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—

    1. i

      in a maintained school or a maintained nursery school, or

    2. ii

      by the provider of funded non-maintained nursery education;

  • 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—

    1. a

      a maintained school,

    2. b

      a provider of funded non-maintained nursery education;

    3. c

      a pupil referral unit, and

    4. 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;

  • 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.

Jeremy MilesMinister for Education and Welsh Language, one of the Welsh Ministers