{
  "url": "https://openlegislation.uk/education-temporary-exceptions-for-individual-pupils-and-children-wales-regulations-2022/note",
  "json_url": "https://openlegislation.uk/education-temporary-exceptions-for-individual-pupils-and-children-wales-regulations-2022/note.json",
  "legislation": "wsi/2022/670",
  "legislation_title": "The Education (Temporary Exceptions for Individual Pupils and Children) (Wales) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/education-temporary-exceptions-for-individual-pupils-and-children-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 2021 Act”) establishes a new framework for a curriculum and makes provision about assessment for pupils and children in Wales (“the CfW”).\nThese Regulations enable head teachers of maintained schools and maintained nursery schools and providers of funded non-maintained nursery education (“the relevant person”) to determine that the provisions of the CfW should not apply to a child or pupil, or should apply with modifications. The term “provider of funded non-maintained nursery education” is defined in regulation 2.\nRegulation 4 provides that a determination may only be given in cases where the relevant person considers that it is not appropriate for the time being to implement the relevant curriculum for that child or pupil and the circumstances are likely to change so that within 6 months of the date on which a determination comes into force, it will be appropriate to implement the relevant curriculum for that pupil or child. The term “relevant curriculum” has the meaning given to it in section 56(5)(a) and (b) of the 2021 Act.\nRegulation 5 provides for the duration of a determination. In no case is the duration of the first determination to exceed 6 months.\nRegulation 6 provides that a determination may be varied (except so as to extend its operative period). Regulation 7 makes provision for the revocation of the determination.\nRegulation 8 provides that further determinations may be made in certain circumstances and subject, in some cases, to the consent of the local authority or the governing body, or both. Regulation 9 makes broadly the same provision for providers of funded non-maintained nursery education.\nRegulation 10 provides that parents of a child or pupil may request the relevant person make a determination or that they revoke or vary an existing determination.\nRegulation 11 provides the relevant person must make, vary or revoke a determination within two weeks, with reasons if the request is refused.\nSection 44 of the 2021 Act makes provision about the information that a head teacher and a provider of funded non-maintained nursery education must provide when making, varying or revoking a determination.\nSection 45 of the 2021 Act provides a right of appeal to a pupil or pupil’s parent in relation to a head teacher’s determination made under section 42 of the 2021 Act and these Regulations. Section 46 provides a right of appeal to a child’s parent in relation to a determination made by the provider of funded non-maintained nursery education under section 42 of the 2021 Act and these Regulations.\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/2022/670/note",
    "retrieved_at": "2026-10-28T23:06:43.678884+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."
}