Welsh Statutory Instruments
2000 No. 1980 (W. 141 )
EDUCATION, WALES
The Education (National Curriculum) (Modern Foreign Languages) (Wales) Order 2000
Made 24th July 2000
Coming into force 1st August 2000

In exercise of the powers conferred on the National Assembly for Wales by section 354(4) and (5) of the Education Act 1996, the National Assembly for Wales makes the following Order:
1996 c. 56. Section 354 is amended by the Foundation Subject (Amendment) Order 2000 (S.I. 2000/1146) which applies to England and by the Foundation Subject (Amendment) (Wales) Order 2000 (S.I. 2000/1882 (W.192)) which applies to Wales.

1. (1) This Order may be cited as the Education (National Curriculum) (Modern Foreign Languages) (Wales) Order 2000 and shall come into force on 1st August 2000.
(2) In this Order —
references to the third key stage are references to the period set out in section 355(1)(c) of the Education Act 1996; and
references to official languages of the European Community are to languages specified as official languages of the institutions of the European Community by Article 1 of EEC Council Regulation No.1 of April 15 1958.
O.J. 1958, 385; DJ 1952-58, 59. Article 1 was amended by successive Acts of Accession. At the date of this Order the official languages are Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish.
(3) This Order applies to Wales.
2. The Education (National Curriculum) (Modern Foreign Languages) Order 1991 and the Education (National Curriculum) (Modern Foreign Languages) (Amendment) Order 1994 are hereby revoked in relation to Wales.
S.I. 1991/2567. This instrument is amended in relation to England only by S.I. 1999/2214.
S.I. 1994/1818.
3. (1) Subject to paragraphs (2) and (3), for the purposes of section 354 of the Education Act 1996 (the core subjects and other foundation subjects) “modern foreign language” means any modern foreign language.
(2) A modern foreign language which is not an official language of the European Community is not a “modern foreign language” for the purposes of section 354 of the Education Act 1996 unless the condition in paragraph (3) is satisfied.
(3) That condition is that the school at which the language is taught offers all pupils in the third key stage in respect of whom there is a requirement to study a modern foreign language as a foundation subject the opportunity of studying one or more of the official languages of the European Community as a foundation subject.
4. (1) Any question whether a particular foreign language is a modern foreign language for the purposes of section 354 of the Education Act 1996 shall be determined by the National Assembly for Wales.
(2) The National Assembly for Wales may make a determination under paragraph (1) following an application by any person or on its own initiative.
Signed on behalf of the Assembly under section 66(1) of the Government of Wales Act 1998
1998 c. 38.
Jane Davidson
The Deputy Presiding Officer, of the National Assembly for Wales
24th July 2000

(This note is not part of the Order)
A “modern foreign language” is a National Curriculum foundation subject in Wales in relation to the third key stage. Those languages which are to count as modern languages for the purposes of the National Curriculum are required to be specified in an Order made by the National Assembly, or, alternatively, such an Order may provide that any modern foreign language is a modern foreign language for such purposes.
The languages specified by the Order are, in all cases, the official languages of the European Community. In addition, in the case of a school at which third key stage pupils are offered the opportunity of studying at least one official language of the European Community, the Order provides that “any” modern foreign language is a modern foreign language for the purposes of the National Curriculum. In this respect, it differs from the Education (National Curriculum) (Modern Foreign Languages) Order 1991 which it replaces in that the earlier Order specified only those modern foreign languages listed in the Order whereas the present Order specifies any modern foreign language.