The Education (Arrangements for Assessing in the Curriculum for Wales) Regulations 2022

• Citation: S.I. 2022/17 (W.)
• Sections: 10

Section 1 Title and commencement

(1) The title of these Regulations is the Education (Arrangements for Assessing in the Curriculum for Wales) Regulations 2022.

(2) These Regulations come into force on 1 September 2022—

(a) for pupils and children for whom nursery education is provided,

(b) for pupils in a reception year at a maintained school,

(c) for pupils in years 1 to 6 at a maintained school ,

(d) for pupils in year 7 at a maintained school where the head teacher and governing body have adopted a relevant curriculum under Part 2 of the 2021 Act,

(e) for pupils in years 1 to 6 at a pupil referral unit ,

(f) for pupils in year 7 at a pupil referral unit where the local authority, the management committee (if any) and the teacher in charge have a relevant curriculum for that unit which meets the requirements of section 50 of the 2021 Act, and

(g) for pupils and children in year 7 and who are provided with non-PRU EOTAS where the local authority has a relevant curriculum which meets the requirements of section 53 of the 2021 Act.

(3) These Regulations come into force on 1 September 2023—

(a) for pupils in year 7 at a maintained school and who, on 1 September 2022, are not within paragraph (2)(d),

(b) for pupils in year 7 at a pupil referral unit and who are not within paragraph (2)(f),

(c) for pupils and children in year 7 and who are provided with non-PRU EOTAS and who are not within paragraph (2)(f),

(d) for pupils in year 8 at a maintained school,

(e) for pupils in year 8 at a pupil referral unit, and

(f) for pupils and children in year 8 and who are provided with non-PRU EOTAS.

(4) These Regulations come into force on 1 September 2024—

(a) for pupils in year 9 at a maintained school,

(b) for pupils in year 9 at a pupil referral unit, and

(c) for pupils and children in year 9 and who are provided with non-PRU EOTAS.

(5) These Regulations come into force on 1 September 2025—

(a) for pupils in year 10 at a maintained school,

(b) for pupils in year 10 at a pupil referral unit, and

(c) for pupils and children in year 10 and who are provided with non-PRU EOTAS.

(6) These Regulations come into force on 1 September 2026—

(a) for pupils in year 11 at a maintained school,

(b) for pupils in year 11 at a pupil referral unit, and

(c) for pupils and children in year 11 and who are provided with non-PRU EOTAS.

Section 2 Interpretation

In these Regulations—

“ the 1996 Act ” (“ Deddf 1996 ”) means the Education Act 1996 ;

“ the 2021 Act ” (“ Deddf 2021 ”) means the Curriculum and Assessment (Wales) Act 2021;

“ child ” (“ plentyn ”) has the meaning given to it in section 579(1) of the 1996 Act;

“ compulsory school age ” (“ oedran ysgol gorfodol ”) has the meaning given to it in section 8 of the 1996 Act ;

“ funded non-maintained nursery education ” (“ addysg feithrin a gyllidir ond nas cynhelir ”) has the meaning given to it in section 80(1)(a) of the 2021 Act;

“ maintained school ” (“ ysgol a gynhelir ”) has the meaning given to it in section 79(1)(a) of the 2021 Act;

“ maintained nursery school ” (“ ysgol feithrin a gynhelir ”) has the meaning given to it in section 79(1)(b) of the 2021 Act;

“ nursery education ” (“ addysg feithrin ”) means education provided to children and pupils below compulsory school age—

in a maintained school or a maintained nursery school, or

by the provider of funded non-maintained nursery education;

“ non-PRU EOTAS ” (“ addysg ac eithrio yn yr ysgol nad yw mewn UCD ”) means education arranged or provided by a local authority under section 19A of the 1996 Act otherwise than at a pupil referral unit and which meets the requirements of section 53 of the 2021 Act;

“ practitioner ” (“ ymarferydd ”) means a person who provides teaching and learning in respect of the relevant curriculum;

“ pupil ” (“ disgybl ”) has the meaning given to it in section 3 of the 1996 Act ;

“ pupil referral unit ” (“ uned cyfeirio disgyblion ”) has the meaning given to it in section 81(1) of the 2021 Act;

“ reception year ” (“ blwyddyn derbyn ”) means a year group in which the majority of the pupils attain the age of 5;

“ registered pupil ” (“ disgybl cofrestredig ”) has the meaning given to it by section 434(5) of the 1996 Act;

“ relevant curriculum ” (“ cwricwlwm perthnasol ”) has the meaning given to it in section 56(5) of the 2021 Act;

“ relevant person ” (“ person perthnasol ”) means—

in relation to a maintained school or a maintained nursery school, the head teacher and the governing body of that school,

in relation to funded non-maintained nursery education, the provider of that education,

in relation to a pupil referral unit the teacher in charge, the management committee and the local authority which maintains that pupil referral unit, and

in relation to non-PRU EOTAS, the local authority arranging or providing the education under section 19A of the 1996 Act;

“ school term ” (“ tymor ysgol ”) means the dates on which the school terms and holidays are to begin and end;

“ school year ” (“ blwyddyn ysgol ”) means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

“ year 1 ” (“ blwyddyn 1 ”) means a year group in which the majority of pupils attain the age of 6;

“ year 2 ” (“ blwyddyn 2 ”) means a year group in which the majority of pupils attain the age of 7;

“ year 3 ” (“ blwyddyn 3 ”) means a year group in which the majority of pupils attain the age of 8;

“ year 4 ” (“ blwyddyn 4 ”) means a year group in which the majority of pupils attain the age of 9;

“ year 5 ” (“ blwyddyn 5 ”) means a year group in which the majority of pupils attain the age of 10;

“ year 6 ” (“ blwyddyn 6 ”) means a year group in which the majority of pupils attain the age of 11;

“ year 7 ” (“ blwyddyn 7 ”) means a year group in which the majority of pupils attain the age of 12;

“ year 8 ” (“ blwyddyn 8 ”) means a year group in which the majority of pupils attain the age of 13;

“ year 9 ” (“ blwyddyn 9 ”) means a year group in which the majority of pupils attain the age of 14;

“ year 10 ” (“ blwyddyn 10 ”) means a year group in which the majority of pupils attain the age of 15;

“ year 11 ” (“ blwyddyn 11 ”) means a year group in which the majority of pupils attain the age of 16.

Section 3 Making of ongoing assessments throughout the school year

(1) The persons set out in paragraph (2) must make arrangements for the ongoing assessment of every pupil and child throughout the school year by a practitioner in accordance with this regulation.

(2) The persons referred to in paragraph (1) are—

(a) in relation to a maintained school or a maintained nursery school, the head teacher of that school,

(b) in relation to funded non-maintained nursery education, the provider of that education,

(c) in relation to a pupil referral unit, the teacher in charge, the management committee and the local authority which maintains that pupil referral unit, and

(d) in relation to non-PRU EOTAS, the local authority arranging or providing the education under section 19A of the 1996 Act.

(3) The purpose of the assessment arrangements is to assess, in relation to the relevant curriculum—

(a) the progress made by pupils and children,

(b) the next steps in their progression, and

(c) the teaching and learning needed to make that progress.

(4) The assessment arrangements must be suitable for pupils and children of differing ages, abilities and aptitudes.

(5) The persons set out in paragraph (2) must make the assessment arrangements at the same time as designing the relevant curriculum.

(6) A provider of funded non-maintained nursery education may adopt for the purposes of paragraph (1) the assessment arrangements published by the Welsh Ministers under regulation 9.

Section 4 Implementation of ongoing assessments throughout the school year

The assessment arrangements in regulation 3 must be implemented by the relevant person.

Section 5 Review and revision of ongoing assessment arrangements

(1) The relevant person must keep the assessment arrangements in regulation 3 under review.

(2) The relevant person must revise the assessment arrangements in regulation 3—

(a) if that person considers the assessment arrangements no longer meet the requirements of regulation 3,

(b) if that person revises the curriculum under section 12, 16, 51 or 54 of the 2021 Act,

(c) in relation to a provider who has adopted the assessment arrangements published by the Welsh Ministers under regulation 9, if the Welsh Ministers have revised the assessment arrangements published under regulation 10, or

(d) if that person considers it appropriate to do so at any time.

Section 6 Making of arrangements for assessing on entry

(1) The persons set out in paragraph (2) must make arrangements for every pupil and child to be assessed by a practitioner in accordance with this regulation.

(2) The persons referred to in paragraph (1) are—

(a) in relation to a maintained school or a maintained nursery school, the head teacher of that school,

(b) in relation to funded non-maintained nursery education, the provider of that education,

(c) in relation to a pupil referral unit, the teacher in charge, the management committee and the local authority which maintains that pupil referral unit, and

(d) in relation to non-PRU EOTAS, the local authority arranging or providing the education under section 19A of the 1996 Act.

(3) The purpose of the assessment arrangements is to assess, in relation to the relevant curriculum the abilities and aptitudes of pupils and children in order to determine—

(a) the next steps in their progression, and

(b) the teaching and learning needed to make that progress.

(4) The assessment arrangements must—

(a) be suitable for pupils and children of differing ages, abilities and aptitudes, and

(b) include arrangements for assessing—

(i) the numeracy and literacy skills of pupils and children, and

(ii) the physical, social and emotional development of pupils and children.

(5) The assessments must take place—

(a) within 6 weeks of the child or pupil first being provided with nursery education,

(b) within 6 weeks of the pupil first beginning in the reception year in a maintained school when they were not previously a registered pupil at that school,

(c) within 6 weeks of the pupil first beginning in year 1 in a maintained school,

(d) within 6 weeks of the pupil first registering as a pupil in a pupil referral unit,

(e) within 6 weeks of the pupil registering as a pupil at a maintained school or a pupil referral unit in any other circumstance not set out in paragraphs (b) to (d), and

(f) within 6 weeks of the child being provided with education under section 19A of the 1996 Act other than in a pupil referral unit.

(6) A provider of funded non-maintained nursery education may adopt for the purposes of paragraph (1) the assessment arrangements published by the Welsh Ministers under regulation 9.

Section 7 Implementation of arrangements for assessing on-entry

The assessment arrangements in regulation 6 must be implemented by the relevant person.

Section 8 Review and revision of the arrangements for assessing on-entry

(1) The relevant person must keep the assessment arrangements in regulation 6 under review.

(2) The relevant person must revise the assessment arrangements made under regulation 6—

(a) if that person considers the assessment arrangements no longer meet the requirements of regulation 6,

(b) if that person revises the curriculum under section 12, 16, 51 or 54 of the 2021 Act,

(c) in relation to a provider who has adopted the assessment arrangements published by the Welsh Ministers under regulation 9, if the Welsh Ministers have revised the assessment arrangements published under regulation 10, or

(d) if that person considers it appropriate to do so at any time.

Section 9 Welsh Ministers’ duty to publish assessment arrangements

(1) Subject to paragraph (2) the Welsh Ministers must publish assessment arrangements for children provided with funded non-maintained nursery education (“regulation 9 assessment arrangements”).

(2) The Welsh Ministers must publish the regulation 9 assessment arrangements for the first time no later than 1 September 2023.

(3) The assessment arrangements must meet the requirements of regulations 3 and 6.

Section 10 Review and revision of assessment arrangements published by the Welsh Ministers

(1) The Welsh Ministers must—

(a) keep the regulation 9 assessment arrangements under review, and

(b) review the regulation 9 assessment arrangements when they review the relevant curriculum under section 14 of the 2021 Act.

(2) The Welsh Ministers must revise the regulation 9 assessment arrangements if they—

(a) consider those assessment arrangements no longer meet the requirements in regulation 3(1) to (5) or 6(1) to (5),

(b) revise the curriculum under section 16 of the 2021 Act, or

(c) consider it appropriate to do so at any time.