The Learning and Skills (Wales) Measure 2009 (Commencement No 2) Order 2011

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 19 January 2011 and 14 February 2011 various provisions of the Learning and Skills (Wales) Measure 2009 specified in article 2 of the Order.

The provisions of the Measure brought into force on 19 January 2011 are as follows:

• Section 23 inserts section 33B into the Learning and Skills Act 2000 (“the 2000 Act”) which requires the Welsh Ministers to promote access to and availability of courses of study taught through the medium of Welsh.

• Section 25 inserts section 33D into the 2000 Act which requires a head teacher at a school to determine a pupil’s relevant school or institution if requested to do so.

• Section 26 inserts section 33E into the 2000 Act which gives a registered pupil of a maintained school the right to elect to follow a course or courses of study included in a local curriculum.

• Section 28 (which is commenced for the purpose of making regulations) inserts section 33G into the 2000 Act which makes provision for a head teacher or principal to decide that a student is not entitled to follow a particular course or courses of study.

• Section 30 (which is commenced for the purpose of making regulations) inserts section 33I into the 2000 Act which makes provision for a head teacher or principal to decide that a student is no longer entitled to follow a course of study.

• Section 31 inserts section 33J into the 2000 Act. This requires local authorities, governing bodies and head teachers of secondary schools, governing bodies and principals of further education institutions to assist the Welsh Ministers in planning the local curricula.

• Section 32 inserts section 33K into the 2000 Act which makes provision in relation to maximising the availability of courses of study included in a local curriculum.

• Section 33 inserts section 33L into the 2000 Act which makes provision in relation to the joint-working obligations imposed by section 33K of the 2000 Act.

• Section 34 inserts section 33M into the 2000 Act. This allows Welsh Ministers to amend section 33A(3) of the 2000 Act.

• Section 35 inserts section 33N into the 2000 Act. This contains definitions.

• Section 36 inserts section 33O into the 2000 Act and makes provision about directions.

• Section 37 inserts section 33P into the 2000 Act so as to allow regulations to apply the local curriculum provisions to special schools.

• Section 38 inserts section 33Q into the 2000 Act so as to allow regulations to apply the local curriculum provisions to higher education institutions.

• Section 39 amends section 152 of the 2000 Act in relation to the procedure for making regulations and orders.

• Section 47 and paragraphs 1 to 10 of the Schedule contain minor and consequential amendments.

The provisions of the Measure brought into force on 14 February 2011 are as follows:

• Section 21 amends section 31 of the 2000 Act so that the general duties on Welsh Ministers in relation to further education apply in relation to the local curriculum.

• Section 22 inserts section 33A into the 2000 Act which requires the Welsh Ministers to form at least one local curriculum in respect of each local authority area for students who are above compulsory school age but have not attained the age of 19.

• Section 24 inserts section 33C into the 2000 Act which makes provision in relation to the formation of more than one local curriculum for a local authority area.

• Section 27 inserts section 33F into the 2000 Act which makes provision as to a student’s entitlement to follow a chosen course of study.

• Section 28 is commenced in so far as not already commenced by this Order.

• Section 29 inserts section 33H into the 2000 Act which imposes a duty on the governing body of a school or institution to deliver local curriculum entitlements.

• Section 30 is commenced in so far as not already commenced by this Order.