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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Learning and Skills (Wales) Measure 2009 (Commencement No 2) Order 2011 No. 97 (W. 20) (C. 6) URL: https://www.bailii.org/wales/legis/num_reg/2011/wsi_201197_en_1.html |
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Statutory Instruments
class="LegSubject">EDUCATION,
WALES
Made
17 January 2011
1.-(1) The title of this Order is the Learning and Skills (Wales)
Measure 2009 (
Commencement
No 2) Order 2011.
(2) In this Order-
"the 2000 Act" ("Deddf
2000") means the Learning and Skills Act 2000(2);
"the Measure" ("y Mesur") means the Learning and Skills (Wales)
Measure 2009.
2.-(1) The appointed day
for
the purpose of the
coming
into
force
of the
following
provisions of the Measure is 19 January 2011-
(a)section 23 (local curricula:
Welsh
language);
(b)section 25 (determination
of a pupil's "relevant school or institution");
(c)
class="LegDS
LegRHS LegP3Text">section 26 (pupils'
choices
of local
curriculum
courses);
class="LegClearFix
LegP3Container">(
d)
class="LegDS
LegRHS LegP3Text">section 28 (head teacher's or principal's
decision
as to entitlement)
for
the purpose of making regulations under section 33G(3) of the 2000 Act;
(e)section 30 (head teacher's or principal's decision
to remove entitlement)
for
the purpose of making regulations under section 33I(3) of the 2000 Act;
(f)
class="LegDS
LegRHS LegP3Text">section 31 (planning the local
curriculum);
(g)section 32 (delivery
of local
curriculum
entitlements: joint-
working);
(h)section 33 (joint-working:
guidance and
directions);
(i)section 34 (power to amend learning domains);
(j)section 35 (the local curriculum:
interpretation);
(k)section 36 (local curriculum:
directions);
(l)section 37 (application of local curriculum
provisions to students
who
are registered pupils of special schools or
who
have learning
difficulties);
(m)section 38 (application of local curriculum
provisions to institutions
within
the higher education sector);
(n)section 39 (regulations and orders: procedure);
(o)section 47 (minor and consequential
amendments)
fully;
(p)paragraphs 1 to 10 of the Schedule (minor and consequential
amendments).
(2) The appointed day
for
the purpose of the
coming
into
force
of the
following
provisions of the Measure is 14
February
2011-
(a)section 21 (education and training for
persons aged 16 to 18);
(b)section 22 (formation
of local
curricula
for
students aged 16 to 18);
(c)
class="LegDS
LegRHS LegP3Text">section 24 (areas
with
more than one local
curriculum);
class="LegClearFix
LegP3Container">(
d)
class="LegDS
LegRHS LegP3Text">section 27 (students' local
curriculum
entitlements);
(e)section 28 (head teacher's or principal's decision
as to entitlement) in so
far
as not
commenced
by article 2(1)(
d);
class="LegClearFix
LegP3Container">(
f)
class="LegDS
LegRHS LegP3Text">section 29 (
delivery
of local
curriculum
entitlements);
(g)section 30 (head teacher's or principal's decision
to remove entitlement) in so
far
as not
commenced
by article 2(1)(e).
(This note is not part of the Order)
This Order brings into force
on 19 January 2011 and 14
February
2011 various provisions of the Learning and Skills (
Wales)
Measure 2009 specified in article 2 of the Order.
The provisions of the Measure brought into force
on 19 January 2011 are as
follows:
-¢ Section 23 inserts section 33B into the Learning and Skills Act 2000 ("the 2000 Act") which
requires the
Welsh
Ministers to promote access to and availability of
courses
of study taught through the medium of
Welsh.
class="LegListTextStandard
LegLevel3">-¢ Section 25 inserts section 33D into the 2000 Act
which
requires a head teacher at a school to
determine
a pupil's relevant school or institution if requested to
do
so.
-¢ Section 26 inserts section 33E into the 2000 Act which
gives a registered pupil of a maintained school the right to elect to
follow
a
course
or
courses
of study included in a local
curriculum.
class="LegListTextStandard
LegLevel3">-¢ Section 28 (
which
is
commenced
for
the purpose of making regulations) inserts section 33G into the 2000 Act
which
makes provision
for
a head teacher or principal to
decide
that a student is not entitled to
follow
a particular
course
or
courses
of study.
-¢ Section 30 (which
is
commenced
for
the purpose of making regulations) inserts section 33I into the 2000 Act
which
makes provision
for
a head teacher or principal to
decide
that a student is no longer entitled to
follow
a
course
of study.
-¢ Section 31 inserts section 33J into the 2000 Act. This requires local authorities, governing bodies and head teachers of secondary schools, governing bodies and principals of further
education institutions to assist the
Welsh
Ministers in planning the local
curricula.
class="LegListTextStandard
LegLevel3">-¢ Section 32 inserts section 33K into the 2000 Act
which
makes provision in relation to maximising the availability of
courses
of study included in a local
curriculum.
class="LegListTextStandard
LegLevel3">-¢ Section 33 inserts section 33L into the 2000 Act
which
makes provision in relation to the joint-
working
obligations imposed by section 33K of the 2000 Act.
-¢ Section 34 inserts section 33M into the 2000 Act. This allows Welsh
Ministers to amend section 33A(3) of the 2000 Act.
-¢ Section 35 inserts section 33N into the 2000 Act. This contains
definitions.
class="LegListTextStandard
LegLevel3">-¢ Section 36 inserts section 33O into the 2000 Act and makes provision about
directions.
class="LegListTextStandard
LegLevel3">-¢ Section 37 inserts section 33P into the 2000 Act so as to allow regulations to apply the local
curriculum
provisions to special schools.
-¢ Section 38 inserts section 33Q into the 2000 Act so as to allow regulations to apply the local curriculum
provisions to higher education institutions.
-¢ Section 39 amends section 152 of the 2000 Act in relation to the procedure for
making regulations and orders.
-¢ Section 47 and paragraphs 1 to 10 of the Schedule contain
minor and
consequential
amendments.
The provisions of the Measure brought into force
on 14
February
2011 are as
follows:
-¢ Section 21 amends section 31 of the 2000 Act so that the general duties
on
Welsh
Ministers in relation to
further
education apply in relation to the local
curriculum.
class="LegListTextStandard
LegLevel3">-¢ Section 22 inserts section 33A into the 2000 Act
which
requires the
Welsh
Ministers to
form
at least one local
curriculum
in respect of each local authority area
for
students
who
are above
compulsory
school age but have not attained the age of 19.
-¢ Section 24 inserts section 33C into the 2000 Act which
makes provision in relation to the
formation
of more than one local
curriculum
for
a local authority area.
-¢ Section 27 inserts section 33F into the 2000 Act which
makes provision as to a student's entitlement to
follow
a
chosen
course
of study.
-¢ Section 28 is commenced
in so
far
as not already
commenced
by this Order.
-¢ Section 29 inserts section 33H into the 2000 Act which
imposes a
duty
on the governing body of a school or institution to
deliver
local
curriculum
entitlements.
-¢ Section 30 is commenced
in so
far
as not already
commenced
by this Order.
(This note is not part of the Order)
The following
provisions of the Learning and Skills (
Wales)
Measure 2009 have been brought into
force
by the Learning and Skills (
Wales)
Measure 2009 (
Commencement
No 1 and Transitional Provision) Order 2009 made before the
date
of this Order:
Provision | Date of ![]() | ![]() ![]() ![]() ![]() ![]() |
---|---|---|
Section 1 | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Sections 2 and 3 | 1 January 2010 | 2009/3174 (![]() ![]() ![]() |
Section 4 in part | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Section 4 ![]() | ![]() ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Sections 5 and 6 | 1 January 2010 | 2009/3174 (![]() ![]() ![]() |
Section 7 in part | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Section 7 ![]() | ![]() ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Section 8 | 1 January 2010 | 2009/3174 (![]() ![]() ![]() |
Section 9 in part | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Section 9 ![]() | ![]() ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Section 10 | 1 January 2010 | 2009/3174 (![]() ![]() ![]() |
Section 11 in part | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Section 11 ![]() | ![]() ![]() ![]() | 2009/3174 (![]() |
Sections 12 to 14 | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Sections 15 to 17 | 1 January 2010 | 2009/3174 (![]() ![]() ![]() |
Section 18 | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Section 19 | 1 January 2010 | 2009/3174 (![]() ![]() ![]() |
Section 20 | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Sections 40 to 45 | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Section 47 in part | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
Paragraphs 11 to 22 of the Schedule | 7 ![]() ![]() | 2009/3174 (![]() ![]() ![]() |
See also section 49(1) for
the provisions that
come
into
force
on 13 July 2009 (two months after approval of the Measure by Her Majesty in
Council).