PART 2

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

CURRICULUM IMPLEMENTATION: EXCEPTIONS

Development work and experiments: conditions
39
1
The Welsh Ministers may give a direction under section 38 only if the conditions in this section are met.
2
The first condition is that the Welsh Ministers are satisfied that the curriculum that will be implemented for the pupils or children as a result of the direction will—
a
enable each pupil or child to develop in the ways described in the four purposes,
b
secure teaching and learning that offers appropriate progression for each pupil or child,
c
be suitable for each pupil or child's age, ability and aptitude,
d
take account of each pupil's or child's additional learning needs (if any), and
e
secure broad and balanced teaching and learning for each pupil or child.
3
The second condition, in the case of a direction relating to a community school, voluntary controlled school, community special school or maintained nursery school, is that the direction is given—
a
on an application made by the governing body with the local authority's agreement,
b
on an application made by the local authority with the governing body's agreement, or
c
on a proposal made by the Welsh Ministers with the agreement of the governing body and the local authority.
4
The second condition, in the case of a direction relating to a foundation school or voluntary aided school, is that the direction is given—
a
on an application made by the governing body, or
b
with the governing body's agreement.
5
The second condition, in the case of a direction relating to funded non-maintained nursery education, is that the direction is given—
a
on an application made by the local authority with the agreement of the provider of the education, or
b
on a proposal made by the Welsh Ministers with the agreement of the local authority and the provider of the education.
6
In this section—
a
references to the local authority, in relation to a school, are to the local authority that maintains the school;
b
references to the local authority, in relation to funded non-maintained nursery education, are to the local authority that secures the education.
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. 39 in force at 1.9.2022 for specified purposes by S.I. 2022/652, art. 5(1)(2)(c), Sch.
S. 39 in force at 1.9.2023 for specified purposes by S.I. 2022/652, art. 6(1)(2)(c)