Curriculum and Assessment (Wales) Act 2021

Co-operation and facilitation E+W

65 Duty to co-operate E+W

(1) A person within subsection (2) must seek to enter into co-operation arrangements with—

(a) another person within that subsection, or

(b) the governing body of an institution in Wales within the further education sector,

if the person considers that entering into such arrangements would facilitate the exercise of a function conferred on the person by or under this Act.

(2) The persons are—

(a) the head teacher of a maintained school or a maintained nursery school;

(b) the governing body of a maintained school or a maintained nursery school;

(c) a provider of funded non-maintained nursery education;

(d) the teacher in charge of a pupil referral unit;

(e) the management committee for a pupil referral unit;

(f) a local authority in Wales.

(3) If a person seeks to enter into co-operation arrangements with another person in accordance with subsection (1), the other person must consider the request.

(4) In this section, “co-operation arrangements” means—

(a) arrangements made in exercise of the powers of collaboration described in section 5 of the Education (Wales) Measure 2011 (nawm 7), or

(b) arrangements of a similar kind made by or with—

(i) the head teacher of a maintained school or a maintained nursery school,

(ii) a provider of funded non-maintained nursery education,

(iii) the teacher in charge of a pupil referral unit, or

(iv) the management committee for a pupil referral unit.

Commencement Information

I1 S. 65 in force at 1.9.2022 by S.I. 2022/652, art. 4(d)

66 Welsh Ministers' duty to facilitate the performance of functions E+W

(1) The Welsh Ministers must exercise their functions with a view to facilitating the performance of functions, by persons within subsection (2), that are conferred on them by or under Parts 2 to 4.

(2) The persons are—

(a) the head teacher of a maintained school or a maintained nursery school;

(b) the governing body of a maintained school or a maintained nursery school;

(c) a provider of funded non-maintained nursery education;

(d) the teacher in charge of a pupil referral unit;

(e) the management committee for a pupil referral unit;

(f) a person who provides teaching and learning for a child otherwise than at a maintained school, maintained nursery school or pupil referral unit by virtue of arrangements made under section 19A of the Education Act 1996 (c. 56);

(g) a local authority in Wales.

Commencement Information

I2 S. 66 in force at 1.9.2022 by S.I. 2022/652, art. 4(d)

67 Local authorities' duty to facilitate the performance of functions E+W

(1) A local authority in Wales must exercise its functions with a view to facilitating the performance of functions, by persons within subsection (2), that are conferred on them by or under Parts 2 to 4.

(2) The persons are—

(a) the head teacher of a maintained school or a maintained nursery school that is maintained by the local authority;

(b) the governing body of a maintained school or a maintained nursery school that is maintained by the local authority;

(c) a provider of funded non-maintained nursery education secured by the local authority;

(d) the teacher in charge of a pupil referral unit maintained by the local authority;

(e) the management committee for a pupil referral unit maintained by the local authority.

(3) Subsection (4) applies where a local authority makes arrangements under section 19A of the Education Act 1996 (c. 56) for the provision of education to a child otherwise than at⁠—

(a) a maintained school or maintained nursery school that is maintained by the local authority, or

(b) a pupil referral unit that is maintained by the local authority.

(4) The authority must exercise its functions with a view to facilitating the performance of their relevant functions by persons within subsection (5).

(5) The persons are—

(a) where the child is provided with the education at a maintained school or a maintained nursery school that is maintained by another local authority, the head teacher and governing body of the school;

(b) where the child is provided with the education at a pupil referral unit that is maintained by another local authority, the teacher in charge of the unit, the management committee for the unit (if there is one) and that authority;

(c) where the education is provided for the child otherwise than at a maintained school or pupil referral unit, any person who provides it.

(6) The “relevant functions” of a person within subsection (5) are the functions conferred on that person, by or under Parts 2 to 4, in respect of the education.

Commencement Information

I3 S. 67 in force at 1.9.2022 by S.I. 2022/652, art. 4(d)