The Learning and Skills (Wales) Measure 2009 (“the Measure”) inserted new provisions into Part 2 of the Learning and Skills Act 2000 (“the 2000 Act”). Part 2 of the 2000 Act concerns school sixth forms and further education institutions in Wales. As a result of Part 2 of the Measure the curriculum in school sixth forms and institutions in the further education sector in Wales, are expanded to include the local curriculum entitlements of pupils who have ceased to be of compulsory school age, but who have not yet attained the age of 19. These Regulations make provision as to the elections a student may make, the head teacher’s or principal’s decision as to entitlement, the determination of a pupil’s relevant school or institution and the head teacher’s or principal’s decision to remove an entitlement.

Regulation 3 provides that a request by a pupil for a determination by a head teacher of their relevant school or institution must be made within 15 working days of the start of the spring term. Regulation 3 further provides that a head teacher must make the determination within 5 working days following the head teacher receiving notice of the pupil’s request for such a determination.

Regulation 4 provides that a pupil may not elect to follow a course or courses of study if the aggregate points of such course or courses exceed 200. Such election must be made during the spring term in the year preceding that which the pupil ceases to be of compulsory school age (regulation 5).

Regulation 6 provides for the procedure to be followed by the head teacher or principal when he or she determines, pursuant to section 33G(1) of the 2000 Act, whether the student is entitled to follow a course or courses of study. Regulation 6 also provides for the procedure to be followed if a student wishes to request the head teacher or a principal to review his or her determination under section 33G(1) of the 2000 Act.

Regulation 7 provides for the procedure to be followed by the head teacher or principal when he or she determines, pursuant to section 33I(1) of the 2000 Act, whether the student is no longer entitled to follow a course or courses of study. Regulation 7 also provides for the procedure to be followed if a student wishes to request the head teacher or principal to review his or her determination under section 33I(1) of the 2000 Act.

Regulation 8 makes provision for determining the time limits for notices under these Regulations.