RESIDENTIAL OUTDOOR EDUCATION (WALES) BILL
STATEMENT OF POLICY INTENT FOR SUBORDINATE
LEGISLATION AND GUIDANCE TO BE MADE UNDER THIS
BILL
NOVEMBER 2023
RESIDENTIAL OUTDOOR EDUCATION (WALES) BILL
STATEMENT OF POLICY INTENT FOR SUBORDINATE LEGISLATION AND
GUIDANCE TO BE MADE UNDER THIS BILL
Introduction
This document provides an indication of the current policy intention for the
subordinate legislation, guidance and other documents that the Welsh Ministers
are empowered or required to make or issue under the provisions of the
Residential Outdoor Education (Wales) Bill (‘the Bill’), as introduced on 24
November 2023. It has been prepared in order to assist Senedd Committees
and Senedd Members during the scrutiny of the Bill and should be read in
conjunction with the Bill and the Explanatory Memorandum and Explanatory
Notes which accompany it.
Overview of the Bill
The Bill establishes a framework to provide that all pupils in maintained schools
in Wales will be entitled to experience residential outdoor education which is to
be funded by the Welsh Government.
The Bill amends the Curriculum and Assessment (Wales) Act 2021 (“the 2021
Act”), to impose a duty on the Welsh Ministers to take all reasonable steps to
ensure that the opportunity to experience residential outdoor education is
afforded to all pupils in maintained schools in Wales once, free of charge. Such
steps include making a course of residential outdoor education part of the
Curriculum for Wales under the 2021 Act; issuing a Residential Outdoor
Education Code which will set out how residential outdoor education is to be
provided under the new provisions of the 2021 Act; and issuing guidance to
persons specified in the 2021 Act which will set out the detail of how residential
outdoor education is to be provided in practice.
The Bill makes specific provision for the Welsh Ministers to provide additional
funding to local authorities to meet the cost of the duties imposed on local
authorities as a result of the Bill. It also makes it clear that no charge can be
made in respect of the cost of board and lodging on a residential outdoor
education experience provided under the Bill.
Subordinate legislation making powers in the Bill
The Bill contains one regulation making power in section 4 which is subject to
the affirmative Senedd procedure as set out in Standing Order 27.5.
The Bill also imposes a duty upon the Welsh Ministers in section 1(2) to publish
a Residential Outdoor Education Code which will be subject to the negative
Senedd procedure as set out in Standing Order 27.2, and a duty to issue
guidance which will not be subject to any Senedd scrutiny procedure.
The information contained in this Statement on the subordinate legislation
making powers in the Bill corresponds to the information provided in Chapter 6
of the Explanatory Memorandum (Power to make subordinate legislation).
Section 5 of the Bill (Commencement) specifies that sections 1 to 3 will come
into force at the end of the period of 3 months beginning with the day on which
the Bill receives Royal Assent. The remaining sections come into force on the
day after the day on which the Bill receives Royal Assent.
Section 1(2) – the Residential Outdoor Education Code
This provision introduces a new section 64A into the 2021 Act which places the
Welsh Ministers under a duty to issue a Residential Outdoor Education Code
setting out the way in which a curriculum is to make provision for residential
outdoor education. The Welsh Government may consider giving more detail in
the Code of what is meant by residential outdoor education, potentially
including a definition.
The Code can be issued only after being laid before the Senedd and will not be
issued if within 40 days the Senedd resolves not to approve it. The first
Residential Outdoor Education Code must be issued within 1 year of section
1(2) coming into force.
The fundamental policy intent of the Residential Outdoor Education Code is to
set out the way in which a curriculum is to make provision for residential
outdoor education. This will assist schools to develop their curriculum and
ensure consistency across the country as to the manner in which residential
outdoor education is provided. It is likely that amendments may be required
over time to reflect the changing needs of pupils, changes within the residential
outdoor education sector, or indeed changes in society. As such it is
appropriate that this detail is issued as a Code rather than being contained in
the Bill.
Residential outdoor education provided under the 2021 Act must accord with
the Residential Outdoor Education Code.
Section 1(3) - Duty to issue guidance in respect of residential outdoor
education
This provision introduces a new section 71A into the 2021 Act which requires
the Welsh Ministers to issue guidance under section 71 of the 2021 Act in
respect of residential outdoor education. Consultation with those that the Welsh
Ministers consider to be appropriate is required under section 71 before such
guidance can be issued.
The new section 71A of the 2021 Act will list the matters which must or may be
included in the guidance. The intention is that the Welsh Ministers will be able
to issue guidance which provides the detail of the practical aspects of providing
residential outdoor education under the Bill. It may be necessary for the Welsh
Ministers to amend the guidance to reflect changing circumstances within the
education sector or the residential outdoor education sector and therefore it is
more appropriate for the details to be included in guidance rather than on the
face of the Bill.
Section 71 of the 2021 Act sets out who must have regard to the guidance.
Section 4 – Power to make transitional provision
Section 4 of the Bill inserts a new section 74A into the 2021 Act to state that
the Welsh Ministers may make transitional provision in respect of the coming
into force of the new sections 64A, 64B and 71A of the 2021 Act.
Section 4 is intended to provide flexibility in the introduction of the new duty to
offer residential outdoor education to all pupils whilst they are registered at
maintained schools. This is to enable the Welsh Ministers to introduce the duty
on a phased basis if required.
- Elections and Elected Bodies (Wales) Act 2024 - 12 February 2024
- Residential Outdoor Education (Wales) Bill - Business Committee’s Report on the timetable for consideration of the Bill: 24 November 2023
- Residential Outdoor Education (Wales) Bill - Presiding Officer’s Statement: 24 November 2023
- Residential Outdoor Education (Wales) Bill - Letter from Sam Rowlands MS, Member in Charge of the Bill – 23 January 2023
- Residential Outdoor Education (Wales) Bill - response