Part VII

Careers education and guidance

Provision of careers education in schools in WalesProvision of careers education for certain persons: Wales
43
1
All registered pupils at a school
in Wales
to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.
2
This section applies to—
a
community, foundation and voluntary schools;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
community
... special schools (other than those established in hospitals);
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and
e
pupil referral units.
2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
It is the duty of each of the following to secure that subsection (1)
... is complied with, namely—
a
in the case of a school falling within subsection (2)(a) to (c), the governing body of the school and its head teacher,
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , and
c
in the case of a pupil referral unit, the
local authority
maintaining the unit and the teacher in charge of it.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
For the purposes of this section the relevant phase of a pupil’s education is the period—
a
beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and
b
ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.
6
In this section—
- “
career
” includes the undertaking of any training, employment or occupation or any course of education;
- “
careers education
” means education designed to prepare persons for taking decisions about their careers and to help them
implement such decisions;
- “
class
”, in relation to a pupil, means—
  1. the teaching group in which the pupil is regularly taught, or
  2. if the pupil is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
A programme of careers education must be provided for—
a
each pupil who—
i
is a registered pupil at a school in Wales listed in subsection (2), and
ii
is of compulsory school age, or over compulsory school age, but under the age of 19;
b
each person who—
i
is attending an institution in Wales within the further education sector (whether full or part time), and
ii
is of compulsory school age, or over compulsory school age but under the age of 19;
c
each child or young person for whom arrangements are made under section 19A of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere: Wales).
2
The schools are—
a
community, foundation and voluntary schools;
b
community special schools (other than those established in hospitals).
3
The following persons must secure that subsection (1) is complied with—
a
in the case of a pupil falling within subsection (1)(a), the head teacher of the school;
b
in the case of a person falling within subsection (1)(b), the principal or other head of the institution;
c
in the case of a child or young person falling within subsection (1)(c)—
i
the local authority that makes the arrangements, and
ii
where the arrangements include the provision of education at a pupil referral unit maintained by a local authority in Wales, the teacher in charge of the unit.
4
In this section—
- “
career
” includes the undertaking of any training, employment or occupation or any course of education;
- “
careers education
” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions.
Ss. 43, 44 modified (1.8.2001) by S.I. 2001/1987, reg. 2
S. 43: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928) art. 3, {Sch. 3(k)}
S. 43(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 217(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
S. 43(2)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 217(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
S. 43(2)(c) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 217(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
S. 43 extended (E.) (1.9.2004) by Education (Extension of Careers Education) (England) Regulations 2003 (S.I. 2003/2645), regs. 1(1), 2
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 8(2)
Words in s. 43 heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(3)(g), 82(3); S.I. 2012/1087, art. 3
S. 43(2)(d) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(b), 82(3); S.I. 2012/1087, art. 3
S. 43(2A)(2B) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(c), 82(3); S.I. 2012/1087, art. 3
Words in s. 43(3) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(d)(i), 82(3); S.I. 2012/1087, art. 3
Words in s. 43(6) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(f)(ii), 82(3); S.I. 2012/1087, art. 3
Words in s. 43(1) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(3)(a), 82(3); S.I. 2012/1087, art. 3
S. 43(3)(b) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(d)(ii), 82(3); S.I. 2012/1087, art. 3
S. 43(4) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(e), 82(3); S.I. 2012/1087, art. 3
Words in s. 43(2)(c) omitted (W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 18(3); S.I. 2013/1800, art. 3(j)
S. 43: power to modify conferred (temp.) (W.) by Coronavirus Act 2020 (c. 7), Sch. 17 para. 7 (as amended (26.8.2020) by The Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/891), regs. 1(2), 2(2))
Words in s. 43(6) substituted (1.9.2022) by Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 2(1), 3(2); S.I. 2022/724, reg. 2
S. 43 substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(7)