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The Education (National Curriculum) (Temporary Exceptions for Individual Pupils) (Wales) Regulations 1999

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General and special directions

4.—(1) Subject to paragraphs (2) to (4) below, a direction may direct as respects any registered pupil that the provisions of the National Curriculum–

(a)shall not apply; or

(b)shall apply with such modifications as may be specified in the direction;

from such operative date and for such operative period as may be so specified.

(2) No operative date which is less than one month after the date on which the direction is given may be so specified unless the head teacher is satisfied that it is essential in the interests of the pupil or for other educational reasons that the direction should come into force earlier.

(3) Subject to paragraph (4), the maximum operative period that may be specified in a direction shall be–

(a)in the case of a general direction either–

(i)a fixed period not exceeding six months; or

(ii)a period determinable when the head teacher is satisfied that the circumstances giving rise to the direction no longer apply; and

(b)in the case of a special direction either–

(i)a period ending when a statement of special educational needs is made in respect of the pupil under section 324(1) of the 1996 Act or, as the case may be, when such an existing statement is amended under paragraph 9 of Schedule 27 to that Act; or

(ii)a period ending not later than one month after the responsible authority give notice to the head teacher that they have determined not to make or, as the case may be, to amend, such a statement in respect of the pupil.

(4) In no case shall the operative period of a direction exceed six months, and in the case of any direction falling within paragraph (3)(a)(ii) or (3)(b) above, the direction shall cease to have effect six months from its operative date if it has not already done so but without prejudice to the making of a further direction under regulations 9 to 11.

(1)

Section 324 is prospectively amended by paragraph 77 of Schedule 30 to the School Standards and Framework Act 1998.

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