Learning and Skills Act 2000

Part II E+W [F1 Further Education and Sixth Form Education: Wales]

Textual Amendments

F1 Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)

Modifications etc. (not altering text)

C1 Pt. 2 certain functions made exercisable jointly with the Welsh Ministers (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(f), 124(5); S.I. 2018/241, reg. 2(m)

F2 ... E+W

Textual Amendments

F2 S. 30 crossheading omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)

F3 30 The Council. E+W

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Textual Amendments

F3 S. 30 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)

Main duties E+W

F4 31 Education and training for persons aged 16 to 19. E+W

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

Textual Amendments

F4 Ss. 31-33 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vii)

F4 32 Education and training for persons over 19. E+W

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

Textual Amendments

F4 Ss. 31-33 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vii)

F4 33 Encouragement of education and training. E+W

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

Textual Amendments

F4 Ss. 31-33 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vii)

[F5 The local curricula E+W

Textual Amendments

F5 S. 33A and cross-heading inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 22, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(b)

33A Formation of local curricula for students aged 16 to 18 E+W

(1) [F6 The Commission] must form for the area of each local authority one or more local curricula for students who are above compulsory school age but have not attained the age of nineteen.

(2) Each local curriculum must consist of courses of study each of which—

(a) falls within a category in subsection (3) (the “learning domains”); and

(b) is from time to time selected by [F7 the Commission] to form part of that local curriculum.

(3) The learning domains are—

(a) mathematics, science and technology;

(b) business, administration and law;

(c) services for people;

(d) arts, media, culture and languages;

(e) humanities, social sciences and preparation for life and work.

(4) For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.]

Textual Amendments

F6 Words in s. 33A(1) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(3)(a) (with s. 19); W.S.I. 2026/62, art. 8(1) (with art. 8(2))

F7 Words in s. 33A(2)(b) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(3)(b) (with s. 19); W.S.I. 2026/62, art. 8(1) (with art. 8(2))

[F8 33B Local curricula: Welsh language E+W

[F9 The Commission] must exercise [F9 its] functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.]

Textual Amendments

F8 S. 33B inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 23, 49(2); S.I. 2011/97, art. 2(1)(a)

F9 Word in s. 33B substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(4) (with s. 19); W.S.I. 2026/62, art. 2(ww)(viii)

[F10 33C Areas with more than one local curriculum E+W

(1) This section applies where [F11 the Commission forms] more than one local curriculum for the area of a local authority under section 33A.

(2) In relation to each local curriculum, [F12 the Commission] must designate the maintained schools or institutions whose relevant students are to be entitled to elect under section 33E to follow courses of study included within the curriculum.]

Textual Amendments

F10 S. 33C inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 24, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(c)

F11 Words in s. 33C(1) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(5)(a) (with s. 19); W.S.I. 2026/62, art. 9(1) (with art. 9(2))

F12 Words in s. 33C(2) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(5)(b) (with s. 19); W.S.I. 2026/62, art. 9(1) (with art. 9(2))

[F13 33D Determination of a pupil's “relevant school or institution” E+W

(1) Where, during the [F14 fourth key stage] [F14 relevant period], a registered pupil of a maintained school requests that the school's head teacher determines the pupil's relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3).

[F15 (1A) The relevant period, in relation to a registered pupil of a maintained school, is the period—

(a) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and

(b) ending at the same time as the school year in which the majority of pupils in the pupil’s class cease to be of compulsory school age.]

(2) A pupil's relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil's education once he or she has ceased to be of compulsory school age.

(3) Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made.

[F16 (3A) The Welsh Ministers must consult the Commission before making regulations under subsection (3).]

(4) This section does not require any person to admit a pupil to a particular school or institution.]

Textual Amendments

F13 S. 33D inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 25, 49(2); S.I. 2011/97, art. 2(1)(b)

F14 Words in s. 33D(1) 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. 5(2)(a)

F15 S. 33D(1A) inserted (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. 5(2)(b)

F16 S. 33D(3A) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(6) (with s. 19); W.S.I. 2026/62, art. 2(ww)(ix)

[F17 33E Pupils' choices of local curriculum courses E+W

(1) A registered pupil of a maintained school has the right to elect to follow, during the period described in subsection (2) (“the entitlement period”), a course or courses of study included within the relevant local curriculum for that pupil. But this is subject to regulations made under subsection (3).

(2) The entitlement period—

(a) begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and

(b) ends on the day on which he or she attains the age of nineteen.

(3) Regulations may make provision as to the making of elections under this section, including in particular provision—

(a) specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;

(b) identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount;

(c) as to the period during which elections are to be made.

[F18 (3A) The Welsh Ministers must consult the Commission before making regulations under subsection (3).]

(4) For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means—

(a) where it has been determined under section 33D that a pupil's “relevant school or institution” is a school—

(i) where [F19 the Commission has] formed under section 33A a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or

(ii) where [F19 the Commission has] formed under section 33A more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);

(b) where it has been determined under section 33D that a pupil's “relevant school or institution” is an institution—

(i) where [F19 the Commission has] formed under section 33A a single local curriculum for the local authority area in which the institution is situated, that local curriculum; or

(ii) where [F19 the Commission has] formed under section 33A more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).]

Textual Amendments

F17 S. 33E inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 26, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(c)

F18 S. 33E(3A) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(7)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(x)

F19 Words in s. 33E(4) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(7)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(x)

[F20 33F Students' local curriculum entitlements E+W

(1) During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless—

(a) the governing body of the student's relevant school or institution [F21 was not at the beginning of the entitlement period, or subsequently ceases to be,] responsible for providing (or making arrangements for the provision of) the majority of the student's education; or

(b) before the beginning of the entitlement period, the head teacher or principal of the student's relevant school or institution has decided under section 33G that the student is not entitled to follow the course of study.

(2) Where a person is entitled to follow a course of study, it is for the head teacher or principal of the relevant school or institution to decide upon which date during the entitlement period the course is to begin.]

Textual Amendments

F20 S. 33F inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 27, 49(2); S.I. 2011/97, art. 2(2)(d)

F21 Words in s. 33F(1)(a) substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 22(2), 26(3); S.I. 2011/1951, art. 2

[F22 33G Head teacher's or principal's decision as to entitlement E+W

(1) If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that the student is not entitled to follow a course of study which the student has elected to follow under section 33E.

(2) The grounds referred to in subsection (1) are that—

(a) as a result of the student's level of educational attainment, the course of study is not suitable for him or her;

(b) as a result of other elections made by the student under section 33E(1), it is not reasonably practicable for him or her to follow the course of study;

(c) the amount of time likely to be spent travelling to the place at which the course is likely to be delivered would be detrimental to the student's education;

(d) disproportionate expenditure would be incurred if the student were to follow the course of study;

(e) the student's or another person's health or safety would be placed unacceptably at risk if the student were to follow the course of study.

(3) Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision—

(a) as to the time or date by which decisions are to be made;

(b) as to the procedure to be followed in connection with the making of decisions;

(c) for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;

(d) as to the time or date by which appeals are to be determined;

(e) as to the procedure to be followed in connection with the determination of an appeal.

(4) A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

(5) The Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (2);

(b) add additional paragraphs to that subsection;

(c) amend or omit such additional paragraphs.

[F23 (6) The Welsh Ministers must consult the Commission before making regulations under subsection (3), giving guidance under subsection (4) or making an order under subsection (5).]]

Textual Amendments

F22 S. 33G inserted (19.1.2011 for specified purposes, 14.2.2011 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 28, 49(2); S.I. 2011/97, art. 2(1)(d)(2)(e)

F23 S. 33G(6) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(8) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xi)

[F24 33H Delivery of local curriculum entitlements E+W

Where a student is entitled to follow a course of study under section 33F(1), the governing body of the student's relevant school or institution must ensure that during the entitlement period the course is made available to the student by or on behalf of the governing body.]

Textual Amendments

F24 S. 33H inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 29, 49(2); S.I. 2011/97, art. 2(2)(f)

[F25 33I Head teacher's or principal's decision to remove entitlement E+W

(1) If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that a student is no longer entitled to follow a course of study that the student was entitled to follow under section 33F.

(2) The grounds referred to in subsection (1) are that—

(a) the student's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;

(b) disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.

(3) Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—

(a) as to the procedure to be followed in connection with the making of decisions;

(b) for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;

(c) as to the effect of a decision pending determination of an appeal;

(d) as to the procedure to be followed in connection with the determination of an appeal.

(4) A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.

(5) The Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (2);

(b) add additional paragraphs to that subsection;

(c) amend or omit such additional paragraphs.

[F26 (6) The Welsh Ministers must consult the Commission before making regulations under subsection (3), giving guidance under subsection (4) or making an order under subsection (5).]]

Textual Amendments

F25 S. 33I inserted (19.1.2011 for specified purposes, 14.2.2011 in so far as not already in force) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 30, 49(2); S.I. 2011/97, art. 2(1)(e)(2)(g)

F26 S. 33I(6) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(9) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xii)

[F27 33J Planning the local curriculum E+W

(1) The following persons must assist [F28 the Commission] in planning the local curriculum or curricula for a local authority's area—

(a) the local authority;

(b) the governing body and head teacher of any maintained school maintained by the authority;

(c) the governing body and principal of an institution in the authority's area.

(2) In subsection (1), “ planning the local curriculum or curricula ” means the process by which [F29 the Commission decides] under section 33A which courses of study to include in the local curriculum or curricula.

F30 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F27 S. 33J inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 31 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(f)

F28 Words in s. 33J(1) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(10)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xiii)

F29 Words in s. 33J(2) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(10)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xiii)

F30 S. 33J(3) omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(10)(c) (with s. 19); W.S.I. 2026/62, art. 10(1) (with art. 10(2)(3))

F31 S. 33J(4) omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(10)(c) (with s. 19); W.S.I. 2026/62, art. 10(1) (with art. 10(2)(3))

[F32 33K Delivery of local curriculum entitlements: joint-working E+W

(1) The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 33A.

(2) In relation to the local curriculum or curricula for a local authority, the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section.

(3) The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into cooperation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective.

(4) The persons are—

(a) the local authority;

(b) the governing body of a secondary school maintained by the authority; and

(c) the governing body of an institution within the further education sector which is situated within the area of the authority.

(5) In this section and section 33L “co-operation arrangements” means—

(a) arrangements under which any person provides, on behalf of the governing body of a maintained school, a course of study included within the relevant local curriculum for the school;

(b) arrangements under which any person provides, on behalf of the governing body of an institution, a course of study included within the relevant local curriculum for the institution;

[F33 (ba) arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.]

F34 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this section, “relevant local curriculum” means—

(a) in relation to a maintained school—

(i) where [F35 the Commission has] formed a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or

(ii) where [F35 the Commission has] formed more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);

(b) in relation to an institution—

(i) where [F35 the Commission has] formed a single local curriculum for the local authority area in which the institution is situated, that curriculum; or

(ii) where [F35 the Commission has] formed more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).]

Textual Amendments

F32 S. 33K inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 32, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(g)

F33 S. 33K(5)(ba) inserted (16.11.2012) by Education (Wales) Measure 2011 (nawm 7), ss. 9(2)(a), 33(2); S.I. 2012/2656, art. 2

F34 S. 33K(5)(c)(d) omitted (16.11.2012) by virtue of Education (Wales) Measure 2011 (nawm 7), ss. 9(2)(b), 33(2); S.I. 2012/2656, art. 2

F35 Words in s. 33K(6) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(11) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xiv)

[F36 33L Joint-working: guidance and directions E+W

(1) A local authority, a governing body of a maintained school and the governing body of an institution must have regard to any guidance given from time to time by the Welsh Ministers as to the discharge of their duties under section 33K.

(2) Guidance given under subsection (1) may relate to the contents of co- operation arrangements.

[F37 (2A) The Welsh Ministers must consult the Commission before giving guidance under subsection (1).]

(3) [F38 A local authority and a governing body of a maintained school] must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements.

(4) A direction under subsection (3)—

(a) may require persons to enter into specified arrangements;

(b) may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);

(c) in the case of a direction to enter into specified arrangements with a person who is not mentioned in subsection (1), must not be given unless that person consents to the direction.]

Textual Amendments

F36 S. 33L inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 33 , 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97 , art. 2(1)(h)

F37 S. 33L(2A) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(12) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xv)

F38 Words in s. 33L(3) substituted (1.9.2014) by Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 6(2), 11(2); S.I. 2014/1706, art. 3(f)

[F39 33M Power to amend learning domains E+W

[F40 (1)] The Welsh Ministers may by order—

(a) amend or omit any paragraph of subsection (3) of section 33A;

(b) add additional paragraphs to that subsection;

(c) amend or omit such additional paragraphs.

[F41 (2) The Welsh Ministers must consult the Commission before making an order under subsection (1).]]

Textual Amendments

F39 S. 33M inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , ss. 34 , 49(2); S.I. 2011/97, art. 2(1)(i)

F40 S. 33M renumbered as s. 33M(1) (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(13) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xvi)

F41 S. 33M(2) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(13) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xvi)

[F42 33N The local curriculum: interpretation E+W

(1) In sections 33A to [F43 33M]—

• [F44 “academic year” means the period beginning on the fourth Monday of September in any year and ending on the first day of September in the following year;]

• [F45 “the Commission” means the Commission for Tertiary Education and Research;]

• [F46 “course of study” means a course of education or training that—

  (a)

  leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or

  (b)

  is designated by the Welsh Ministers under section 34(8) of that Act;]

• [F47 “fourth key stage” is to be construed in accordance with section 103 of the Education Act 2002;]

• “entitlement period” means the period described in section 33E(2);

• “institution” means an institution within the further education sector in Wales unless the institution provides education wholly or mainly for persons with [F48 a learning difficulty (within the meaning of section 41);] [F48 additional learning needs (within the meaning given by the Additional Learning Needs and Education Tribunal (Wales) Act 2018);]

• “local curriculum” and “local curricula” are to be construed in accordance with section 33A;

• “local authority” means a local authority in Wales;

• “ maintained school ” means a community, foundation or voluntary school maintained by a local authority in Wales provided that it is also a secondary school;

• “principal”, in relation to an institution, means the principal or other head of the institution;

• “regulations” means regulations made by the Welsh Ministers;

• “relevant school or institution”, in relation to a person, is to be construed in accordance with section 33D;

• “relevant student”, in relation to a maintained school or institution, means a student for whom the school or institution is his or her relevant school or institution;

• “student” means a person who has made an election under section 33E.

(2) Unless the context otherwise requires, an expression used in sections 33A to 33N, 33P and 33Q and also the Education Act 1996 is to bear for the purposes of those sections the meaning given to it for the purposes of that Act.]

Textual Amendments

F42 S. 33N inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 35, 49(2); S.I. 2011/97, art. 2(1)(k)

F43 Word in s. 33N(1) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(14)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xvii)

F44 Words in s. 33N(1) substituted (1.9.2011) by Education (Wales) Measure 2009 (nawm 5), ss. 22(3), 26(3); S.I. 2011/1951, art. 2

F45 Words in s. 33N(1) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(14)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xvii)

F46 Words in s. 33N(1) substituted (1.5.2016) by The Qualifications Wales Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/236), regs. 1, 2

F47 Words in s. 33N(1) omitted (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 virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 5(3)

F48 Words in s. 33N substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 8(2); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

[F49 33O Local curriculum: directions E+W

Any direction given by the Welsh Ministers under sections 33A(4) F50 ... and 33L(3) may be varied or revoked by a further direction.]

Textual Amendments

F49 S. 33O inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 36, 49(2); S.I. 2011/97, art. 2(1)(k)

F50 Word in s. 33O omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(15) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xviii)

[F51 33P Application of local curriculum provisions to students who are registered pupils of special schools or who have [F52 learning difficulties] [F52 additional learning needs] E+W

(1) Regulations [F53 made by the Welsh Ministers] may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person who falls, or is likely to fall, within subsection (3).

(2) The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.

(3) A person falls within this subsection if he or she—

(a) is above compulsory school age; and

(b) either—

(i) a registered pupil of a community F54 ... special school which is maintained by a local authority in Wales and is not established in a hospital; or

(ii) receiving the majority of his or her education at an institution which provides education wholly or mainly for persons with [F55 a learning difficulty] [F55 additional learning needs] (within the meaning of section 41).

[F56 (4) The Welsh Ministers must consult the Commission for Tertiary Education and Research before making regulations under subsection (1).]]

Textual Amendments

F51 S. 33P inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 37, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(1)(l)

F52 Words in s. 33P heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 8(3)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F53 Words in s. 33P(1) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(16)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xix)

F54 Words in s. 33P(3)(b)(i) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 20(2); S.I. 2013/1800, art. 3(j)

F55 Words in s. 33P(3)(b)(ii) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 8(3)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F56 S. 33P(4) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(16)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xix)

[F57 33Q Application of local curriculum provisions to institutions within the higher education sector E+W

(1) Regulations [F58 made by the Welsh Ministers] may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in relation to an institution, or institutions, within the higher education sector in Wales as those provisions apply in relation to an institution within the further education sector in Wales.

(2) The regulations may also apply those provisions in relation to the principal or governing body of an institution within the higher education sector in Wales (or to persons with functions that are similar to those of a principal or governing body) as they apply in relation to the principal or governing body of an institution within the further education sector in Wales.

(3) The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.

[F59 (4) The Welsh Ministers must consult the Commission for Tertiary Education and Research before making regulations under subsection (1).]]

Textual Amendments

F57 S. 33Q inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1) , ss. 38 , 49(2); S.I. 2011/97, art. 2(1)(m)

F58 Words in s. 33Q(1) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(17)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xx)

F59 S. 33Q(4) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(17)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xx)

Main powers E+W

F60 34 Provision of financial resources. E+W

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

Textual Amendments

F60 Ss. 34-38 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(18) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxi)

F60 35 Financial resources: conditions. E+W

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

Textual Amendments

F60 Ss. 34-38 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(18) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxi)

F60 36 Funding of school sixth-forms. E+W

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

Textual Amendments

F60 Ss. 34-38 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(18) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxi)

F60 37 Assessments and means tests. E+W

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

Textual Amendments

F60 Ss. 34-38 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(18) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxi)

F60 38 Qualifying accounts and arrangements. E+W

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

Textual Amendments

F60 Ss. 34-38 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(18) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxi)

F61 39 Further education: governors. E+W

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

Textual Amendments

F61 S. 39 omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), s. 11(2), Sch. 2 para. 2(a); S.I. 2014/1706, art. 3(h)

Other functions E+W

40 Research and information. E+W

F62 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The [F63 Welsh Ministers] must establish systems for collecting information which is designed to secure that [F64 their decisions] with regard to education and training are made on a sound basis.

(6) The [F63 Welsh Ministers] may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

Textual Amendments

F62 S. 40(1)-(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 60(a) (with art. 7)

F63 Words in s. 40 substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. paras. 2, 3; S.I. 2011/97, art. 2(1)(p)

F64 Words in s. 40(5) substituted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), s. 49(2), Sch. para. 9; S.I. 2011/97, art. 2(1)(p)

Commencement Information

I1 S. 40 not in force at Royal Assent see s. 154; s. 40 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

F66 41 Persons with [F65 learning difficulties] [F65 additional learning needs]. E+W

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

Textual Amendments

F65 Words in s. 41 heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 50(4)(a), 100(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F66 S. 41 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(20) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxii)

F67 42 Equality of opportunity. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 43 Plans. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 44 Strategy. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 45 Use of information by Council. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 46 Supplementary functions. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

Miscellaneous E+W

F67 47 Directions. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 48 Committees. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 49 Grants to Council. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 50 Annual report. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 51 Council’s financial year. E+W

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

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)