PART 2

CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION
CHAPTER 4

CURRICULUM IMPLEMENTATION: EXCEPTIONS

Development work and experiments
38
1
The Welsh Ministers may give a direction under this section in order to enable development work or experiments to be carried out.
2
A direction may be given in relation to—
a
a school specified in the direction;
b
schools of a description specified in the direction;
c
funded non-maintained nursery education of a description specified in the direction.
3
A direction given in relation to a school must be given—
a
to the head teacher and the governing body of the school, and
b
to the local authority that maintains the school (unless the school is a foundation or voluntary aided school).
4
A direction given in relation to a school may, for a period specified in the direction—
a
disapply sections 27, 28, 29 and 30, or any of those sections, in relation to the school;
b
provide that sections 27, 28, 29 and 30, or any of those sections, apply in relation to the school with the modifications specified in the direction.
5
A direction given in relation to a school may also require—
a
the head teacher and the governing body of the school, and
b
the local authority that maintains the school (unless the school is a foundation or voluntary aided school),
to report to the Welsh Ministers on any matters specified in the direction at times or intervals specified in the direction.
6
A direction given in relation to funded non-maintained nursery education must be given to—
a
the provider of the education, and
b
the local authority that secures the education.
7
A direction given in relation to funded non-maintained nursery education may, for a period specified in the direction—
a
disapply sections 34, 35 and 36, or any of those sections, in relation to that education;
b
provide that sections 34, 35 and 36, or any of those sections, apply in relation to that education with the modifications specified in the direction.
8
A direction given in relation to funded non-maintained nursery education may also require—
a
the provider of the education, and
b
the local authority that secures the education,
to report to the Welsh Ministers on any matters specified in the direction at times or intervals specified in the direction.
9
A person to whom a direction is given under this section must comply with the direction.
Pt. 2 modified (temp.) (13.6.2022) by The Curriculum and Assessment (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2022 (S.I. 2022/652), art. 2
S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(c), Sch.
S. 38 in force at 1.9.2023 for specified purposes by S.I. 2022/652, art. 6(1)(2)(c)