Curriculum and Assessment (Wales) Act 2021

43 Temporary exceptions for individual pupils and children: supplementary E+W

(1) This section makes further provision about regulations made under section 42.

(2) The regulations must not allow a determination to be made under the regulations on the grounds that a pupil or child has, or may have, additional learning needs (see, instead, section 41).

(3) The regulations must specify that that the operative period of a determination made under the regulations is either—

(a) a fixed period specified in the determination that does not exceed 6 months, or

(b) a period that must be brought to an end (in accordance with the regulations) no later than 6 months from its beginning.

(4) But the regulations may specify a different operative period for a determination if that operative period is to begin—

(a) immediately after the end of the operative period of a previous determination, or

(b) before the end of a period, specified in the regulations, that begins with the end of the operative period of a previous determination.

(5) The regulations may enable a person who makes a determination under the regulations—

(a) to vary the determination, except in relation to its operative period, or

(b) to revoke the determination.

(6) The regulations may specify—

(a) cases or circumstances in which a determination made under the regulations may be varied or revoked;

(b) conditions which must be met before a determination made under the regulations may be varied or revoked.

(7) In this section, the “operative period” of a determination means the period for which the determination has effect.

Commencement Information

I1 S. 43 in force at 14.6.2022 for specified purposes by S.I. 2022/652, art. 3(a)

I2 S. 43 in force at 1.9.2022 in so far as not already in force by S.I. 2022/652, art. 4(b)