COMMENTARY ON SECTIONS Sections 21 – 39 amend, in most cases by inserting new sections, the Learning and Skills Act 2000 Section 22 Formation of local curricula for students aged 16 to 18 (section 33A of the Learning and Skills Act 2000)
63.This section provides for at least one local curriculum for students aged 16 to 18 be formed for the area of each LEA in Wales.
64.Subsection (1) provides that it is the Welsh Minister’s duty to form local curricula under this section. Accordingly, a different approach is taken in relation to 16 to 18 year olds than is taken under Part 1 of the Measure in relation to 14 to 16 year olds. This is as a consequence of funding responsibilities. The Welsh Ministers are directly responsible for funding further education in Wales and it is therefore appropriate that they form the local curricula. The contents of local curricula will have to be constrained by available resources and it is therefore necessary that the body that controls resources also controls the contents of local curricula.
65.Subsection (2) states that the local curriculum must consist of courses of study falling within the learning domains described in subsection (3) and selected by the Welsh Ministers. The Welsh Ministers, if they see fit, will be able to make arrangements under section 83 of the Government of Wales Act 2006 for a relevant authority to exercise their functions under this section. For example, the Welsh Ministers could make arrangements with a local education authority so that it selected on behalf of the Welsh Ministers the courses of study to be included in the local curriculum for the authority’s area.
66.Subsection (3) defines the learning domains which constitute the categories of the local curriculum. These are the same as those for pupils aged 14 to 16 at
Key Stage 4 to provide the opportunity for continuity and progression throughout the 14-18 phase of education.
67.Subsection (4) provides that a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.