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Curriculum and Assessment (Wales) Act 2021

2021 asc 4 · Enacted 29 April 2021 · Extends to England and Wales

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 September 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 73savings for effects of 2021 asc 4, s. 73Curriculum and Assessment (Wales) Act 2021 (Transitional and Saving Provision) 2022 reg. 3
Sch. 2savings for effects of 2021 asc 4, Sch. 2Curriculum and Assessment (Wales) Act 2021 (Transitional and Saving Provision) 2022 reg. 3

An Act of Senedd Cymru to establish a new framework for a curriculum for pupils of compulsory school age at maintained schools and pupil referral units, for children of compulsory school age for whom education is otherwise arranged by local authorities, for pupils at maintained nursery schools and for certain other children for whom nursery education is provided; to make provision about progression and assessment in connection with a curriculum for those pupils and children; to make provision about a curriculum for pupils above compulsory school age at maintained schools; and for connected purposes.

[29 April 2021]

Having been passed by Senedd Cymru and having received the assent of Her Majesty, it is enacted as follows:

Contents

  1. Part 1: BASIC CONCEPTS AND KEY DOCUMENTS
  2. 1Introduction
  3. 2The four purposes
  4. 3The areas of learning and experience
  5. 4The mandatory cross-curricular skills
  6. 5Power to amend sections 3 and 4
  7. 6The What Matters Code
  8. 7The Progression Code
  9. 8The RSE Code
  10. Part 2: CURRICULUM IN MAINTAINED SCHOOLS, MAINTAINED NURSERY SCHOOLS AND FUNDED NON-MAINTAINED NURSERY EDUCATION
  11. Chapter 1: CURRICULUM DESIGN AND ADOPTION
  12. General
  13. 9Introduction and interpretation
  14. Maintained schools and maintained nursery schools
  15. 10Curriculum design
  16. 11Curriculum adoption
  17. 12Curriculum review and revision
  18. Funded non-maintained nursery education
  19. 13Welsh Ministers' duty to publish a curriculum
  20. 14Review and revision of curriculum published by Welsh Ministers
  21. 15Curriculum adoption
  22. 16Curriculum review and revision
  23. Supplementary provision
  24. 17Power to make supplementary provision about curriculum adoption and revision
  25. 18Power to make supplementary provision about curriculum summaries
  26. Chapter 2: CURRICULUM REQUIREMENTS
  27. General
  28. 19Introduction
  29. Curriculum requirements
  30. 20The four purposes
  31. 21Progression
  32. 22Suitability
  33. 23Breadth and balance
  34. 24Areas of learning and experience and cross-curricular skills
  35. 25Power to impose further curriculum requirements
  36. Chapter 3: CURRICULUM IMPLEMENTATION
  37. General
  38. 26Introduction and interpretation
  39. Maintained schools and maintained nursery schools
  40. 27Duty to ensure implementation of adopted curriculum
  41. 28General implementation requirements
  42. 29Further implementation requirements for pupils aged 3 to 14
  43. 30Further implementation requirements for pupils aged 14 to 16
  44. 31Power to disapply duty to implement pupil choice
  45. 32Power to disapply duty to implement pupil choice: supplementary
  46. 33Reviews and appeals relating to pupil choice
  47. Funded non-maintained nursery education
  48. 34Duty to ensure implementation of adopted curriculum
  49. 35General implementation requirements
  50. 36Requirements relating to areas of learning and experience and cross-curricular skills
  51. Chapter 4: CURRICULUM IMPLEMENTATION: EXCEPTIONS
  52. 37Introduction
  53. 38Development work and experiments
  54. 39Development work and experiments: conditions
  55. 40Development work and experiments: supplementary
  56. 41Pupils and children with additional learning needs
  57. 42Temporary exceptions for individual pupils and children
  58. 43Temporary exceptions for individual pupils and children: supplementary
  59. 44Provision of information about temporary exceptions
  60. 45Appeals about temporary exceptions for individual pupils
  61. 46Appeals about temporary exceptions for individual children
  62. 47Exception for pupils for whom arrangements are made under section 19A of the Education Act 1996
  63. 48Power to make provision for further exceptions
  64. Part 3: CURRICULUM FOR EXCEPTIONAL PROVISION OF EDUCATION IN PUPIL REFERRAL UNITS OR ELSEWHERE
  65. General
  66. 49Introduction
  67. Pupil referral units
  68. 50Curriculum requirements
  69. 51Curriculum review and revision
  70. 52Curriculum implementation
  71. Other education provided under section 19A of the Education Act 1996
  72. 53Curriculum requirements
  73. 54Review and revision
  74. 55Curriculum implementation
  75. Part 4: ASSESSMENT AND PROGRESSION
  76. 56Duty to make provision about assessment arrangements
  77. 57Promoting and maintaining understanding of progression
  78. Part 5: CURRICULUM: POST COMPULSORY EDUCATION IN MAINTAINED SCHOOLS
  79. 58Introduction and interpretation
  80. 59General curriculum requirement
  81. 60Curriculum requirement: Relationships and Sexuality Education
  82. 61Curriculum requirement: Religion, Values and Ethics
  83. 62Further curriculum requirements
  84. Part 6: SUPPLEMENTARY
  85. Mental health and emotional well-being
  86. 63Duty to have regard to mental health and emotional well-being of children and young persons
  87. UN Conventions
  88. 64Duty to promote knowledge and understanding of UN Conventions on the rights of children and persons with disabilities
  89. Co-operation and facilitation
  90. 65Duty to co-operate
  91. 66Welsh Ministers' duty to facilitate the performance of functions
  92. 67Local authorities' duty to facilitate the performance of functions
  93. Welsh language
  94. 68Welsh Ministers' duty to promote access etc to Welsh medium courses of study
  95. Specific provision for further settings etc
  96. 69Power to make provision for children receiving education in more than one setting etc
  97. 70Power to apply Act to detained children and detained young persons
  98. Guidance
  99. 71Duty to have regard to guidance
  100. Part 7: GENERAL
  101. 72Status of this Act as an Education Act
  102. 73Minor and consequential amendments and repeals
  103. 74Power to make additional provision to give full effect to this Act etc
  104. 75Regulations
  105. 76The What Matters Code and the Progression Code: procedure
  106. 77The RSE Code: procedure
  107. 78Written information, notices and directions
  108. 79Meaning of “maintained school”, “maintained nursery school” and associated expressions
  109. 80Meaning of “funded non-maintained nursery education” and associated expressions
  110. 81Meaning of “pupil referral unit” and associated expressions
  111. 82General interpretation
  112. 83Index of expressions defined in this Act
  113. 84Coming into force
  114. 85Short title
  115. Schedule 1: RELIGION, VALUES AND ETHICS
  116. Part 1: CURRICULUM DESIGN
  117. Application
  118. 1Paragraph 1
  119. Community schools and foundation and voluntary schools without a religious character
  120. 2Paragraph 2
  121. Foundation and voluntary controlled schools that have a religious character
  122. 3Paragraph 3
  123. Voluntary aided schools that have a religious character
  124. 4Paragraph 4
  125. Part 2: CURRICULUM IMPLEMENTATION
  126. Application
  127. 5Paragraph 5
  128. Community schools and foundation and voluntary schools without a religious character
  129. 6Paragraph 6
  130. Foundation and voluntary controlled schools that have a religious character
  131. 7Paragraph 7
  132. Voluntary aided schools that have a religious character
  133. 8Paragraph 8
  134. Part 3: INTERPRETATION
  135. 9Paragraph 9
  136. Schedule 2: MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
  137. Education Act 1996 (c. 56)
  138. 1Paragraph 1
  139. 2Paragraph 2
  140. 3Paragraph 3
  141. 4Paragraph 4
  142. 5Paragraph 5
  143. 6Paragraph 6
  144. 7Paragraph 7
  145. 8Paragraph 8
  146. 9Paragraph 9
  147. 10Paragraph 10
  148. 11Paragraph 11
  149. 12Paragraph 12
  150. 13Paragraph 13
  151. 14Paragraph 14
  152. 15Paragraph 15
  153. 16Paragraph 16
  154. 17Paragraph 17
  155. 18Paragraph 18
  156. 19Paragraph 19
  157. 20Paragraph 20
  158. 21Paragraph 21
  159. 22Paragraph 22
  160. 23Paragraph 23
  161. 24Paragraph 24
  162. 25Paragraph 25
  163. 26Paragraph 26
  164. Education Act 1997 (c. 44)
  165. 27Paragraph 27
  166. 28Paragraph 28
  167. School Standards and Framework Act 1998 (c. 31)
  168. 29Paragraph 29
  169. 30Paragraph 30
  170. 31Paragraph 31
  171. 32Paragraph 32
  172. 33Paragraph 33
  173. 34Paragraph 34
  174. 35Paragraph 35
  175. 36Paragraph 36
  176. 37Paragraph 37
  177. 38Paragraph 38
  178. 39Paragraph 39
  179. 40Paragraph 40
  180. 41Paragraph 41
  181. 42Paragraph 42
  182. 43Paragraph 43
  183. Education Act 2002 (c. 32)
  184. 44Paragraph 44
  185. 45Paragraph 45
  186. 46Paragraph 46
  187. Licensing Act 2003 (c. 17)
  188. 47Paragraph 47
  189. 48Paragraph 48
  190. Anti-Social Behaviour Act 2003 (c. 38)
  191. 49Paragraph 49
  192. 50Paragraph 50
  193. Education Act 2005 (c. 18)
  194. 51Paragraph 51
  195. National Health Service Act 2006 (c. 41)
  196. 52Paragraph 52
  197. 53Paragraph 53
  198. National Health Service (Wales) Act 2006 (c. 42)
  199. 54Paragraph 54
  200. 55Paragraph 55
  201. Learning and Skills (Wales) Measure 2009 (nawm 1)
  202. 56Paragraph 56
  203. 57Paragraph 57
  204. 58Paragraph 58
  205. 59Paragraph 59
  206. Education (Wales) Measure 2009 (nawm 5)
  207. 60Paragraph 60
  208. 61Paragraph 61
  209. Equality Act 2010 (c. 15)
  210. 62Paragraph 62
  211. 63Paragraph 63
  212. 64Paragraph 64
  213. 65Paragraph 65
  214. Education (Wales) Measure 2011 (nawm 7)
  215. 66Paragraph 66
  216. 67Paragraph 67
  217. School Standards and Organisation (Wales) Act 2013 (anaw 1)
  218. 68Paragraph 68
  219. 69Paragraph 69
  220. 70Paragraph 70
  221. Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1)
  222. 71Paragraph 71
  223. 72Paragraph 72
  224. Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
  225. 73Paragraph 73
  226. 74Paragraph 74
  227. 75Paragraph 75