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Section 10(3) of the Education Reform Act 1988 imposes on local education authorities, governing bodies and head teachers of schools the duty to teach the subjects comprising the National Curriculum including Welsh for a reasonable time during each of the key stages defined in the Act. This duty is replaced by the provisions of the attainment targets and programmes of study in a subject in the National Curriculum when these come into force by order of the Secretary of State. In respect of Welsh, the attainment targets and programmes of study come into force over a period of time by virtue of the provisions of the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 1990 (S.I. 1990/1082) “the principal Order”.
Regulations have already been made (the Education (National Curriculum) (Exceptions) (Wales) Regulations 1990 (S.I. 1990/2187) which disapply the provisions of section 10(3) of the 1988 Act with regard to the teaching of Welsh in a key stage in a school where Welsh has not been taught to more than half of the total number of pupils in the school in that year in either the school year 1987/88 or the school year 1988/89.
This Order suspends the operation of the principal Order in relation to the schools listed in article 2(1) as regards the years of the key stages listed in article 2(2) in relation to those schools.
The schools listed in article 2(1) together with other schools are listed in Schedules 3—6 set out in the Appendix to the Order (which will become Schedules to the principal Order). As regards all these schools, the coming into force of the provisions of the principal Order are postponed as respects each year and key stage referred to in the Schedules to the dates referred to opposite each year and key stage. (Article 3).
This Order also disapplies the provisions of the principal Order regarding the dates of its coming into force in the fourth key stage in the schools listed in Schedule 7 set out in the Appendix to this Order (which becomes a Schedule to the principal Order). (Article 4).
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