Title and interpretation1
1
The title of this Order is the Curriculum and Assessment (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2022.
2
In this Order—
“the 1996 Act” (“Deddf 1996”) means the Education Act 19962;
“the 2018 Act” (“Deddf 2018”) means the Additional Learning Needs and Education Tribunal (Wales) Act 20183;
“the 2021 Act” (“Deddf 2021”) means the Curriculum and Assessment (Wales) Act 2021;
“academic year” (“blwyddyn academaidd”) means the period of 12 months beginning on 1 September;
“additional learning needs” (“anghenion dysgu ychwanegol”) has the meaning given to it in section 2 of the 2018 Act;
“child” (“plentyn”) has the meaning given to it in section 579(1) of the 1996 Act;
“individual development plan” (“cynllun datblygu unigol”) means a plan prepared and maintained under Chapter 2 of Part 2 of the 2018 Act;
“maintained school” (“ysgol a gynhelir”) means a maintained school within the meaning of section 79(1)(a) and (b) of the 2021 Act;
“nursery education” (“addysg feithrin”) means education provided to children or pupils below compulsory school age—
- i
in a maintained school or a maintained nursery school, or
- ii
by the provider of funded non-maintained nursery education;
- i
“provider of funded non-maintained nursery education” (“darparwr addysg feithrin a gyllidir ond nas cynhelir”) has the meaning given to it in section 80(2)(a) of the 2021 Act;
“pupil referral unit” (“uned cyfeirio disgyblion”) has the meaning given to it in section 81(1) of the 2021 Act;
“pupil” (“disgybl”) has the meaning given to it in section 3 of the 1996 Act4;
“reception year” (“blwyddyn derbyn”) means a year group in which the majority of the children or pupils attain the age of 5;
“setting” (“lleoliad”) means—
- a
a maintained school,
- b
a provider of funded non-maintained nursery education;
- c
a pupil referral unit, and
- d
the provision of teaching and learning for a child otherwise than at a pupil referral unit by virtue of arrangements made under section 19A of the 1996 Act;
- a
“special educational needs” (“anghenion addysgol arbennig”) has the meaning given to it in section 312(1) of the 1996 Act5;
“special educational needs provision” (“darpariaeth anghenion addysgol arbennig”) has the meaning given to it in section 312(4) of the 1996 Act6;
“statement of special educational needs” (“datganiad anghenion addysgol arbennig”) means a statement within the meaning of section 324 of the 1996 Act7;
“year 1” (“blwyddyn 1”) means a year group in which the majority of children or pupils attain the age of 6;
“year 2” (“blwyddyn 2”) means a year group in which the majority of children or pupils attain the age of 7;
“year 3” (“blwyddyn 3”) means a year group in which the majority of children or pupils attain the age of 8;
“year 4” (“blwyddyn 4”) means a year group in which the majority of children or pupils attain the age of 9;
“year 5” (“blwyddyn 5”) means a year group in which the majority of children or pupils attain the age of 10;
“year 6” (“blwyddyn 6”) means a year group in which the majority of children or pupils attain the age of 11;
“year 7” (“blwyddyn 7”) means a year group in which the majority of children or pupils attain the age of 12;
“year 8” (“blwyddyn 8”) means a year group in which the majority of children or pupils attain the age of 13;
“year 9” (“blwyddyn 9”) means a year group in which the majority of children or pupils attain the age of 14;
“year 10” (“blwyddyn 10”) means a year group in which the majority of children or pupils attain the age of 15;
“year 11” (“blwyddyn 11”) means a year group in which the majority of children or pupils attain the age of 16;
“year 12” (“blwyddyn 12”) means a year group in which the majority of children or pupils attain the age of 17;
“year 13” (“blwyddyn 13”) means a year group in which the majority of children or pupils attain the age of 18;
“year group” (“grŵp blwyddyn”) means a group of children or pupils at a setting the majority of whom will, in a particular academic year, attain the same age.
Transitional provision2
Until such time as Part 4 of the 1996 Act is repealed by the 2018 Act references in Part 2 of the 2021 Act to—
a
“additional learning needs provision” are treated as including “special educational provision”;
b
“additional learning needs” are treated as including “special educational needs”; and
c
“individual development plan” are treated as including a “statement of special educational needs”.
Provisions coming into force on 14 June 2022: partially3
The following provisions of the 2021 Act come into force on 14 June 2022—
a
sections 42 and 43 for the purpose of making regulations under section 42, and
b
section 69 for the purpose of making regulations under that section.
Provisions coming into force on 1 September 2022: fully4
The following provisions of the 2021 Act come into force on 1 September 2022—
a
sections 6 to 8 to the extent they are not already in force,
b
sections 42 and 43 to the extent they are not already in force,
c
sections 56 and 57 to the extent they are not already in force,
d
sections 63 to 67,
e
section 69 to the extent it is not already in force, and
f
sections 70 and 71.
Provisions coming into force on 1 September 2022: partially5
1
The provisions of the 2021 Act in paragraph (2) come into force on 1 September 2022 for a child or pupil—
a
who is provided with nursery education,
b
in a reception year,
c
in years 1 to 6, and
d
in year 7 in those maintained schools and pupil referral units set out in the Schedule.
2
The provisions referred to in paragraph (1) are—
a
sections 9 to 24(1), (2), (3) and (4),
b
sections 25 to 29,
c
sections 34 to 41,
d
sections 44 to 55, and
e
Schedule 1.
Provisions coming into force on 1 September 2023: partially6
1
The provisions of the 2021 Act in paragraph (2) come into force on 1 September 2023 for a child or pupil in—
a
year 7 for all other settings not listed in the Schedule (Year 7 List), and
b
year 8.
2
The provisions referred to in paragraph (1) are—
a
sections 9 to 24(1), (2), (3) and (4),
b
sections 25 to 29,
c
sections 34 to 41,
d
sections 44 to 55, and
e
Schedule 1.
Provisions coming into force on 1 September 2024: partially7
The following provisions of the 2021 Act come into force on 1 September 2024 for a child or pupil in year 9—
a
sections 9 to 24(1), (2), (3) and (4),
b
sections 25 to 29,
c
sections 34 to 41,
d
section 68,
e
sections 44 to 55, and
f
Schedule 1.
Provisions coming into force on 1 September 2025: partially8
The following provisions of the 2021 Act come into force on 1 September 2025 for a child or pupil in year 10—
a
sections 9 to 41,
b
sections 44 to 55, and
c
Schedule 1.
Provisions coming into force on 1 September 2026: fully9
The following provisions of the 2021 Act come into force on 1 September 2026 to the extent they are not already in force—
a
sections 9 to 41,
b
sections 44 to 55,
c
sections 58 to 62,
d
section 68, and
e
Schedule 1.