# The Education (Temporary Exceptions for Individual Pupils and Children) (Wales) Regulations 2022, Regulation 4: Cases and circumstances in which determinations may be made


(1) A relevant person may only make a determination in respect of a pupil or child if satisfied—
(a) that it is not for the time being appropriate to implement the relevant curriculum for that pupil or child, and
(b) the circumstances that give rise to that opinion are likely to change significantly so that, within 6 months of the operative date, it will be appropriate to implement the relevant curriculum for that pupil or child.
(2) A relevant person may only make a determination if satisfied that the curriculum that will be implemented for the pupil or child as a result of the determination will—
(a) enable the pupil or child to develop in the ways described in the four purposes,
(b) secure teaching and learning that offers appropriate progression for each pupil or child,
(c) be suitable for the pupil or child’s age, ability and aptitude,
(d) take account of the pupil’s or child’s—
(i) additional learning needs, or
(ii) special educational needs for a pupil or child in relation to whom Chapter 1 of Part 4 of the 1996 Act continues to apply, and
(e) secure broad and balanced teaching and learning for the pupil or child.
(3) A relevant person must not make a determination on the grounds that a pupil or child has, or may have, additional learning needs or special educational needs.

---
Source: https://www.legislation.gov.uk/wsi/2022/670/regulation/4 (the official version)
Page: https://openlegislation.uk/education-temporary-exceptions-for-individual-pupils-and-children-wales-regulations-2022/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.