{
  "url": "https://openlegislation.uk/education-arrangements-for-assessing-in-the-curriculum-for-wales-regulations-2022/note",
  "json_url": "https://openlegislation.uk/education-arrangements-for-assessing-in-the-curriculum-for-wales-regulations-2022/note.json",
  "legislation": "wsi/2022/17",
  "legislation_title": "The Education (Arrangements for Assessing in the Curriculum for Wales) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/education-arrangements-for-assessing-in-the-curriculum-for-wales-regulations-2022",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThe Curriculum and Assessment (Wales) Act 2021 (“the Act”) establishes a new framework for a curriculum and makes provision about assessment for pupils and children in Wales. Section 56 of the Act provides that the Welsh Ministers must make provision by way of regulations for assessing in relation to the relevant curriculum. “Relevant curriculum” has the meaning given to it in section 56(5) of the Act.\nRegulation 1 provides for the commencement of these Regulations by year groups. This will mirror the planned roll out of the Curriculum for Wales (“CfW”) which will be also be phased in over a period of time by year groups.\nThe CfW and these Regulations will become mandatory for the year groups in schools and other settings as follows—\n(a) on 1 September 2022 for—\n(i) children receiving nursery education,\n(ii) pupils in their reception year,\n(iii) pupils in years 1 to 6,\n(b) on 1 September 2022 for pupils in year 7 in schools and other settings where there is a curriculum adopted or otherwise provided in accordance with the Act,\n(c) on 1 September 2023 for pupils in year 7 who are not within paragraph (b),\n(d) on 1 September 2023 for pupils in year 8,\n(e) on 1 September 2024 for pupils in year 9,\n(f) on 1 September 2025 for pupils in year 10, and\n(g) on 1 September 2026 for pupils in year 11.\nThese Regulations will apply to the following settings—\n(a) maintained schools,\n(b) maintained nursery schools,\n(c) funded non-maintained nursery education providers,\n(d) pupil referral units, and\n(e) a person who arranges or provides teaching and learning for a child otherwise than at a maintained school, maintained nursery school or pupil referral unit, by virtue of arrangements made under section 19A of the Education Act 1996.\nRegulation 3(1) requires the persons prescribed to make arrangements for the ongoing assessment of pupils and children in accordance with the requirements set out in paragraphs (3) to (5) of regulation 3 (“ongoing assessments”).\nRegulation 3(6) provides that a provider of funded non-maintained nursery education may adopt for the purposes of regulation 3(1) the assessment arrangements published by the Welsh Ministers under regulation 9 instead of designing the provider’s own ongoing assessments. The term “a provider of funded non-maintained nursery education” has the meaning given to it by section 80(2) of the Act. This means that such a provider must either design the provider’s own assessment arrangements or adopt those published by the Welsh Ministers under regulation 9.\nThese Regulations do not require the ongoing assessments to be carried out at prescribed times. However, regulation 3(1) does require that assessments be ongoing and be carried out throughout the school year. The form of the assessment arrangements will vary and will draw on a range of assessment methods.\nRegulation 4 makes provision for the implementation of the ongoing assessments. The implementation of the ongoing assessments involves the administration of those assessments.\nRegulation 5 makes provision for the review and revision of the ongoing assessments.\nRegulation 6 requires the persons prescribed in that regulation to make arrangements for the assessment of pupils and children in accordance with the requirements of paragraphs (4) and (5) of regulation 6 (“on-entry assessments”).\nThe purpose of the arrangements for assessing on-entry is set out paragraph (3) of regulation 6.\nRegulation 6(5) provides that the on-entry assessments must be carried out within 6 weeks of the events set out in that paragraph.\nRegulation 6(6) provides that a provider of funded non-maintained nursery education may adopt for the purposes of regulation 6(1) the assessment arrangements published by the Welsh Ministers under regulation 9 instead of designing their own assessments for assessing on-entry. This means that such a provider must either design their own assessment arrangements or adopt those published by the Welsh Ministers under regulation 9.\nRegulation 7 makes provision for the implementation of the on-entry assessments. The implementation of the on-entry assessments involves the administration of those assessments.\nRegulation 8 makes provision for the review and revision of the arrangements for assessing on-entry.\nRegulation 9 requires the Welsh Ministers to publish assessment arrangements which may be adopted by a provider of funded non-maintained nursery education for the purposes of regulation 3(1) and 6(1) (“regulation 9 assessment arrangements”). The Welsh Ministers will publish the first set of regulation 9 assessment arrangements no later than 1 September 2023.\nRegulation 10 makes provision for the review and revision of the regulation 9 assessment arrangements.\nThe Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales .",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2022/17/note",
    "retrieved_at": "2026-10-28T23:08:31.170988+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}