
2022 No. 517 (W. 124)
Education, Wales
The Education (Revocation of Assessment Arrangements in the National Curriculum and Miscellaneous Amendments) (Wales) Regulations 2022
Made 8 May 2022
Laid before Senedd Cymru 9 May 2022
Coming into force 30 May 2022

The Welsh Ministers, in exercise of the powers in sections 29(3) and (5), 408(1), 537(1), (4) and (7), 537A(1), (2) and (3) and 569(4) of, and paragraph 3 of Schedule 1 to, the Education Act 1996, in section 108(2)(b)(iii) and (3)(c), and in section 210(7) of the Education Act 2002, make the following Regulations.

The Welsh Ministers in accordance with section 408(5) of the Education Act 1996 have consulted such persons as appeared to the Welsh Ministers to be desirable.
PART 1 General
Title, commencement and application
1 

(1) The title of these Regulations is the Education (Revocation of Assessment Arrangements in the National Curriculum and Miscellaneous Amendments) (Wales) Regulations 2022.
(2) These Regulations come into force on 30 May 2022.
(3) These Regulations apply in relation to Wales.
Interpretation
2 
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;
 “class” (“dosbarth”) has the meaning given to it in section 82(1) of the 2021 Act;
 “nursery year” (“blwyddyn meithrin”) means the school year in which the majority of the pupils in the class attain the age of 4;
 “pupil” (“disgybl”) has the meaning given to it in section 3 of the 1996 Act;
 “reception year” (“blwyddyn derbyn”) means the school year in which the majority of the pupils in the class attain the age of 5;
 “school year” (“blwyddyn ysgol”) has the meaning given to it in section 579(1) of the 1996 Act;
 “special school” (“ysgol arbennig”) has the meaning given to it in section 337(2) of the 1996 Act;
 “year 1” (“blwyddyn 1”) means the school year in which the majority of the pupils in the class attain the age of 6;
 “year 2” (“blwyddyn 2”) means the school year in which the majority of pupils in the class attain the age of 7;
 “year 3” (“blwyddyn 3”) means the school year in which the majority of pupils in the class attain the age of 8;
 “year 4” (“blwyddyn 4”) means the school year in which the majority of pupils in the class attain the age of 9;
 “year 5” (“blwyddyn 5”) means the school year in which the majority of pupils in the class attain the age of 10;
 “year 6” (“blwyddyn 6”) means the school year in which the majority of pupils in the class attain the age of 11;
 “year 7” (“blwyddyn 7”) means the school year in which the majority of pupils in the class attain the age of 12;
 “year 8” (“blwyddyn 8”) means the school year in which the majority of pupils in the class attain the age of 13;
 “year 9” (“blwyddyn 9”) means the school year in which the majority of pupils in the class attain the age of 14.
PART 2 Revocation, Disapplication and Transitional Provision
The National Curriculum (Key Stage 2 Assessment Arrangements) (Wales) Order 2004
3 
The National Curriculum (Key Stage 2 Assessment Arrangements) (Wales) Order 2004 is revoked.
The National Curriculum (Key Stage 3 Assessment Arrangements) (Wales) Order 2005
4 

(1) The National Curriculum (Key Stage 3 Assessment Arrangements) (Wales) Order 2005 (“the 2005 Order”) does not apply to pupils in special schools from the school year 2021 to 2022.
(2) The following Orders are revoked on 1 September 2024—
(a) the 2005 Order, and
(b) the National Curriculum (Amendments to the Key Stage 2 and Key Stage 3 Assessment Arrangements) (Wales) Order 2011.
The Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013
5 

(1) The Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013 (“the 2013 Order”) is to apply subject to the transitional provisions in paragraphs (2) to (5).
(2) The transitional provisions apply to pupils—
(a) in year 2, year 3, year 4, year 5 and year 6 from the school year 2022 to 2023,
(b) in year 7 where the head teacher and governing body have adopted a relevant curriculum under Part 2 of the 2021 Act, from the school year 2022 to 2023,
(c) in year 7 who on 1 September 2022, are not within sub-paragraph (b), from the school year 2023 to 2024,
(d) in year 8 from the school year 2023 to 2024, and
(e) in year 9 from the school year 2024 to 2025.
(3) In article 2(1) of the 2013 Order—
(a) the definitions of “the NNT”, the “NRTE” and the “NRTW” are to be read as if the words “National Curriculum” were omitted,
(b) the following definitions are to be treated as if they were omitted—
(i) “the Welsh document”,
(ii) “Welsh programme of study”, and
(iii) “Welsh second language programme of study”,
(c) for the definition of “year 2” substitute—“
 “year 2” (“blwyddyn 2”) means the school year in which the majority of pupils in the class attain the age of 7;”,
(d) for the definition of “year 3” substitute—“
 “year 3” (“blwyddyn 3”) means the school year in which the majority of pupils in the class attain the age of 8;”,
(e) for the definition of “year 4” substitute—“
 “year 4” (“blwyddyn 4”) means the school year in which the majority of pupils in the class attain the age of 9;”,
(f) for the definition of “year 5” substitute—“
 “year 5” (“blwyddyn 5”) means the school year in which the majority of pupils in the class attain the age of 10;”,
(g) for the definition of “year 6” substitute—“
 “year 6” (“blwyddyn 6”) means the school year in which the majority of pupils in the class attain the age of 11;”,
(h) for the definition of “year 7” substitute—“
 “year 7” (“blwyddyn 7”) means the school year in which the majority of pupils in the class attain the age of 12;”,
(i) for the definition of “year 8” substitute—“
 “year 8” (“blwyddyn 8”) means the school year in which the majority of pupils in the class attain the age of 13”; and
(j) for the definition of year 9 substitute—“
 “year 9” (“blwyddyn 9”) means the school year in which the majority of pupils in the class attain the age of 14.”.
(4) For article 3(1) substitute—“
(1) Subject to paragraph (4), this article applies to—
(a) a pupil in years 4 to 9; and
(b) a pupil in years 2 and 3 where, in the opinion of the head teacher, the majority of that pupil’s lessons are taught through the medium of English.”
(5) For article 4(1) substitute—“
(1) Subject to paragraph (4), this article applies to a pupil in years 2 to 9 where, in the opinion of the head teacher, the majority of that pupil’s lessons are taught through the medium of Welsh.”
(6) The following Orders are revoked on 1 September 2024—
(a) the 2013 Order; and
(b) the Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) (Amendment) Order 2018.
The National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third Key Stages) (Wales) Order 2014
6 

(1) The National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third Key Stages) (Wales) Order 2014 (“the 2014 Order”) does not apply in the circumstances set out in paragraph (2).
(2) The 2014 Order does not apply—
(a) from the school year 2022 to 2023 to children and pupils in—
(i) the nursery year,
(ii) the reception year, and
(iii) year 1, year 2, year 3, year 4, year 5 and year 6,
(b) from the school year 2022 to 2023 to pupils in year 7 where the head teacher and governing body have adopted a relevant curriculum under Part 2 of the 2021 Act, and
(c) from the school year 2023 to 2024 to pupils in year 7 and year 8.
(3) The 2014 Order is revoked on 1 September 2024.
The National Curriculum (Moderation of Assessment Arrangements for the Second and Third Key Stages) (Wales) Order 2015
7 
The National Curriculum (Moderation of Assessment Arrangements for the Second and Third Key Stages) (Wales) Order 2015 is revoked on 30 May 2022.
The National Curriculum (Desirable Outcomes, Educational Programmes and Baseline and End of Phase Assessment Arrangements for the Foundation Phase) (Wales) Order 2015
8 

(1) In the National Curriculum (Desirable Outcomes, Educational Programmes and Baseline and End of Phase Assessment Arrangements for the Foundation Phase) (Wales) Order 2015 (“the 2015 Order”) omit Parts 3 and 4.
(2) The following Orders are revoked on 1 September 2022—
(a) the 2015 Order, and
(b) the National Curriculum (Desirable Outcomes, Educational Programmes and Baseline and End of Phase Assessment Arrangements for the Foundation Phase) (Wales) (Amendment) Order 2016.
PART 3 Consequential and Miscellaneous Amendments
The Amendment of the Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 2011
9 

(1) The Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 2011 are amended as set out in paragraphs (2) to (4).
(2) In regulation 2 for the definition of “statutory assessments” substitute—“
 “statutory assessments” (“asesiadau statudol”) means the assessment arrangements specified in—
(a) the National Curriculum (Key Stage 3 Assessment Arrangements) (Wales) Order 2005;
(b) the Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013;
(c) the National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third Key Stages) (Wales) Order 2014; and
(d) Part 3 of the National Curriculum (Desirable Outcomes, Educational Programmes and Baseline and End of Phase Assessment Arrangements for the Foundation Phase) (Wales) Order 2015 for the 2021 to 2022 school year only;”.
(3) In regulation 4A omit paragraphs (a) and (b).
(4) In the Schedule omit paragraph 2 of Part 1.
The Amendment of the School Performance Information (Wales) Regulations 2011
10 

(1) The School Performance Information (Wales) Regulations 2011 are amended as set out in paragraphs (2) to (3).
(2) In regulation 2(1) for the definition of “statutory assessments” substitute—“
 “statutory assessments” (“asesiadau statudol”) means the assessment arrangements specified in—
(a) the National Curriculum (Key Stage 3 Assessment Arrangements) (Wales) Order 2005;
(b) the Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013;
(c) the National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third Key Stages) (Wales) Order 2014; and
(d) in Part 3 of the National Curriculum (Desirable Outcomes, Educational Programmes and Baseline and End of Phase Assessment Arrangements for the Foundation Phase) (Wales) Order 2015 for the 2021 to 2022 school year only;”.
(3) For Schedule 2 substitute—“
SCHEDULE 2
Provision of Information to Governing Bodies, Local Authorities and Welsh Ministers: Foundation Phase and Key Stage Results
Regulations 4, 5 and 6
1. 
Subject to paragraph 3, in respect of each registered pupil in the foundation phase, second key stage and third key stage, the results of the pupil’s statutory assessments.
2. 
Where some or all of the results set out in paragraph 1 are not available—
(a) whether the pupil was exempted from the statutory assessments under section 113 or 114 of the 2002 Act; or
(b) whether the results of the pupil’s statutory assessments are not available for reasons other than the pupil’s exemption under section 113 or 114 of the 2002 Act.
3. 
For the purposes of regulations 5 and 6, paragraph 1 does not include the results of the Education (National Curriculum) (Assessment Arrangements for Reading and Numeracy) (Wales) Order 2013.”
The Amendment to the School Information (Wales) Regulations 2011
11 
In regulation 5 of the School Information (Wales) Regulations 2011 omit paragraph (2)(c).
Jeremy Miles
Minister for Education and Welsh Language, one of the Welsh Ministers
