Commentary on Sections School language categories Section 10 – Minimum amount of provision of Welsh language education for each language category
42.Section 10(2) sets out the minimum amount of Welsh language education for each language category, and section 10(1) explains that the percentages specified as a minimum are a percentage of the education and training provided over a school year during school sessions for pupils of compulsory school age. Welsh language provision provided outside of school sessions is therefore not to be counted towards meeting the minimum. The term “school sessions” is definedin section 51. In addition, the minimum amount refers to the school’s education and training provision in general – not the provision given to each individual pupil.
43.Section 10(2) specifies that the minimum amounts for the three categories are:
44.In accordance with section 10(3), the Welsh Ministers may make regulations amending the minimum amounts in section 10(2). However, the amended minimum may not be below 80% for the “Primarily Welsh language” category, 50% for the “Dual Language” category, and 10% for the “Primarily English language, partly Welsh” category.
45.Section 10(4) places a duty on the Welsh Ministers to decide whether they will exercise the power to make regulations under subsection (3) in relation to the category “Primarily English language, partly Welsh”" within every 5 year period. They must decide that within the period of 5 years beginning with the day after the day on which the section comes into force, and then within every period of 5 years thereafter.
46.Section 10(5) places a further duty on the Welsh Ministers, when making a decision to exercise the power in subsection (3), to consider the likely effect of the minimum amounts on achieving the targets set by the Welsh language strategy in accordance with section 1 of this Act. This includes the target of one million speakers, and the other targets in section 1. While the duty under subsection (4) to decide whether the minimum should be amended arises every 5 years, the requirement in subsection (5) means that the decision must be made with specific regard to the timetable for reaching the million by 2050.
47.Section 10(6) requires a school’s governing body to ensure that the school provides the minimum amount of Welsh language education, at least, for the language category designated to the school, for each school year to which the delivery plan applies. The term “school year” is defined in section 51.