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.