Part V Supervision of curriculum for schools and external qualifications

Chapter IIF1Functions of the National Assembly for Wales

F2...

F327 The Qualifications, Curriculum and Assessment Authority for Wales.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of the F4National Assembly for Wales

F528 General function of F6National Assembly for Wales to advance education and training.

(1)

The functions conferred on the F7National Assembly for Wales by this Part shall be exercised by F8the National Assembly for Wales for the purpose of advancing education and training in Wales.

(2)

F9The National Assembly for Wales shall exercise F10its functions under this Part with a view to promoting quality and coherence in education and training in relation to which F11it has functions under this Part.

F1229 Functions of the F13National Assembly for Wales in relation to curriculum and assessment.

(1)

F14The National Assembly for Wales shall have the functions set out in subsection (2) F15 with respect to—

(a)

pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

(b)

pupils at maintained nursery schools in Wales, and

(c)

children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.

(2)

The functions are—

(a)

to keep under review all aspects of the curriculum for F16maintained schools or maintained nursery schools and all aspects of school examinations and assessment;

F17(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e)

to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F19...

(f)

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(2A)

In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.

(3)

The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are F21under compulsory school age.

(4)

The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

(a)

if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b)

any other function which may be conferred on the Authority by the Secretary of State.

F22(5)

In this section—

“assessment” includes examination and test;

“funded nursery education” has the meaning given by section 98 of the Education Act 2002;

“maintained school” means—

(a)

any community, foundation or voluntary school, and

(b)

any community F23... special school.

(6)

In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community F24... special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.

F25(7)

In this section references to ”school examinations and assessment” do not include examinations taken or assessments carried out for the purpose of the award of a qualification within the meaning of section 56 of the Qualifications Wales Act 2015.

F2830 Functions of the F26National Assembly for Wales in relation to F27relevant qualifications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2931 Other functions of the Authority.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3032 Supplementary provisions relating to discharge by F31the National Assembly for Wales of its functions.

(1)

In carrying out F32its functions under this Part F33the National Assembly for Wales shall—

F34(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

so far as relevant, have regard to—

(i)

the requirements of F36section 99 of the Education Act 2002 (general duties in respect of curriculum),

(ii)

the F37reasonable requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

F38(iii)

the reasonable requirements of persons with learning difficulties.

(2)

In carrying out those functions F39the National Assembly for Wales shall in addition have regard to information supplied F40to it by F41Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru or by any body designated by the Secretary of State for the purposes of this section.

F42(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(6)

In this section “persons with learning difficulties” means—

(a)

children with F48additional learning needs (as defined in section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018), and

(b)

other persons who—

(i)

have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii)

have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(7)

But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

F50F4932ZAQualifications functions of Welsh Ministers: co-operation and joint working etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50F5132A Power of Welsh Ministers to give directions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50F5232AAPower of Welsh Ministers to impose monetary penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5032ABMonetary penalties: amount

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5032ACMonetary penalties: appeals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5032ADMonetary penalties: interest and recovery

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50F5332BPower of Welsh Ministers to withdraw recognition

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50F5432BACosts recovery

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5032BBCosts recovery: appeals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5032BCCosts: interest and recovery

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50F5332CSurrender of recognition

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .