Education Bill [HL]

House of Commons

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Part 5 — General
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120
Subordinate legislation: general provisions
(1)
Any power to make an order or regulations conferred by this Act on the
Secretary of State or the Assembly is exercisable by statutory instrument.
(2)
Any power of the Secretary of State or the Assembly to make an order or
regulations under this Act includes power—
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(a)
to make different provision for different cases or areas,
(b)
to make provision generally or in relation to specific cases, and
(c)
to make such incidental, supplementary, saving or transitional
provision as the Secretary of State or the Assembly thinks fit.
(3)
Regulations under Part 1 may, in particular, include provision for the
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designation by the Secretary of State or the Assembly, in accordance with the
regulations, of particular schools or categories of school for the purposes of the
application of particular provisions of the regulations in relation to such
schools.
(4)
Any power conferred by this Act to give directions includes power, exercisable
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in the same manner and subject to the same conditions or limitations, to revoke
or vary directions previously given.
121
Parliamentary control of subordinate legislation
(1)
Any statutory instrument containing regulations or an order made by the
Secretary of State under any provision of this Act is subject to annulment in
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pursuance of a resolution of either House of Parliament.
(2)
Subsection (1) does not apply to—
(a)
regulations to which subsection (3) applies, or
(b)
an order made under section 125 (commencement).
(3)
A statutory instrument which contains (whether alone or with other
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provisions) regulations made by the Secretary of State under section 124 which
amend or repeal any part of the text of an Act may not be made unless a draft
of the instrument has been laid before, and approved by a resolution of, each
House of Parliament.
122
General interpretation
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(1)
In this Act “the Assembly” means the National Assembly for Wales.
(2)
Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of
this Act specified in subsection (3) are to be read as if those provisions were
contained in that Act.
(3)
The provisions of this Act referred to in subsection (2) are—
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(a)
Part 1 (school inspections);
(b)
Part 2 (school organisation);
(c)
section 102 (LEA targets: England);
(d)
section 108 (supply of information: education maintenance
allowances);
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(e)
section 110 (supply of information: free school lunches, etc.);
(f)
section 114 (supply of information about school workforce).

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(4)
Where an expression is given for the purposes of any provision falling within
subsection (3) a meaning different from that given to it for the purposes of the
Education Act 1996 (c. 56), the meaning given for the purposes of that
provision is to apply instead of the one given for the purposes of that Act.
(5)
Unless the context otherwise requires, any reference in this Act or in any Act
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amended by this Act to a community, foundation or voluntary school or a
community or foundation special school is to such a school within the meaning
of the School Standards and Framework Act 1998 (c. 31).
123
Repeals
Schedule 19 contains repeals.
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124
Power to make further supplementary and consequential provision etc.
(1)
The Secretary of State may at any time by regulations make—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitional, transitory or saving provision,

as he considers necessary or expedient for the purposes of, in consequence of,
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or for giving full effect to, any provision of Parts 1 to 4 of this Act.
(2)
Regulations under subsection (1) may, in particular, make provision—
(a)
amending or repealing any enactment passed before, or in the same
Session as, this Act, and
(b)
amending or revoking any subordinate legislation (within the meaning
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of the Interpretation Act 1978 (c. 30)) made before the passing of this
Act.
(3)
In relation to Wales, the power to make regulations under subsection (1) is also
exercisable by the Assembly.
(4)
Nothing in this Act is to be regarded as limiting the generality of subsection (1).
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125
Commencement
(1)
The following provisions of this Act come into force on the day on which this
Act is passed—
(a)
in Part 1, sections 62 and 63;
(b)
in Part 3—
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section 75(5),
section 78(3),
sections 96 and 97,
section 100, and
paragraph 3 of Schedule 15 (and section 99 so far as relating to that
35
paragraph); and
(c)
in this Part—
sections 119 to 122,
section 124,
this section, and
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sections 126 to 128.

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Part 5 — General
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(2)
The following provisions of Part 4 come into force at the end of the period of
two months beginning with the day on which this Act is passed—
section 102,
sections 107 to 114, and
Schedule 17.
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(3)
The following provisions come into force on 1st September 2005 or, if this Act
is passed after 1st July 2005, at the end of the period of two months beginning
with the day on which it is passed—
(a)
Part 3 (including Schedules 13 to 15), except the provisions specified in
subsection (1)(b), and
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(b)
Part 3 of Schedule 19 (and section 123 so far as relating to that Part of
that Schedule).
(4)
The remaining provisions of this Act come into force in accordance with
provision made by the appropriate authority (as defined in section 126) by
order.
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126
The appropriate authority by whom commencement order is made
(1)
This section has effect for determining who is the appropriate authority for the
purposes of section 125(4).
(2)
In relation to Part 1, the appropriate authority is—
(a)
the Secretary of State, for the following provisions—
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Chapters 1 and 2 (including Schedule 1);
sections 48 and 49;
paragraphs 1 to 4 of Schedule 7 (and section 53 so far as relating to
those paragraphs);
paragraphs 1 to 5, 23 and 26 of Schedule 9 (and section 61 so far as
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relating to those paragraphs),
(b)
the Assembly, for the following provisions—
Chapters 3 and 4 (including Schedules 2 to 4);
section 50 (including Schedule 6);
section 52;
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sections 55 to 57;
paragraph 5 of Schedule 7 (and section 53 so far as relating to that
paragraph);
paragraphs 6, 7, 22, 24, 25 and 27 of Schedule 9 (and section 61 so
far as relating to those paragraphs), and
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(c)
for the other provisions of the Part—
(i)
in relation to England, the Secretary of State, and
(ii)
in relation to Wales, the Assembly.
(3)
In relation to Part 2, the appropriate authority is—
(a)
for sections 70 and 71 and paragraph 9 of Schedule 12 (and section 72
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so far as relating to that paragraph)—
(i)
in relation to England, the Secretary of State, and
(ii)
in relation to Wales, the Assembly, and
(b)
for the other provisions of the Part, the Secretary of State.
(4)
In relation to Part 4, the appropriate authority is—
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Education Bill [HL]
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(a)
the Secretary of State, for the following provisions—
sections 103 and 104;
paragraph 8 of Schedule 16 (and section 101 so far as relating to
that paragraph);
paragraphs 2 to 4 of Schedule 18 (and section 117 so far as relating
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to those paragraphs), and
(b)
for the other provisions of the Part—
(i)
in relation to England, the Secretary of State, and
(ii)
in relation to Wales, the Assembly.
(5)
In relation to section 123 and Schedule 19, the appropriate authority is—
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(a)
the Secretary of State, for a repeal contained in Part 2 of the Schedule,
and
(b)
for a repeal contained in Part 1 or 4 of the Schedule, the appropriate
authority for the purposes of section 125(4) in relation to the provision
on which the repeal is consequential.
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127
Extent
(1)
Subject to subsections (2) and (3), this Act extends to England and Wales only.
(2)
The following provisions extend also to Scotland and Northern Ireland—
sections 108 and 109 (supply of information: education maintenance
allowances),
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section 124, so far as relating to those sections, and
the other provisions of this Part except sections 119, 122 and 123.
(3)
Any amendment or repeal made by this Act has the same extent as the
enactment amended or repealed.
128
Short title, etc.
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(1)
This Act may be cited as the Education Act 2005.
(2)
This Act shall be included in the list of Education Acts set out in section 578 of
the Education Act 1996 (c. 56).