The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 2) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Curriculum and Assessment (Wales) Act 2021 (“the 2021 Act”) establishes a new legal framework for a curriculum and makes provision about assessment for pupils and children in Wales (“the CfW”). Section 74(1) of the 2021 Act provides that the Welsh Ministers may make consequential amendments in relation to that Act in order to give it full effect. Section 75(1)(b) of the 2021 Act also provides that the Welsh Ministers may make different provision for different purposes.

The CfW will become mandatory for the year groups in schools and other settings as follows—

(a) on 1 September 2022 for—

(i) pupils and children for whom nursery education is provided,

(ii) pupils in their reception year,

(iii) pupils in years 1 to 6 who are provided with a relevant curriculum in accordance with the 2021 Act, and

(iv) pupils in year 7 at a maintained school where the head teacher and governing body have adopted a relevant curriculum under Part 2 of the 2021 Act,

(b) on 1 September 2023 for pupils in years 7 or 8,

(c) on 1 September 2023 for pupils in year 8,

(d) on 1 September 2024 for pupils in year 9,

(e) on 1 September 2025 for pupils in year 10, and

(f) on 1 September 2026 for pupils in year 11.

As part of the consequential amendments made by these Regulations, several statutory instruments are revoked as they are no longer required due to the new arrangements made under the 2021 Act. Some are gradually disapplied in line with the introduction of the new curriculum arrangements before being revoked, while others are revoked. The list of statutory instruments revoked by these Regulations comprises of—

(a) the Education (Disapplication of the National Curriculum at Key Stage 1) (Wales) Regulations 2005,

(b) the Education (National Curriculum for Wales) (Disapplication of Science at Key Stage 4) Regulations 2006,

(c) the Education (National Curriculum) (Attainment Targets and Programmes of Study) (Wales) Order 2008,

(d) the Education (Disapplication of the National Curriculum for Wales at Key Stage 1) (Wales) Regulations 2008,

(e) the Education (Local Curriculum for Pupils in Key Stage 4) (Wales) Regulations 2009,

(f) the National Curriculum (Educational Programmes for the Foundation Phase and Programmes of Study for the Second and Third Key Stages) (Wales) Order 2013,

(g) the Education (Local Curriculum for Pupils in Key Stage 4) (Wales) (Amendment) Regulations 2014,

(h) the Education (National Curriculum) (Foundation Phase) (Wales) Order 2014,

(i) the Education (National Curriculum) (Attainment Targets and Programmes of Study) (Wales) (Amendment) Order 2015, and

(j) the Education (Amendments Relating to Teacher Assessment Information) (Wales) Regulations 2018.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.