The Education (Maintained Special Schools) (Wales) (Amendment) Regulations 2009

Welsh Statutory Instruments

2009 No. 48 (W.16)

EDUCATION, WALES

The Education (Maintained Special Schools) (Wales) (Amendment) Regulations 2009

Made

16 January 2009

Laid before the National Assembly for Wales

19 January 2009

Coming into force

9 February 2009

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by section 71(7) of the School Standards and Framework Act 1998(1) and now vested in them(2), make the following Regulations:

Title, commencement and application

1.—(1) The title of these Regulations is the Education (Maintained Special Schools) (Wales) (Amendment) Regulations 2009 and they come into force on 9 February 2009.

(2) These Regulations apply in relation to Wales.

Amendment of Regulations

2.  For regulation 12 of the Education (Maintained Special Schools) (Wales) Regulations 1999(3), substitute the following —

“Religious Education

12.   Arrangements must be made to ensure that, so far as practicable, every pupil attending a maintained special school —

(a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil’s parent; and

(b) attends religious worship unless withdrawn from attendance at such worship —

(i) in the case of a sixth-form pupil, in accordance with the pupil’s own wishes; and

(ii) in any other case, in accordance with the wishes of the pupil’s parent.”

Jane Hutt

Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers

16 January 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Maintained Special Schools) (Wales) Regulations 1999 by substituting a new regulation 12. The change it makes from the previous regulation is to allow a sixth form pupil to withdraw from religious worship at a special school if the pupil so wishes. A sixth form pupil is defined in section 71(8) of the Schools Standards and Framework Act 1998 as any pupil who has ceased to be of compulsory school age and who is receiving education suitable to the requirements of pupils over compulsory school age. This aligns the law with that for mainstream schools in section 71 of the School Standards and Framework Act 1998 as amended by section 55 of the Education and Inspections Act 2006.

(1)

1998 c. 31. Section 71 was amended by the Education Act 2002 (c. 32), Schedule 21, paragraph 105. Section 71(7) was substituted by section 55(8) of the Education and Inspections Act 2006 (c. 40).

(2)

Functions of the Secretary of State under section 71 were transferred to the National Assembly for Wales by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 180 of the Education and Inspections Act 2006 (as amended by paragraph 88 of Schedule 1 to the Education and Skills Act 2008 (c. 25)) and then to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

S.I. 1999/1780, as amended by S.I. 2005/3238 (W.243).