Welsh Language and Education (Wales) Act 2025

PART 6 GENERAL

48 Directions and guidance

(1) A direction under Parts 3 and 4 of this Act—

(a) must be complied with;

(b) must be in writing;

(c) may be varied or revoked by a later direction.

(2) A local authorit‍y, the governing body of a maintained school and the governing body of a maintained nursery school must, in the exercise of their functions under this Act, have regard to any guidance issued by the Welsh Ministers.

49 Repeal of provisions in the School Standards and Organisation (Wales) Act 2013

(1) The School Standards and Organisation (Wales) Act 2013 (anaw 1) is amended as follows.

(2) In Schedule 2 (regulated alterations)—

(a) in paragraph 4, for “to 8” substitute ”and 6”;

(b) omit paragraph 7 (language medium - primary education) and the cross heading that precedes it;

(c) omit paragraph 8 (language medium - secondary education) and the cross heading that precedes it;

(d) in paragraph 22, for “to 25” substitute “and 24”;

(e) omit paragraph 25 (language medium: maintained nursery schools) and the cross heading that precedes it.

50 Education Acts

Parts 3 and 4 of this Act are to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56)

51 Interpretation‍

(1) In this Act—

• “basic Welsh user” (“defnyddiwr Cymraeg sylfaenol”) has the meaning given in the Table in Schedule 1;

  in relation to a pupil referral unit, “governing body” (“corff llywodraethu”) means the committee (if any) established to act as the management committee for the unit under regulations made under Schedule 1 to the Education Act 1996 (c. 56) and the teacher in charge of the unit;

• “independent Welsh user” (“defnyddiwr Cymraeg annibynnol”) has the meaning given in the Table in Schedule 1;

• “local authority”(“awdurdod lleol”) means a council of a county or county borough in Wales;

• “maintained nursery school” (“ysgol feithrin a gynhelir”) means a nursery school maintained by a local authority and that is not a special school;

• “maintained school (“ysgol a gynhelir”) means—

  (a)

  a community, foundation or voluntary school in Wales,

  (b)

  a community special schoo‍l in Wales, other than a community special school established in a hospital, or

  (c)

  a pupil referral unit in Wales;

• “proficient Welsh user” (“defnyddiwr Cymraeg hyfedr”) has the meaning given in the Table in Schedule 1;

• “school sessions” (“sesiynau ysgol”) means school sessions commencing and ending at such times as may be determined from time to time in accordance with section 32C of the Education Act 2002 (c. 32);

• “tertiary education” (“addysg drydyddol”) has the meaning given in section 144 of the Tertiary Education and Research (Wales) Act 2022 (asc 1);

• “Welsh language education delivery plan” (“cynllun cyflawni addysg Gymraeg”) has the meaning given by section 14(1).

(2) In this Act, the following expressions have the same meaning as given by the School Standards and Framework Act 1998 (c. 31)—

• “community school” (“ysgol gymunedol”);

• “community special school” (“ysgol arbennig gymunedol”);

• “foundation school” (“ysgol sefydledig”);

• “voluntary school” (“ysgol wirfoddol”).

(3) Other expressions in subsection (1), section ‍1, section 2(1)(b) and (c) and Parts 3 and 4 of this Act that are defined in, or given a meaning by, the Education Act 1996 (c. 56) have the same meaning as in that Act, including—

• “compulsory school age” (“oedran ysgol gorfodol“) (see section 8 of the Education Act 1996);

• “education functions” (“swyddogaethau addysg”) (see the functions specified in Schedule 36A to the Education Act 1996);

• “primary school” (“ysgol gynradd”) (see section 5(1) of the Education Act 1996);

• “pupil” (“disgybl”) (see section 3 of the Education Act 1996);

• “pupil referral unit” (“uned cyfeirio disgyblion”) (see section 19A(2) of the Education Act 1996);

• “school year” (“blwyddyn ysgol”) (see section 579(1) of the Education 1996);

• “secondary school” (“ysgol uwchradd”) (see section 5(2) of the Education Act 1996).

(4) But where for the purposes of this Act an expression is given (either by this Act or by the Legislation (Wales) Act 2019 (anaw 4)) a meaning different from that given to it for the purposes of the Education Act 1996, that meaning applies for the purposes of that provision instead of the one given for the purposes of the 1996 Act.

52 Publication

(1) Where this Act imposes a duty to publish a document, it must be published—

(a) electronically, and

(b) in such other manner as the person subject to the duty considers appropriate for those unable to access the document electronically.

(2) The duty to publish the document electronically is, where the person has its own website, a duty to publish on that website.

53 Sending documents

(1) Where a notice, direction or other document is required or authorised by this Act to be sent or given to a person, the document may be sent or given—

(a) by handing it to the person or, in the case of a person who is a body corporate, handing it to the secretary or clerk of the body at its registered or principal office;

(b) by leaving it at the person’s usual or last known place of residence or, if the person has given an address for service, at that address;

(c) by sending it by post in a pre-paid letter—

(i) addressed to the person at the person’s usual or last known place of residence, or, in the case of a person who is a body corporate, addressed to the secretary or clerk of the body at its registered or principal office, or

(ii) if the person has given an address for service, addressed to the person at that address;

(d) if the person has given an address for service using electronic communications, by sending it to the person at that address using an electronic communication which complies with the conditions in subsection (2).

(2) The conditions are that the document is—

(a) capable of being accessed by the person to whom it is sent,

(b) legible in all material respects, and

(c) capable of being used for subsequent reference.

54 Regulations under this Act

(1) A power of the Welsh Ministers to make regulations under this Act must be exercised by statutory instrument.

(2) A power of the Welsh Ministers to make regulations under this Act includes power—

(a) to make different provision for different areas, different school years, or different purposes;

(b) to make different provision generally or subject to specified exemptions or exceptions or in relation to specified cases;

(c) to make such incidental, supplementary, consequential, transitory, transitional or saving provision.

(3) The provision that may be made under subsection (2)(c) includes provision that amends, repeals or revokes any enactment, including any provision in this Act.

(4) A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru—

(a) regulations under sections 1(2), 3(1) and‍ 3(3), 5(2), 9(3), 10(3), 11(2)(b), (3)(b) and (c), 13, 14(4), 20(4), 24(10), 40(1), 46(8)(b) and‍ paragraphs 2(4) and 3(f) of Schedule 2;

(b) regulations that amend or repeal any enactment contained in primary legislation (including any provision in this Act).

(5) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.

(6) In subsection (4) “primary legislation” means—

(a) an Act of Senedd Cymru;

(b) an Assembly Measure;

(c) an Act of the Parliament of the United Kingdom.

55 Consequential and transitional provision etc.

(1) The Welsh Ministers may by regulations—

(a) make provision that is incidental or supplementary to, or consequential on, any provision of this Act;

(b) make transitional, transitory or saving provision in connection with any provision of this Act.

(2) Regulations under subsection (1) may amend, repeal or revoke any enactment (including any provision of this Act).

56 Coming into force

(1) The following provisions come into force on the day after the day this Act receives Royal Assent—

(a) this Part, except section 49;

(b) section 1(1)(a);

(c) section 1(4), in so far as it applies to section 1(1)(a).

(2) Sections 1(5) and 5 and Schedule 1 come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent.

(3) Part 5 and Schedule 2 come into force on 1 August 2027.

(4) Section 49 and the other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(5) An order under subsection (4) may—

(a) appoint different days for different purposes;

(b) make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

57 Short title

The short title of this Act is the Welsh Language and Education (Wales) Act 2025.