C1PART 2CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION
CHAPTER 4CURRICULUM IMPLEMENTATION: EXCEPTIONS
I1I243Temporary exceptions for individual pupils and children: supplementary
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.
Pt. 2 modified (temp.) (13.6.2022) by The Curriculum and Assessment (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2022 (S.I. 2022/652), art. 2