Statutory Instruments with Clear Reports

04 July 2022

SL(6)216 The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022

Procedure: Made Negative

The Curriculum and Assessment (Wales) Act 2021 (“the 2021 Act”) establishes a new legal framework for a curriculum and makes provision about assessment for children and pupils in Wales (“the new CfW”).

The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 1) Regulations 2022 (“the Regulations”) make amendments to secondary legislation required to give full effect to provisions under the the 2021 Act and the implementation of the new CfW from September 2022. These Regulations make amendments to secondary legislation made under various enactments, whilst the Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 2) Regulations 2022 make amendments to secondary legislation made under the Education Act 2002.

The new CfW will be rolled out for children and pupils in a phased manner. The amendments made by these Regulations will be phased in in-line with the below timetable, set out in paragraph 2.4 of the Welsh Government’s Explanatory Memorandum:

Phased in from:

 School year/learners subject to the new CfW

School year/learners subject to the National (and Local) Curriculum

September 2022

Nursery years, reception, year 1 up to year 6 and year 7 for schools/settings which have chosen to implement the new CfW from 2022.

Year 7 of schools/setting which have chosen not to implement the new CfW from 2022; and years 8 to 11.

September 2023

All years up to and including 8

Years 9 to 11

September 2024

All years up to and including 9

Years 10 to 11

September 2025

All years up to and including 10

Year 11

September 2026

Nursery years, reception, and compulsory age learners (years 1 to 11).

In relation to Part 5 of the 2021 Act - those learners in maintained schools in post-16 education (years 12 and 13).

None – the National Curriculum will no longer apply.

 

Parent Act: The Curriculum and Assessment (Wales) Act 2021

Date Made: 14 June 2022

Date Laid: 17 June 2022

Coming into force date:


Statutory Instruments with Clear Reports

04 July 2022

SL(6)221 The Corporate Joint Committees (General) (No.2) (Wales) Regulations 2022

Procedure: Affirmative

These Regulations make a number of provisions in relation to Corporate Joint Committees (“CJC’s”) established under Part 5 of the Local Government and Elections (Wales) Act 2021. These Regulations form part of a package of instruments which underpin the establishment of CJC’s and which seek to ensure that they are subject to the same administrative and governance requirements as local government.

CJC’s are corporate bodies, established via regulations. There are currently four CJC’s established in Wales: the Mid Wales Corporate Joint Committee, the North Wales Corporate Joint Committee, the South West Wales Corporate Joint Committee and the South East Wales Corporate Joint Committee.

This is the fourth set of Corporate Joint Committee General Regulations. Together these regulations form a package of standalone provision and amendments to legislation that underpins all CJC’s and establishes the legislative framework necessary for the effective administration and governance of a CJC.

The provisions within these Regulations:

 

·         amend the Public Audit (Wales) Act 2004 so the Auditor General for Wales will be able to direct CJC’s to publish information relating to their performance.

 

·         require a CJC to co-operate with, and provide assistance to, an overview and scrutiny committee of a constituent council (or a joint scrutiny committee of two or more constituent councils) which is making a report or recommendations in relation to the exercise by the CJC of one of its functions.

 

·         makes a provision about the governance and administration of CJC governance and audit sub-committees. This includes requirements in relation to the appointment of a chairperson and deputy, proceedings and voting procedure of the sub-committee and the frequency of its meetings.

 

·         amends section 20 of the Local Government and Housing Act 1989 so that regulations may be made under that section that apply to CJCs.  Section 20 confers a power on the Welsh Ministers to require relevant authorities (including principal councils) to adopt procedural standing orders set out in regulations.

 

·         makes amendments to the Establishment Regulations for each of the four CJCs, including in relation to the governance and audit sub-committee. These ensure that the governance and audit sub-committee of a CJC has the same responsibility for complaints and performance management as a governance and audit committee of a local authority.

 

Parent Act: Local Government and Elections (Wales) Act 2021

Date Made:

Date Laid:

Coming into force date: 15 June 2022


Statutory Instruments with Clear Reports

04 July 2022

SL(6)223 The Regulated Services (Service Providers and Responsible Individuals) (Wales) (Amendment) Regulations 2022

Procedure: Affirmative

These Regulations extend the requirement that employees and workers providing care and support are registered with Social Care Wales to care home services for adults and to residential family centre services.

These regulations will require a provider of:

§  an adult care home service, and

§  a residential family centre service

to employ persons who are registered with Social Care Wales where they work in roles providing care and support. The requirement to be registered applies both to employees and to workers employed under a contract for services.  Workers must be registered within six months of commencing their employment or within six months of first being engaged under a contract for services to provide care and support.

The introduction of a requirement on these services to only employ workers registered with the workforce regulator is intended to provide greater reassurance to the public and to users of those services that workers are held to account against a Code of Professional Practice and that they hold the appropriate qualifications to undertake the role. 

To enter on to the register, a person must be appropriately qualified. This means that they must have successfully completed a course approved by Social Care Wales.

As part of the registration programme, Social Care Wales has the power to charge a registration fee, under the 2016 Act, and is responsible for setting this fee.

Parent Act: Regulation and Inspection of Social Care (Wales) Act 2016

Date Made:

Date Laid:

Coming into force date: 01 October 2022