|
| |
|
(i) | to participate effectively in education or training, |
| |
(ii) | to take advantage of opportunities for employment, or |
| |
(iii) | to participate effectively in the life of their communities; |
| |
(i) | travel of persons receiving primary, secondary or further education or |
| |
training to and from the schools or other places where they receive it; |
| 5 |
(j) | food and drink provided on school premises or provided for children |
| |
at a place where they receive education or childcare. |
| |
(2) | Regulations under subsection (1) may also make provision for any purpose |
| |
connected with provision made under any of paragraphs (a) to (j) of that |
| |
| 10 |
(3) | Subsection (1) has effect subject to section 155. |
| |
(4) | Subject to that section, the provision that may be made under subsection (1) |
| |
includes any provision that could be made by Act of Parliament. |
| |
(5) | The inclusion in this Act of any provision in relation to Wales about any of the |
| |
matters mentioned in subsection (1)(a) to (j) does not affect the powers |
| 15 |
conferred on the Assembly by this section (which may accordingly be |
| |
exercised so as to repeal or amend that provision). |
| |
(6) | Expressions used in this section and in EA 1996 have the same meaning in this |
| |
| |
155 | Restrictions on framework power conferred by section 154 |
| 20 |
(1) | The power conferred by section 154 does not include power— |
| |
(a) | to make any provision imposing or increasing taxation; |
| |
(b) | to make provision taking effect from a date earlier than that of the |
| |
making of the instrument containing the provision; |
| |
(c) | to confer any power to legislate by means of orders, rules, regulations |
| 25 |
or other subordinate instrument, other than rules of procedure for any |
| |
| |
(d) | to create any new indictable offence; |
| |
(e) | except in relation to any of the matters mentioned in section 154(1)(e), |
| |
to create any new summary offence; |
| 30 |
(f) | to create (in relation to any of those excepted matters) any new |
| |
summary offence that is punishable with imprisonment or with a fine |
| |
exceeding level 3 on the standard scale; |
| |
(g) | to make provision extending otherwise than to England and Wales; |
| |
(h) | to make provision applying in relation to England, except with the |
| 35 |
consent of the Secretary of State. |
| |
(2) | Subsection (1)(c) does not preclude the modification of a power to legislate |
| |
conferred otherwise than under this section, or the extension of any such |
| |
power to purposes of the like nature as those for which it was conferred. |
| |
(3) | A power to give directions as to matters of administration is not to be regarded |
| 40 |
as a power to legislate within the meaning of subsection (1)(c). |
| |
(4) | Paragraphs (d) and (e) of subsection (1) do not preclude the modification of |
| |
| |
|
| |
|
| |
|
(5) | The power conferred by section 154(1)(e) may not, except with the consent of |
| |
the Secretary of State, be exercised so as to make provision about any of the |
| |
| |
| |
| 5 |
(c) | powers to seize, detain or dispose of property, or |
| |
(d) | the functions of chief officers of police or persons under their direction |
| |
| |
(6) | The power conferred by section 154(1)(h) may not, except with the consent of |
| |
the Secretary of State, be exercised so as to make provision about the functions |
| 10 |
| |
(a) | a chief officer of police, |
| |
| |
(c) | a local probation board established under section 4 of the Criminal |
| |
Justice and Court Services Act 2000 (c. 43), or |
| 15 |
(d) | a youth offending team established under section 39 of the Crime and |
| |
Disorder Act 1998 (c. 37). |
| |
(7) | The power conferred by section 154(1)(i) may not be exercised so as to make |
| |
| |
(a) | a matter falling within any of the exceptions specified in paragraph 10 |
| 20 |
of Schedule 7 to the Government of Wales Act 2006, or |
| |
(b) | the registration of local bus services. |
| |
156 | Functions to be exercisable by National Assembly for Wales |
| |
(1) | Any function conferred on the Secretary of State by virtue of the amendments |
| |
made by the provisions mentioned in subsection (2), so far as exercisable in |
| 25 |
relation to Wales, is to be taken to have been transferred to the Assembly by an |
| |
Order in Council under section 22 of the Government of Wales Act 1998 (c. 38). |
| |
(2) | Those provisions are— |
| |
section 4 (duty to identify children not receiving education); |
| |
sections 37 to 43 (school admissions); |
| 30 |
section 73 (provision of food and drink on school premises etc); |
| |
section 148 (provision of information about children receiving funded |
| |
education outside school); |
| |
section 150 (maintained nursery schools: amendment of sections 496 and |
| |
| 35 |
Schedule 5 (funding of maintained schools). |
| |
157 | Orders and regulations: 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 |
| 40 |
regulations under this Act includes power— |
| |
(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, transitional or saving |
| |
provision as the Secretary of State or the Assembly thinks fit. |
| 45 |
|
| |
|
| |
|
158 | Parliamentary control of orders and regulations |
| |
(1) | Subject to subsection (2), any statutory instrument containing regulations or an |
| |
order made under this Act by the Secretary of State is subject to annulment in |
| |
pursuance of a resolution of either House of Parliament. |
| |
(2) | Subsection (1) does not apply to— |
| 5 |
(a) | an order under section 14(7)(b) (designation of primary school as rural |
| |
primary school for purposes of sections 14 and 15), |
| |
(b) | an order under section 164(3) (commencement), or |
| |
(c) | an instrument to which subsection (3) applies. |
| |
(3) | A statutory instrument which contains (alone or with other provisions)— |
| 10 |
(a) | an order under section 67 (power to repeal the school travel scheme |
| |
| |
(b) | regulations under section 159 which amend or repeal any provision of |
| |
| |
| may not be made unless a draft of the instrument has been laid before, and |
| 15 |
approved by a resolution of, each House of Parliament. |
| |
159 | Power to make consequential and transitional provision etc |
| |
(1) | The Secretary of State may by regulations make— |
| |
(a) | any supplementary, incidental or consequential provision, and |
| |
(b) | any transitional or saving provision, |
| 20 |
| that he considers necessary or expedient for the purposes of, in consequence of, |
| |
or for giving full effect, to any provision of this Act. |
| |
(2) | Regulations under this section may in particular— |
| |
(a) | provide for any provision of this Act which comes into force before |
| |
another provision has come into force to have effect, until that other |
| 25 |
provision has come into force, with specified modifications; |
| |
(b) | amend or repeal any provision of— |
| |
(i) | an Act passed before or in the same Session as this Act, or |
| |
(ii) | subordinate legislation made before the passing of this Act. |
| |
(3) | Nothing in this section limits the power by virtue of section 157(2) to include |
| 30 |
transitional or saving provision in an order under section 164(3) |
| |
| |
(4) | The amendments that may be made by virtue of subsection (2)(b) are in |
| |
addition to those that are made, or may be made under, any other provision of |
| |
| 35 |
| |
The enactments specified in Schedule 18 (which include spent enactments) are |
| |
repealed to the extent specified. |
| |
| |
(1) | There is to be paid out of money provided by Parliament— |
| 40 |
(a) | any expenditure incurred by virtue of this Act by the Office for Standards in |
| |
Education, Children’s Services and Skills or by a Minister of the Crown, and |
| |
|
| |
|
| |
|
(b) | any increase attributable to this Act in the sums payable under any other Act |
| |
out of money so provided. |
| |
(2) | There are to be paid into the Consolidated Fund— |
| |
(a) | sums received by Her Majesty’s Chief Inspector of Education, Children’s |
| |
Services and Skills by virtue of this or any other Act, and |
| 5 |
(b) | sums received by a Minister of the Crown by virtue of this Act. |
| |
162 | Abbreviations of Acts |
| |
| |
“EA 1996” means the Education Act 1996 (c. 56); |
| |
“EA 2002” means the Education Act 2002 (c. 32); |
| 10 |
“EA 2005” means the Education Act 2005 (c. 18); |
| |
“SSFA 1998” means the School Standards and Framework Act 1998 (c. 31). |
| |
163 | General interpretation |
| |
| |
“the Assembly” means the National Assembly for Wales; |
| 15 |
“community or foundation special school” means a community special |
| |
school or a foundation special school; |
| |
“enactment” includes an enactment comprised in subordinate legislation; |
| |
“subordinate legislation” has the same meaning as in the Interpretation |
| |
| 20 |
(2) | Subject to subsection (4), EA 1996 and the provisions of this Act specified in |
| |
subsection (3) are to be read as if those provisions were contained in EA 1996. |
| |
(3) | The provisions of this Act referred to in subsection (2) are— |
| |
(a) | section 5 (school improvement partners); |
| |
(b) | Part 2 (establishment, alteration or discontinuance of schools in |
| 25 |
| |
(c) | section 36 (general restriction on selection by ability); |
| |
(d) | Part 4 (schools causing concern: England); |
| |
(e) | Part 7 (discipline, behaviour and exclusion); |
| |
(f) | section 149 (collaboration arrangements: maintained schools and |
| 30 |
further education bodies). |
| |
(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 EA |
| |
1996, the meaning given for the purposes of that provision is to apply instead |
| |
of the one given for the purposes of that Act. |
| 35 |
(5) | Unless the context otherwise requires, any reference in this Act or in any Act |
| |
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 |
| |
| |
| 40 |
(1) | The following provisions come into force on the day on which this Act is |
| |
| |
|
| |
|
| |
|
sections 73 and 74 (provision of food and drink on school premises etc.); |
| |
section 97 (interpretation of Chapter 2 of Part 7); |
| |
any provision of Part 8 (inspections) so far as it confers power to make |
| |
| |
section 146 (powers to facilitate innovation); |
| 5 |
section 156 (functions to be exercisable by Assembly); |
| |
sections 157 and 158 (subordinate legislation); |
| |
section 159 (power to make consequential and transitional provision etc.); |
| |
| |
| 10 |
Part 1 of Schedule 18, and section 160 so far as relating to that Part. |
| |
(2) | The following provisions come into force at the end of the period of two |
| |
months beginning with the day on which this Act is passed— |
| |
section 6 (functions of LEAs in England in respect of recreation etc.); |
| |
section 45 (code of practice as to relationships between LEAs and |
| 15 |
maintained schools in England, etc.); |
| |
section 147 (power to repeal references to “local education authority” and |
| |
“children’s services authority”, etc.); |
| |
section 150 (maintained nursery schools: amendment of sections 496 and |
| |
| 20 |
section 153 (university bodies: amendment of section 29 of Leasehold |
| |
| |
sections 154 and 155 (framework power relating to Wales); |
| |
| |
Part 2 of Schedule 18, and section 160 so far as relating to that Part. |
| 25 |
(3) | The remaining provisions of this Act come into force in accordance with |
| |
provision made by the appropriate authority (as defined by section 165) by |
| |
| |
165 | The appropriate authority by whom commencement order is made |
| |
(1) | This section has effect for determining who is the appropriate authority for the |
| 30 |
purposes of section 164(3). |
| |
(2) | In relation to the provisions specified in subsection (3), the appropriate |
| |
| |
(a) | in relation to England, the Secretary of State, and |
| |
(b) | in relation to Wales, the Assembly. |
| 35 |
(3) | Those provisions are— |
| |
section 1 (duties in relation to high standards and fulfilment of potential); |
| |
section 4 (duty to identify children not receiving education); |
| |
section 35 (general duties of governing body of maintained school); |
| |
section 36 (general restriction on selection by ability); |
| 40 |
section 37 (code for school admissions); |
| |
section 40 (prohibition on interviews); |
| |
section 42 (objections to admission arrangements); |
| |
section 44 (school funding); |
| |
Chapter 1 of Part 7 (school discipline); |
| 45 |
|
| |
|
| |
|
sections 84, 85 and 86 (parenting contracts and parenting orders); |
| |
section 89 (reintegration interviews); |
| |
section 94 (removal of excluded pupils to designated premises); |
| |
section 148 (provision of information about children receiving funded |
| |
education outside school); |
| 5 |
section 149 (collaboration arrangements: maintained schools and further |
| |
| |
| |
(4) | In relation to the provisions specified in subsection (5), the appropriate |
| |
authority is the Assembly. |
| 10 |
(5) | Those provisions are— |
| |
section 141 (removal of duty to inspect performance of certain Assembly |
| |
| |
section 151 (miscellaneous amendments relating to Wales); |
| |
| 15 |
the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004, |
| |
and section 160 so far as relating to that repeal. |
| |
(6) | In relation to a repeal contained in Part 6 of Schedule 18, and section 160 so far |
| |
as relating to such a repeal, the appropriate authority is the appropriate |
| |
authority for the purposes of section 164(3) in relation to the provision on |
| 20 |
which the repeal is consequential. |
| |
(7) | In relation to the other provisions to which section 164(3) applies, the |
| |
appropriate authority is the Secretary of State. |
| |
| |
(1) | Subject to subsections (2) and (3), this Act extends to England and Wales only. |
| 25 |
(2) | The following provisions extend also to Scotland and Northern Ireland— |
| |
| |
| |
sections 161 to 165, this section and section 167. |
| |
(3) | Any amendment or repeal made by this Act has the same extent as the |
| 30 |
enactment amended or repealed. |
| |
| |
(1) | This Act may be cited as the Education and Inspections Act 2006. |
| |
(2) | This Act is to be included in the list of Education Acts set out in section 578 of |
| |
| 35 |
|
| |
|