Section 33D Determination of a pupil's “relevant school or institution”F1
Where, during the F2relevant period, a registered pupil of a maintained school requests that the school's head teacher determines the pupil's relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3).
The relevant period, in relation to a registered pupil of a maintained school, is the period—
beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and
ending at the same time as the school year in which the majority of pupils in the pupil’s class cease to be of compulsory school age.
A pupil's relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil's education once he or she has ceased to be of compulsory school age.
Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made.
The Welsh Ministers must consult the Commission before making regulations under subsection (3).
This section does not require any person to admit a pupil to a particular school or institution.
Annotations
Textual amendments
- F1
S. 33D inserted (19.1.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 25, 49(2); S.I. 2011/97, art. 2(1)(b)
- F2
Words in s. 33D(1) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes, 1.9.2026 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 5(2)(a)
- F3
S. 33D(1A) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes, 1.9.2026 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 5(2)(b)
- F4
S. 33D(3A) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 14(6) (with s. 19); W.S.I. 2026/62, art. 2(ww)(ix)
Notes on Part II
Textual amendments
- F1
Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)
Modifications
- C1
Pt. 2 certain functions made exercisable jointly with the Welsh Ministers (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(f), 124(5); S.I. 2018/241, reg. 2(m)
Notes on The local curricula
Textual amendments
- F1
S. 33A and cross-heading inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 22, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(b)