Curriculum and Assessment (Wales) Act 2021

Specific provision for further settings etc

69 Power to make provision for children receiving education in more than one setting etc

(1) Regulations may make provision for and in connection with teaching and learning to be secured for children of compulsory school age to whom this section applies.

(2) This section applies to a child who is a registered pupil at a maintained school if—

(a) education is provided for the child, either by virtue of arrangements made under section 19A of the Education Act 1996 (c. 56) or otherwise—

(i) at another maintained school, or

(ii) at a maintained nursery school;

(b) education is provided for the child under section 19A of the Education Act 1996 at a pupil referral unit;

(c) education is provided for the child under section 19A of the Education Act 1996, otherwise than at a pupil referral unit, maintained school or maintained nursery school.

(3) This section applies to a child who is a registered pupil at a maintained nursery school if⁠—

(a) education is provided for the child, either by virtue of arrangements made under section 19A of the Education Act 1996 or otherwise—

(i) at another maintained nursery school, or

(ii) at a maintained school;

(b) education is provided for the child at a pupil referral unit;

(c) education is provided for the child under section 19A of the Education Act 1996, otherwise than at a pupil referral unit, maintained school or maintained nursery school.

(4) This section applies to a child who is a registered pupil at a pupil referral unit if education is provided for the child, by virtue of arrangements made under section 19A of the Education Act 1996—

(a) at another pupil referral unit, or

(b) otherwise than at a pupil referral unit or a maintained school or maintained nursery school.

(5) This section applies to a child if the child—

(a) is not above compulsory school age, and

(b) is of a description specified in the regulations.

(6) Regulations under this section may also make provision for and in connection with the making, and implementation, of arrangements for assessing the following matters—

(a) the progress made by children to whom this section applies;

(b) the next steps in their progression;

(c) the teaching and learning needed to make that progress.

(7) The regulations may—

(a) confer functions on a person within subsection (8);

(b) apply a provision made by or under this Act in respect of children to whom this section applies, with or without modifications;

(c) provide for a provision made by or under this Act, that would otherwise apply in respect of those children, not to do so.

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

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

(e) 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;

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

(g) a local authority in Wales.

70 Power to apply Act to detained children and detained young persons

(1) Regulations may apply provisions of this Act, with or without modifications, to—

(a) detained children in Wales of a description specified in the regulations, and

(b) detained young persons in Wales of a description specified in the regulations.

(2) In this section, a detained child or detained young person means a child or young person who is detained in pursuance of—

(a) an order made by a court, or

(b) an order of recall made by the Secretary of State.