94.Section 19 makes provision for a further exemption (up to an additional three-year period) for a school’s governing body that was given an exemption in relation to their first delivery plan. As is the case for an exemption under section 18, a second exemption is only applicable to “Primarily English language, partly Welsh” category schools. A second exemption is a possibility if the governing body remains of the view that it is not reasonably practicable for the school to provide the minimum amount of Welsh language education. It is only possible to apply for a further exemption when preparing the second delivery plan (and not during the period of the second delivery plan).
95.Section 19(2) requires the second delivery plan to include additional elements if the governing body seeks a second exemption under this section. This includes the reasons why the proposals in the first delivery plan to ensure the minimum provision were not implemented, or why those proposals did not succeed. A governing body must also set out the support it needs to meet the minimum amount of Welsh language education as soon as possible, and no later than the end of the additional three-year period.
96.The second exemption has the same effect as the first exemption, except that there is no absolute exemption until the end of the three-year period (as in section 18(3)(a)). Instead, the exemption from providing the minimum amount of Welsh language education applies until the date specified in the delivery plan. For example, if a school’s second delivery plan proposes that it will provide the minimum amount of Welsh language education by the end of the second year of that plan, the exemption will not apply for the third year of the plan. In addition, section 19(3)(d) requires a local authority to provide information to the Welsh Ministers detailing the reasons why the delivery plan leading to a second exemption was approved along with information about any support the local authority (or anyone else) has offered to a school’s governing body that has been granted a second exemption. This will enable Welsh Ministers to monitor the use of second exemptions by each local authority.
Commentary on Sections Welsh language education delivery plans Section 19 - Minimum amount of Welsh language education: further exemption