Education Act 2002 (c. 32)

(The document as of February, 2008)

-- Back --

Page 7

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20

(3) The following are the other foundation subjects for the first, second and third key stages--

(a) technology,

(b) physical education,

(d) geography,

(e) art,

(f) music,

(g) Welsh, if the school is not a Welsh-speaking school, and

(h) in relation to the third key stage, a modern foreign language.

(4) In this section "modern foreign language" means a modern foreign language specified in an order made by the National Assembly for Wales or, if the order so provides, any modern foreign language.

(5) An order under subsection (4) may--

(a) specify circumstances in which a language is not to be treated as a foundation subject for the third key stage, and

(b) provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

(6) The National Assembly for Wales may by order amend subsections (2) to (5).

(7) For the purposes of this section a school is Welsh-speaking if more than one half of the following subjects are taught (wholly or partly) in Welsh--

(a) religious education, and

(b) the subjects other than English and Welsh which are foundation subjects in relation to pupils at the school.

(8) In this section "school" includes part of a school.

106 Curriculum requirements for fourth key stage

(1) For the fourth key stage, the National Curriculum for Wales shall comprise the core and other foundation subjects and specify attainment targets, programmes of study and assessment arrangements in relation to each of them.

(2) The following are the core subjects for the fourth key stage--

(a) mathematics,

(b) English,

(d) in relation to Welsh-speaking schools, Welsh.

(3) The following are the other foundation subjects for the fourth key stage--

(a) physical education, and

(b) Welsh, if the school is not a Welsh-speaking school.

(4) For the purposes of this section a school is Welsh-speaking if more than one half of the following subjects are taught (wholly or partly) in Welsh--

(a) religious education, and

(b) the subjects other than English and Welsh which are foundation subjects in relation to pupils at the school.

(5) In this section "school" includes part of a school.

107 Power to alter or remove requirements for fourth key stage

The National Assembly for Wales may by order--

(a) amend any provision of section 106, or

(b) provide that, while the order remains in force, that section is not to have effect.

108 Establishment of the National Curriculum for Wales by order

(1) The National Assembly for Wales shall so exercise the powers conferred by subsections (2) and (3) as to--

(a) establish a complete National Curriculum for Wales for the foundation stage as soon as is reasonably practicable, and

(b) revise the National Curriculum for Wales for the foundation stage and the key stages whenever the Assembly considers it necessary or expedient to do so.

(2) In respect of the foundation stage, the National Assembly for Wales--

(a) shall by order specify the areas of learning, and

(b) may by order specify in relation to each of those areas--

(i) such desirable outcomes,

(ii) such educational programmes, and

(iii) such assessment arrangements,

as the Assembly considers appropriate for that area.

(3) In respect of the first, second and third key stages and (subject to section 107) the fourth key stage, the National Assembly for Wales may by order specify in relation to each of the foundation subjects--

(a) such attainment targets,

(b) such programmes of study, and

as the Assembly considers appropriate for that subject.

(4) An order under subsection (2) or (3) may not require--

(a) the allocation of any particular period or periods of time during the foundation stage or any key stage to the teaching of any educational programme or programme of study or any matter, skill or process forming part of it, or

(b) the making in school timetables (or the timetables of any person providing funded nursery education) of provision of any particular kind for the periods to be allocated to such teaching during any such stage.

(5) An order under subsection (2) or (3) may, instead of containing the provisions to be made, refer to provisions in a document published as specified in the order and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

(6) An order under subsection (2)(b)(iii) may confer or impose such functions on--

(a) the governing body and head teacher of a maintained school or a maintained nursery school,

(b) a person providing funded nursery education under the arrangements mentioned in section 98(2)(b),

(d) a local education authority,

as appear to the National Assembly for Wales to be required.

(7) An order under subsection (3)(c) may confer or impose such functions on--

(a) the governing body and head teacher, and

(b) the local education authority,

as appear to the National Assembly for Wales to be required.

(8) An order under subsection (2)(b)(iii) or (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.

(9) Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and any such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.

(10) The duties that may be imposed by virtue of subsection (6) or (7) include, in relation to persons exercising any power in pursuance of provision made by virtue of subsection (9), the duty to permit them--

(a) to enter premises of the school or, as the case may be, premises on which the funded nursery education is being provided,

(b) to observe implementation of the arrangements, and

(11) An order under subsection (2)(b)(iii) or (3)(c) may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provision conferring or imposing functions as mentioned in subsection (6) or (7)) as appear to the National Assembly for Wales to be expedient; and any provisions made under such an order shall, on being published as specified in the order, have effect for the purposes of this Part as if made by the order.

109 Implementation of the National Curriculum for Wales in schools

In relation to any maintained school and any school year--

(a) the local education authority and the governing body shall exercise their functions with a view to securing, and

(b) the head teacher shall secure,

that the National Curriculum for Wales as subsisting at the beginning of that year is implemented.

110 Implementation in respect of nursery schools etc.

(1) In relation to any maintained nursery school and any school year--

(a) the local education authority and the governing body shall exercise their functions with a view to securing, and

(b) the head teacher shall secure,

that the National Curriculum for Wales as subsisting at the beginning of that year (so far as it relates to the foundation stage) is implemented.

(2) In relation to any school year, any person providing funded nursery education under the arrangements mentioned in section 98(2)(b) shall secure that the National Curriculum for Wales as subsisting at the beginning of that year is implemented (so far as it relates to the foundation stage) in respect of the pupils for whom the funded nursery education is provided.

(3) The local education authority with whom the arrangements mentioned in section 98(2)(b) are made and the early years development and childcare partnership for the area of the authority shall exercise their respective functions with a view to securing that any person (other than the governing body of a maintained school or maintained nursery school) who provides funded nursery education complies with the obligation imposed by subsection (2).

The National Curriculum for Wales: special cases

111 Development work and experiments

(1) For the purpose of enabling development work or experiments to be carried out, the National Assembly for Wales may direct in respect of a particular maintained school or maintained nursery school that, for such period as may be specified in the direction, the National Curriculum for Wales--

(a) shall not apply, or

(b) shall apply with such modifications as may be specified in the direction.

(2) A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.

(3) In the case of a community, voluntary controlled or community special school or a maintained nursery school, a direction shall not be given under subsection (1) except on an application--

(a) by the governing body with the agreement of the local education authority,

(b) by the local education authority with the agreement of the governing body, or

(c) by the Qualifications, Curriculum and Assessment Authority for Wales with the agreement of both the local education authority and the governing body.

(4) In the case of a foundation, voluntary aided or foundation special school, a direction shall not be given under subsection (1) except on an application by the governing body or by the Qualifications, Curriculum and Assessment Authority for Wales with the agreement of the governing body.

(5) The National Assembly for Wales may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report to the Assembly on any matters specified by it.

(6) The National Assembly for Wales may by a direction under this subsection vary or revoke a direction under subsection (1).

112 Exceptions by regulations

Regulations may provide that the National Curriculum for Wales, or such of the provisions of the National Curriculum for Wales as may be specified in the regulations--

(a) shall not apply, or

(b) shall apply with such modifications as may be specified in the regulations,

in such cases or circumstances as may be specified in the regulations.

113 Pupils with statements of special educational needs

The special educational provision for any pupil specified in a statement under section 324 of the Education Act 1996 (c. 56) of his special educational needs may include provision--

(a) excluding the application of the National Curriculum for Wales, or

(b) applying the National Curriculum for Wales with such modifications as may be specified in the statement.

114 Temporary exceptions for individual pupils

(1) Regulations may enable the head teacher of a maintained school or maintained nursery school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the "operative period" of the direction), the National Curriculum for Wales--

(a) shall not apply, or

(b) shall apply with such modifications as may be specified in the direction.

(2) The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.

(3) Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either--

(a) a fixed period not exceeding six months, or

(b) a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.

(4) Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning--

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

(b) within such period after the end of the operative period of a previous direction as may be specified in the regulations.

(5) The regulations may enable the head teacher of a maintained school or maintained nursery school, in such cases or circumstances and subject to such conditions as may be prescribed--

(a) to revoke any direction given by him under the regulations, and

(b) to vary such a direction, except so as to extend its operative period.

(6) Before making any regulations under this section, the National Assembly for Wales shall consult with any persons with whom consultation appears to it to be desirable.

115 Information concerning directions under section 114

(1) Where a head teacher gives or varies a direction under regulations made under section 114, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)--

(a) to the governing body, and

(b) to the local education authority by whom the school is maintained,

and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.

(2) That information is--

(a) the fact that he has taken the action in question, its effect and his reasons for taking it,

(b) the provision that is being or is to be made for the pupil's education during the operative period of the direction, and

(c) either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for Wales in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).

(3) That opinion is that the pupil has or probably has special educational needs by virtue of which the responsible authority would be required to determine the special educational provision that should be made for him (whether initially or on a review of any statement of his special educational needs which the authority are for the time being required under section 324 of the Education Act 1996 (c. 56) to maintain).

(4) Where--

(a) the head teacher of a maintained school or maintained nursery school includes an indication of any such opinion in information given under subsection (1), and

(b) the local education authority by whom the school is maintained are not the responsible authority in relation to the pupil in question,

the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.

(5) Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall consider whether any action on their part is required in the case of the pupil concerned under section 323 of the Education Act 1996 (c. 56) (assessment of special educational needs).

(6) In this section "the responsible authority", in relation to a pupil, means the local education authority responsible for him for the purposes of Part 4 of the Education Act 1996.

116 Appeals against directions under section 114 etc.

(1) Where a head teacher--

(a) gives, revokes or varies a direction under regulations made under section 114,

(b) refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

(c) following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the governing body.

(2) On such an appeal, the governing body may--

(a) confirm the head teacher's action, or

(b) direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

(3) The head teacher shall comply with any directions of the governing body given under subsection (2)(b).

(4) The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.

Supplementary provisions

117 Procedure for making certain orders and regulations

Where the National Assembly for Wales proposes to make--

(a) an order under section 103(4), 105(6), 108(2)(a) or (b)(i) or (ii) or (3)(a) or (b), or

(b) regulations under section 112,

the Assembly shall make such arrangements for consultation about the proposals as the Assembly considers appropriate.

118 Programmes of research etc in relation to Wales

The National Assembly for Wales may incur expenses in connection with the commissioning by the Assembly of such work, including programmes of research, development and dissemination, as it may require to be carried out for the purpose of facilitating the discharge of any of the Assembly's functions under sections 102 to 108.

Part 8 Teachers

Teachers' pay and conditions

119 School Teachers' Review Body

(1) The body established under section 1 of the School Teachers' Pay and Conditions Act 1991 (c. 49) (review body)--

(a) shall continue to exist, and

(b) shall be known as the School Teachers' Review Body.

(2) The Prime Minister shall appoint the chairman of the Review Body.

(3) The Secretary of State shall appoint other members of the Review Body.

(4) Schedule 11 (which makes provision about the Review Body) shall have effect.

120 Review Body: function

(1) The School Teachers' Review Body shall consider any matter which is referred to them by the Secretary of State and which relates to--

(a) the remuneration of school teachers, or

(b) other conditions of employment of school teachers which relate to their professional duties or working time.

(2) In subsection (1) "school teacher" means a person who is a school teacher for the purposes of the Secretary of State's power under section 122 to make orders about remuneration and other conditions of employment.

(3) Following consideration of a matter under subsection (1) the Review Body shall report to the Prime Minister and the Secretary of State in accordance with any direction of the Secretary of State about--

(a) a consideration to which they are to have particular regard,

(b) matter on which they are to make a recommendation, or

(4) Where the Prime Minister and the Secretary of State receive a report under subsection (3) they shall arrange for it to be published.

(5) A direction under subsection (3) may be varied or revoked.

121 Consultation by Review Body

(1) Before reporting on a matter referred to them under section 120(1) the School Teachers' Review Body shall--

(a) notify each relevant body,

(b) give each relevant body an opportunity to submit evidence and make representations, and

(2) In relation to a matter referred to the Review Body "relevant body" means such of the following as appear to the Review Body to be appropriate to consult about the matter--

(a) associations of local education authorities,

(b) local education authorities,

(d) bodies representing the interests of teachers.

(3) The Review Body may--

(a) determine the manner in which each relevant body is permitted to submit evidence or make representations, and

(b) may make different determinations in respect of different relevant bodies.

122 Power to prescribe pay and conditions

(1) The Secretary of State may by order make provision for the determination of--

(a) the remuneration of school teachers;

(b) other conditions of employment of school teachers which relate to their professional duties or working time.

(2) Where an order under this section applies to a school teacher--

(a) his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,

(b) a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and

(c) a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.

(3) A person is a school teacher for the purposes of this section if--

(a) he is a qualified teacher,

(b) he provides primary or secondary education under a contract of employment or for services,

(c) the other party to the contract is a local education authority or the governing body of a foundation, voluntary aided or foundation special school, and

(d) the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).

(4) A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a local education authority.

(5) A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and--

(a) he possesses a prescribed qualification,

(b) he provides education of a prescribed kind or in prescribed circumstances (or both),

(c) he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,

(d) he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or

(e) he is within a prescribed class of persons awaiting the award of a qualification.

(6) A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.

(7) In the application of subsection (2)--

(a) it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher's remuneration,

(b) it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher's employer for some or all purposes by virtue of an enactment, and

(c) in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.

(8) In this section "prescribed" means prescribed by an order under this section.

123 Order under section 122: scope

(1) An order under section 122 may, in particular--

(a) confer discretion on a local education authority or a governing body;

(b) confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;

(c) require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;

(d) make provision for the determination of a teacher's remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;

(e) make provision for a right of appeal specified by or determined in accordance with the order;

(f) limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;

(g) set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;

(h) set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;

(i) provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;

(j) provide for the determination of a question of the interpretation or application of a provision of the order.

(2) Provision under subsection (1)(e) or (j) may--

(a) confer jurisdiction on a court, tribunal, person or body;

(b) provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and local education authorities or teachers and governing bodies.

(3) An order under section 122 may make retrospective provision, but not so as to--

(a) reduce remuneration in respect of a period wholly or partly before the making of the order, or

(b) alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.

(4) The Secretary of State may by order provide--

(a) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);

(b) that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;

(c) that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.

124 Order under section 122: supplemental

(1) An order under section 122 may--

(a) make provision which applies generally or only in a specified case or in specified circumstances;

(b) make different provision for different cases or circumstances;

(2) An order under section 122 may make provision by reference to the exercise of another power under this Act.

(3) An order under section 122 may make provision by reference to a document; and--

(a) an order which makes provision by reference to a document must include provision about publication of the document, and

(b) a reference in this section to an order includes a reference to a document referred to by an order.

125 Reference to Review Body

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20

-- Back --

Stat