The Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/891), regs. 1(2), 2(4)
F9Words in Sch. 17 para. 7(6) Table inserted (25.6.2020 at 12.00 p.m.) by The Maintained Schools (Amendment of paragraph 7 of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/640), regs. 1(2), 2(3)
8(1)The Welsh Ministers may by regulations amend the list in paragraph 7(5) or the table in paragraph 7(6) so as to add an enactment relating (directly or indirectly) to children, education or training, or to vary or remove an entry.E+W
(2)The power to make regulations under this paragraph is exercisable by statutory instrument.
(3)Regulations under this paragraph may—
(a)make different provision for different purposes;
(b)contain transitional, transitory or saving provision.
(4)A statutory instrument containing regulations under this paragraph must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.
(5)Regulations contained in an instrument laid before the National Assembly for Wales by virtue of sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of the National Assembly for Wales.
(6)In calculating the period of 40 days, no account is to be taken of any time during which the National Assembly for Wales is—
(a)dissolved, or
(b)in recess for more than 4 days.
(7)Where regulations cease to have effect as a result of sub-paragraph (5), that does not—
(a)subject to sub-paragraph (8), affect anything previously done under or by virtue of the regulations, or
(b)prevent the making of new regulations.
(8)Where a notice has been given under paragraph 7 by virtue of the regulations and the regulations cease to have effect during the specified period set out in that notice, the specified period is treated as ending at the time the regulations cease to have effect.