SL(6)220 – The Education in Multiple Settings (Wales) Regulations 2022

Background and Purpose

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

These Regulations require the appropriate local authority to make and review a plan for those children and pupils who are educated in more than one setting. The plan must set out the teaching and learning to be provided for the child or pupil at each setting, and the assessment arrangements that will apply to the child or pupil at each setting.

The commencement of these Regulations will mirror the planned roll out of the new curriculum, being phased in over a period of time by year group.

Procedure

Negative

The Regulations were made by the Welsh Ministers before they were laid before the Senedd.  The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.

Technical Scrutiny

No points are identified for reporting under Standing Order 21.2 in respect of this instrument.

Merits Scrutiny  

The following point is identified for reporting under Standing Order 21.3 in respect of this instrument:

1. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd

The term “head teacher” appears in these Regulations but is not defined. Other instruments in the suite, such as the Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Secondary Legislation) (No. 2) Regulations 2022, do define the term “head teacher” (as having the meaning given to it in section 579(1) of the Education Act 1996).

We ask the Welsh Government to explain the inconsistency in the approach used across the suite, as it could cause confusion to the reader.

Welsh Government response

A Welsh Government response is required.

Legal Advisers

Legislation, Justice and Constitution Committee

28 June 2022