# The Curriculum and Assessment (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2022 W.S.I. 2022/652 · made 13 June 2022 This Order brings into force provisions of the Curriculum and Assessment (Wales) Act 2021 (“the 2021 Act”). Made under: Curriculum and Assessment (Wales) Act 2021 (Section 84) PDFs: Printed copy https://openlegislation.uk/curriculum-and-assessment-wales-act-2021-commencement-no-3-and-transitional-provision-order-2022/pdf/wsi_20220652_mi.pdf ## Introductory text Education, Wales Made 13 June 2022 The Welsh Ministers, in exercise of the powers conferred by section 84(2), (3) and (4) of the Curriculum and Assessment (Wales) Act 2021, make the following Order: ## 1 Title and interpretation (1) The title of this Order is the Curriculum and Assessment (Wales) Act 2021 (Commencement No. 3 and Transitional Provision) Order 2022. (2) In this Order— “the 1996 Act” (“Deddf 1996”) means the Education Act 1996; “the 2018 Act” (“Deddf 2018”) means the Additional Learning Needs and Education Tribunal (Wales) Act 2018; “the 2021 Act” (“Deddf 2021”) means the Curriculum and Assessment (Wales) Act 2021; “academic year” (“blwyddyn academaidd”) means the period of 12 months beginning on 1 September; “additional learning needs” (“anghenion dysgu ychwanegol”) has the meaning given to it in section 2 of the 2018 Act; “child” (“plentyn”) has the meaning given to it in section 579(1) of the 1996 Act; “individual development plan” (“cynllun datblygu unigol”) means a plan prepared and maintained under Chapter 2 of Part 2 of the 2018 Act; “maintained school” (“ysgol a gynhelir”) means a maintained school within the meaning of section 79(1)(a) and (b) of the 2021 Act; “nursery education” (“addysg feithrin”) means education provided to children or pupils below compulsory school age— (i) in a maintained school or a maintained nursery school, or (ii) by the provider of funded non-maintained nursery education; “provider of funded non-maintained nursery education” (“darparwr addysg feithrin a gyllidir ond nas cynhelir”) has the meaning given to it in section 80(2)(a) of the 2021 Act; “pupil referral unit” (“uned cyfeirio disgyblion”) has the meaning given to it in section 81(1) of the 2021 Act; “pupil” (“disgybl”) has the meaning given to it in section 3 of the 1996 Act; “reception year” (“blwyddyn derbyn”) means a year group in which the majority of the children or pupils attain the age of 5; “setting” (“lleoliad”) means— (a) a maintained school, (b) a provider of funded non-maintained nursery education; (c) a pupil referral unit, and (d) the provision of teaching and learning for a child otherwise than at a pupil referral unit by virtue of arrangements made under section 19A of the 1996 Act; “special educational needs” (“anghenion addysgol arbennig”) has the meaning given to it in section 312(1) of the 1996 Act; “special educational needs provision” (“darpariaeth anghenion addysgol arbennig”) has the meaning given to it in section 312(4) of the 1996 Act; “statement of special educational needs” (“datganiad anghenion addysgol arbennig”) means a statement within the meaning of section 324 of the 1996 Act; “year 1” (“blwyddyn 1”) means a year group in which the majority of children or pupils attain the age of 6; “year 2” (“blwyddyn 2”) means a year group in which the majority of children or pupils attain the age of 7; “year 3” (“blwyddyn 3”) means a year group in which the majority of children or pupils attain the age of 8; “year 4” (“blwyddyn 4”) means a year group in which the majority of children or pupils attain the age of 9; “year 5” (“blwyddyn 5”) means a year group in which the majority of children or pupils attain the age of 10; “year 6” (“blwyddyn 6”) means a year group in which the majority of children or pupils attain the age of 11; “year 7” (“blwyddyn 7”) means a year group in which the majority of children or pupils attain the age of 12; “year 8” (“blwyddyn 8”) means a year group in which the majority of children or pupils attain the age of 13; “year 9” (“blwyddyn 9”) means a year group in which the majority of children or pupils attain the age of 14; “year 10” (“blwyddyn 10”) means a year group in which the majority of children or pupils attain the age of 15; “year 11” (“blwyddyn 11”) means a year group in which the majority of children or pupils attain the age of 16; “year 12” (“blwyddyn 12”) means a year group in which the majority of children or pupils attain the age of 17; “year 13” (“blwyddyn 13”) means a year group in which the majority of children or pupils attain the age of 18; “year group” (“grŵp blwyddyn”) means a group of children or pupils at a setting the majority of whom will, in a particular academic year, attain the same age. ## 2 Transitional provision Until such time as Part 4 of the 1996 Act is repealed by the 2018 Act references in Part 2 of the 2021 Act to— (a) “additional learning needs provision” are treated as including “special educational provision”; (b) “additional learning needs” are treated as including “special educational needs”; and (c) “individual development plan” are treated as including a “statement of special educational needs”. ## 3 Provisions coming into force on 14 June 2022: partially The following provisions of the 2021 Act come into force on 14 June 2022— (a) sections 42 and 43 for the purpose of making regulations under section 42, and (b) section 69 for the purpose of making regulations under that section. ## 4 Provisions coming into force on 1 September 2022: fully The following provisions of the 2021 Act come into force on 1 September 2022— (a) sections 6 to 8 to the extent they are not already in force, (b) sections 42 and 43 to the extent they are not already in force, (c) sections 56 and 57 to the extent they are not already in force, (d) sections 63 to 67, (e) section 69 to the extent it is not already in force, and (f) sections 70 and 71. ## 5 Provisions coming into force on 1 September 2022: partially (1) The provisions of the 2021 Act in paragraph (2) come into force on 1 September 2022 for a child or pupil— (a) who is provided with nursery education, (b) in a reception year, (c) in years 1 to 6, and (d) in year 7 in those maintained schools and pupil referral units set out in the Schedule. (2) The provisions referred to in paragraph (1) are— (a) sections 9 to 24(1), (2), (3) and (4), (b) sections 25 to 29, (c) sections 34 to 41, (d) sections 44 to 55, and (e) Schedule 1. ## 6 Provisions coming into force on 1 September 2023: partially (1) The provisions of the 2021 Act in paragraph (2) come into force on 1 September 2023 for a child or pupil in— (a) year 7 for all other settings not listed in the Schedule (Year 7 List), and (b) year 8. (2) The provisions referred to in paragraph (1) are— (a) sections 9 to 24(1), (2), (3) and (4), (b) sections 25 to 29, (c) sections 34 to 41, (d) sections 44 to 55, and (e) Schedule 1. ## 7 Provisions coming into force on 1 September 2024: partially The following provisions of the 2021 Act come into force on 1 September 2024 for a child or pupil in year 9— (a) sections 9 to 24(1), (2), (3) and (4), (b) sections 25 to 29, (c) sections 34 to 41, (d) section 68, (e) sections 44 to 55, and (f) Schedule 1. ## 8 Provisions coming into force on 1 September 2025: partially The following provisions of the 2021 Act come into force on 1 September 2025 for a child or pupil in year 10— (a) sections 9 to 41, (b) sections 44 to 55, and (c) Schedule 1. ## 9 Provisions coming into force on 1 September 2026: fully The following provisions of the 2021 Act come into force on 1 September 2026 to the extent they are not already in force— (a) sections 9 to 41, (b) sections 44 to 55, (c) sections 58 to 62, (d) section 68, and (e) Schedule 1. ## Signature Jeremy Miles Minister for Education and Welsh Language, one of the Welsh Ministers 13 June 2022 ## Schedule: Year 7 List ## 1 The schools and pupil referral units referred to in article 4(1)(d) of this Order are— School and Pupil Referral Unit Name School Number and Pupil Referral Number Blaenau Gwent County Borough Council Brynmawr Foundation School 6775401 Pen-y-Cwm Special School 6777011 Tredegar Comprehensive School 6774061 Bridgend County Borough Council Brynteg School 6724078 Coleg Cymunedol y Dderwen 6724086 Cynffig Comprehensive School 6724059 Heronsbridge School 6727003 Maesteg School 6724071 Pencoed Comprehensive School 6724076 Ysgol Bryn Castell 6727012 Ysgol Gyfun Gymraeg Llangynwyd 6724085 Caerphilly County Borough Council Bedwas High School 6764093 Glanynant Learning Centre 6761104 Idris Davies School 3 - 18 6765500 Lewis Girls’ School 6764077 Lewis School Pengam 6764075 Newbridge School 6764031 Risca Community Comprehensive School 6764068 St Cenydd Community School 6764065 Trinity Fields School and Resource Centre 6767011 Heolddu Comprehensive School 6764073 Cardiff City and County Council Cardiff High School 6814039 Cathays High School 6814054 Eastern High School 6814076 Fitzalan High School 6814042 Greenhill Special School 6817001 Llanishen High School 6814051 Radyr Comprehensive School 6814070 St Illtyd’s Catholic High School 6814600 The Bishop of Llandaff Church in Wales High School 6814608 Willows High School 6814041 Ysgol Gyfun Gymraeg Plasmawr 6814072 Carmarthenshire County Council Ysgol Gyfun Gymraeg Bro Myrddin 6694056 Bryngwyn School 6694054 Glan-y-Môr School 6694053 Ysgol Gyfun y Strade 6694052 Ceredigion County Council Ysgol Henry Richard 6675501 Conwy County Borough Council Conwy Education Centre 6621109 Dyffryn Conwy School 6624035 Eirias High School 6625402 John Bright School 6624022 Ysgol Aberconwy 6624023 Denbigshire County Council Ysgol Uwchradd Glan Clwyd 6634020 Gwynedd Council Brynrefail School 6614004 Godre’r Berwyn School 6615501 Moelwyn School 6614031 Ysgol Bro Idris 6615500 Ysgol Eifionydd 6614009 Ysgol Friars 6614036 Merthyr Tydfil County Borough Council Afon Taf High School 6754011 Bishop Hedley Catholic High School 6754600 Cyfarthfa High School 6754013 Monmouthshire County Council Caldicot School 6794066 Chepstow School 6794065 King Henry VIII School 6794064 Monmouth Comprehensive School 6794060 Neath Port Talbot Council Cefn Saeson Comprehensive School 6714064 Newport County Borough Council Bassaleg School 6804030 Caerleon Comprehensive School 6804059 Lliswerry High School 6804026 Maes Ebbw School 6807002 Newport High School 6804025 St Joseph’s RC High School 6804602 St Julian’s Secondary School 6804003 The John Frost School 6804020 Ysgol Bryn Derw 6807004 Ysgol Gyfun Gwent Is Coed 6804060 Pembrokeshire County Council Ysgol Bro Preseli 6684064 Ysgol Caer Elen 6685500 Powys County Council Crickhowell High School 6664024 Llanidloes High School 6664002 Maesydderwen School 6664021 Penmaes School 6667004 Ysgol Bro Hyddgen 6665500 Ysgol Llanfyllin 6665501 Rhondda Cynon Taf County Borough Council Bryn Celynnog Comprehensive School 6744019 Cardinal Newman Catholic School 6744602 Maesgwyn Special School 6747006 Park Lane Special School 6747008 Pontypridd High School 6744022 Tonyrefail Community School 6745503 Tŷ Gwyn Education Centre 6741106 Y Pant School 6744096 Ysgol Garth Olwg 6745504 Ysgol Gyfun Rhydywaun 6744105 Ysgol Hen Felin 6747011 Ysgol Llanhari 6745500 City and County of Swansea Bishop Gore School 6704044 Bishop Vaughan Catholic School 6704600 Bishopston Comprehensive School 6704069 Dylan Thomas Community School 6704076 Morriston Comprehensive School 6704033 Pontarddulais Comprehensive School 6704072 Ysgol Gyfun Gŵyr 6704074 Ysgol Gyfun Gymraeg Bryn Tawe 6704078 Ysgol Pen y Bryn 6707000 Vale of Glamorgan Council Llantwit Major School 6734060 St Richard Gwyn Catholic High School 6734612 Stanwell School 6735400 Torfaen County Borough Council Abersychan School 6784070 Croesyceiliog School 6784051 Crownbridge Special School 6787012 Torfaen Pupil Referral Unit 6781100 West Monmouth School 6784072 ## Explanatory note (This note is not part of the Order) This Order brings into force provisions of the Curriculum and Assessment (Wales) Act 2021 (“the 2021 Act”). Article 2 of this Order makes transitional provision for pupils who have a statement of special educational needs and not an individual development plan (see article 1 for a definition of “special educational needs” and “individual development plan”). This Order provides that the provisions listed in article 3 come into force on 14 June 2022 but only for the purpose of making regulations under sections 42 and 69 of the 2021 Act. Article 4 of this Order provides that the provisions listed in that article come into force fully on 1 September 2022. Article 5 of this Order provides that the provisions listed in that article come into force on 1 September 2022 for a child or pupil— (a) provided with nursery education, (b) in a reception year, (c) in years 1 to 6, and (d) in year 7 in those maintained schools and pupil referral units set out in the Schedule to this Order. Article 5 of this Order provides that the provisions listed in that article come into force on 1 September 2023 for a child or pupil— (a) in year 7, and (b) in year 8. Article 6 of this Order provides that the provisions listed in that article come into force on 1 September 2024 for a child or pupil in year 9. Article 7 of this Order provides that the provisions listed in that article come into force on 1 September 2025 for a child or pupil in year 10. Article 8 of this Order provides that the provisions listed in that article come into force on 1 September 2026 for a child or pupil in years 11 to 13. --- Source: https://www.legislation.gov.uk/wsi/2022/652 (the official version) Page: https://openlegislation.uk/curriculum-and-assessment-wales-act-2021-commencement-no-3-and-transitional-provision-order-2022 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.