Part 6 – General
Section 48 - Directions and guidance
172.This section makes provision for directions given under Parts 3 and 4 of this Act. It also requires a local authority and a school’s governing body, in exercising functions under the Act, to have regard to any guidance issued by the Welsh Ministers.
Section 49 - Repeal of provisions in the School Standards and Organisation (Wales) Act 2013
173.This section amends Schedule 2 to the School Standards and Organisation (Wales) Act 2013 by removing paragraphs and cross headings relating to the language medium of teaching at schools, and sets out certain consequential amendments. This means that alterations to the language medium of teaching described in Schedule 2 (“Regulated Alterations”) to the 2013 Act are not a “regulated alteration” for the purpose of that Act. Consequently there is no need to follow the process in Part 3 of the 2013 Act when making such alterations to the language medium of the teaching. Instead, it is Part 3 of this Act which now makes provision about changing the language medium of teaching at schools.
Section 50 - Education Acts
174.This section adds Part 3 (Welsh Language Education) and Part 4 (Planning Welsh Language Education and Learning Welsh) of this Act to the list of Education Acts set out in section 578 of the Education Act 1996. This is a way of co-ordinating legislation involving education and its main effect is that the Welsh Ministers and local authorities have powers to intervene if the governing body of a maintained school fails to comply with duties under Part 3, or exercises functions under Part 3 in an unreasonable way. Similarly, if there is a failure by a local authority to comply with a duty under Part 3 or Part 4, if it acts unreasonably when carrying out a function under Part 3 or Part 4 or if it fails to carry out one or more of those functions to an adequate standard, the Welsh Ministers could exercise their power to intervene. These intervention powers are contained in Part 2 of the School Standards and Organisation (Wales) Act 2013.
Section 51 – Interpretation
175.This section defines some of the key terms used in the Act. In addition, this section provides that definitions in the provisions of the Education Act 1996 apply when the defined term is used in section 51(1), section 1(1)(c), section 2(1)(b) and (c) and Parts 3 and 4 of this Act. But if one of those terms is given another meaning by this Act, it is that other meaning rather than the definition in the Education Act 1996 that applies for the purposes of the Act. For example, this applies to the definitions of “school” and “maintained school” which have a specific meaning in this Act (see section 8(2)(c) and section 51(1)).
Section 52 – Publication
176.This section makes provision in relation to how a document must be published in accordance with a duty under this Act. The document must be in an electronic format. A person is also required to publish the document in another manner they consider appropriate so that those who are unable or are unlikely to be able to access the document electronically can access it.
Section 53 - Sending documents
177.This section makes provision in relation to the giving or sending of a notice, direction or document, and explains how a person may do so in accordance with a duty under this Act. Permitted means of communication include a person handing the document over, leaving it at the person’s usual place of residence, and sending it by post or email. A person may use more than one method of communication if they wish. If a person gives or sends a notice, direction or document via email, section 53(2) sets conditions for doing so.
Section 54 — Regulations under this Act
178.This section makes provision in relation to the powers conferred on the Welsh Ministers in this Act to make regulations, and section 54(2) and (3) provides details on that power. Section 54(4) and (5) sets out the legislative procedures that apply to regulations under the Act. Regulations under the sections set out in 54(4) are subject to the affirmative procedure. Under section 54(5) any other statutory instrument containing regulations under the Act is subject to the negative procedure.
Section 55 — Consequential and transitional provision etc.
179.This section gives the Welsh Ministers power to make provision in regulations as a result of any provisions in this Act. This may be a supplementary provision, an incidental provision or a consequential provision, or a transitional provision, a transitory provision or a saving provision. This includes amending, repealing or revoking any primary or subordinate legislation (including any provision in this Act).
Section 56 - Coming into force
180.Section 56(1) provides that Part 6 (except section 49), section 1(1)(a) and section 1(4) (for the purposes of section 1(1)(a)) come into force on the day after the day the Act receives Royal Assent. Section 56(2) provides that sections 1(5) and 5 and Schedule 1 come into force two months after the Act receives Royal Assent. Section 56 also provides that Part 5 and Schedule 2 in relation to the National Institute for Learning Welsh come into force on 1 August 2027. All other sections come into force on a day specified by the Welsh Ministers by order.
Section 57 - Short title
181.The short title of the Act is the Welsh Language and Education (Wales) Act 2025.
