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161 | Framework power relating to Wales |
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(1) | The Assembly may by regulations make provision relating to Wales about any |
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of the following matters— |
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(a) | the categories of school that may be maintained by local education |
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(b) | the establishment and discontinuance of schools maintained by local |
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education authorities, their change from one category to another and |
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their alteration in other respects; |
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(c) | the admission of pupils to schools maintained by local education |
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(d) | the curriculum in such schools; |
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(e) | school attendance, the behaviour of pupils at school, school discipline |
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and the exclusion of pupils from school (including the duties of parents |
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in connection with those matters); |
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(f) | the making of arrangements for the provision of education for persons |
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of compulsory school age who have been excluded from schools or |
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who for any other reason would not otherwise receive suitable |
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(g) | entitlement to primary, secondary and further education and to |
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(h) | the provision of services that are intended to encourage, enable or assist |
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(i) | to participate effectively in education or training, |
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(ii) | to take advantage of opportunities for employment, or |
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(iii) | to participate effectively in the life of their communities; |
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(i) | travel of persons receiving primary, secondary or further education or |
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training to and from the schools or other places where they receive it; |
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(j) | food and drink provided on school premises or provided for children |
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at a place where they receive education or childcare. |
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(2) | Regulations under subsection (1) may also make provision for any purpose |
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connected with provision made under any of paragraphs (a) to (j) of that |
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(3) | Subsection (1) has effect subject to section 162. |
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(4) | Subject to that section, the provision that may be made under subsection (1) |
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includes any provision that could be made by Act of Parliament. |
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(5) | The inclusion in this Act of any provision in relation to Wales about any of the |
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matters mentioned in subsection (1)(a) to (j) does not affect the powers |
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conferred on the Assembly by this section (which may accordingly be |
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exercised so as to repeal or amend that provision). |
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(6) | Expressions used in this section and in EA 1996 have the same meaning in this |
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162 | Restrictions on framework power conferred by section 161 |
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(1) | The power conferred by section 161 does not include power— |
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(a) | to make any provision imposing or increasing taxation; |
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(b) | to make provision taking effect from a date earlier than that of the |
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making of the instrument containing the provision; |
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(c) | to confer any power to legislate by means of orders, rules, regulations |
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or other subordinate instrument, other than rules of procedure for any |
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(d) | to create any new indictable offence; |
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(e) | except in relation to any of the matters mentioned in section 161(1)(e), |
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to create any new summary offence; |
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(f) | to create (in relation to any of those excepted matters) any new |
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summary offence that is punishable with imprisonment or with a fine |
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exceeding level 3 on the standard scale; |
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(g) | to make provision extending otherwise than to England and Wales; |
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(h) | to make provision applying in relation to England, except with the |
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consent of the Secretary of State. |
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(2) | Subsection (1)(c) does not preclude the modification of a power to legislate |
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conferred otherwise than under this section, or the extension of any such |
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power to purposes of the like nature as those for which it was conferred. |
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(3) | A power to give directions as to matters of administration is not to be regarded |
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as a power to legislate within the meaning of subsection (1)(c). |
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(4) | Paragraphs (d) and (e) of subsection (1) do not preclude the modification of |
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(5) | The power conferred by section 161(1)(e) may not, except with the consent of |
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the Secretary of State, be exercised so as to make provision about any of the |
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(c) | powers to seize, detain or dispose of property, or |
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(d) | the functions of chief officers of police or persons under their direction |
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(6) | The power conferred by section 161(1)(h) may not, except with the consent of |
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the Secretary of State, be exercised so as to make provision about the functions |
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(a) | a chief officer of police, |
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(c) | a local probation board established under section 4 of the Criminal |
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Justice and Court Services Act 2000 (c. 43), or |
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(d) | a youth offending team established under section 39 of the Crime and |
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Disorder Act 1998 (c. 37). |
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(7) | The power conferred by section 161(1)(i) may not be exercised so as to make |
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(a) | a matter falling within any of the exceptions specified in paragraph 10 |
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of Part 1 of Schedule 7 to the Government of Wales Act 2006, or |
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(b) | the registration of local bus services. |
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163 | Functions to be exercisable by National Assembly for Wales |
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(1) | Any function conferred on the Secretary of State by virtue of the amendments |
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made by the provisions mentioned in subsection (2), so far as exercisable in |
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relation to Wales, is to be taken to have been transferred to the Assembly by an |
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Order in Council under section 22 of the Government of Wales Act 1998 (c. 38). |
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(2) | Those provisions are— |
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section 4 (duty to identify children not receiving education); |
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sections 37 to 48 (school admissions); |
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section 78 (provision of food and drink on school premises etc); |
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section 154 (provision of information about children receiving funded |
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education outside school); |
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section 156 (maintained nursery schools: amendment of sections 496 and |
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Schedule 5 (funding of maintained schools). |
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164 | Orders and regulations: general provisions |
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(1) | Any power to make an order or regulations conferred by this Act on the |
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Secretary of State or the Assembly is exercisable by statutory instrument. |
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(2) | Any power of the Secretary of State or the Assembly to make an order or |
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regulations under this Act includes power— |
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(a) | to make different provision for different cases or areas, |
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(b) | to make provision generally or in relation to specific cases, and |
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(c) | to make such incidental, supplementary, transitional or saving |
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provision as the Secretary of State or the Assembly thinks fit. |
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165 | Parliamentary control of orders and regulations |
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(1) | Subject to subsection (2), any statutory instrument containing regulations or an |
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order made under this Act by the Secretary of State is subject to annulment in |
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pursuance of a resolution of either House of Parliament. |
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(2) | Subsection (1) does not apply to— |
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(a) | an order under section 14(7)(b) (designation of primary school as rural |
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primary school for purposes of sections 14 and 15), |
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(b) | an order under section 171(3) (commencement), or |
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(c) | an instrument to which subsection (3) applies. |
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(3) | A statutory instrument which contains (alone or with other provisions)— |
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(a) | an order under section 72 (power to repeal the school travel scheme |
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(b) | regulations under section 166 which amend or repeal any provision of |
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| may not be made unless a draft of the instrument has been laid before, and |
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approved by a resolution of, each House of Parliament. |
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166 | Power to make consequential and transitional provision etc |
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(1) | The Secretary of State may by regulations make— |
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(a) | any supplementary, incidental or consequential provision, and |
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(b) | any transitional or saving provision, |
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| that 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 this Act. |
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(2) | Regulations under this section may in particular— |
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(a) | provide for any provision of this Act which comes into force before |
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another provision has come into force to have effect, until that other |
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provision has come into force, with specified modifications; |
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(b) | amend or repeal any provision of— |
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(i) | an Act passed before or in the same Session as this Act, or |
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(ii) | subordinate legislation made before the passing of this Act. |
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(3) | Nothing in this section limits the power by virtue of section 164(2) to include |
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transitional or saving provision in an order under section 171(3) |
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(4) | The amendments that may be made by virtue of subsection (2)(b) are in |
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addition to those that are made by, or may be made under, any other provision |
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The enactments specified in Schedule 18 (which include spent enactments) are |
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repealed to the extent specified. |
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(1) | There is to be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by virtue of this Act by the Office for |
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Standards in Education, Children’s Services and Skills or by a Minister |
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(b) | any increase attributable to this Act in the sums payable under any |
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other Act out of money so provided. |
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(2) | There are to be paid into the Consolidated Fund— |
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(a) | sums received by Her Majesty’s Chief Inspector of Education, |
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Children’s Services and Skills by virtue of this or any other Act, and |
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(b) | sums received by a Minister of the Crown by virtue of this Act. |
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169 | Abbreviations of Acts |
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“EA 1996” means the Education Act 1996 (c. 56); |
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“EA 2002” means the Education Act 2002 (c. 32); |
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“EA 2005” means the Education Act 2005 (c. 18); |
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“SSFA 1998” means the School Standards and Framework Act 1998 (c. 31). |
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170 | General interpretation |
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“the Assembly” means the National Assembly for Wales; |
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“community or foundation special school” means a community special |
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school or a foundation special school; |
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“enactment” includes an enactment comprised in subordinate legislation; |
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“subordinate legislation” has the same meaning as in the Interpretation |
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(2) | Subject to subsection (4), EA 1996 and the provisions of this Act specified in |
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subsection (3) are to be read as if those provisions were contained in EA 1996. |
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(3) | The provisions of this Act referred to in subsection (2) are— |
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(a) | section 5 (school improvement partners); |
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(b) | Part 2 (establishment, alteration or discontinuance of schools in |
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(c) | section 36 (general restriction on selection by ability); |
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(d) | Part 4 (schools causing concern: England); |
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(e) | Part 7 (discipline, behaviour and exclusion); |
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(f) | section 155 (collaboration arrangements: maintained schools and |
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further education bodies). |
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(4) | Where an expression is given for the purposes of any provision falling within |
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subsection (3) a meaning different from that given to it for the purposes of EA |
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1996, the meaning given for the purposes of that provision is to apply instead |
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of the one given for the purposes of that Act. |
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(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 |
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community or foundation special school is to such a school within the meaning |
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(1) | The following provisions come into force on the day on which this Act is |
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sections 78 and 79 (provision of food and drink on school premises etc.); |
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section 102 (interpretation of Chapter 2 of Part 7); |
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any provision of Part 8 (inspections) so far as it confers power to make |
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section 151 (powers to facilitate innovation); |
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section 163 (functions to be exercisable by Assembly); |
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sections 164 and 165 (subordinate legislation); |
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section 166 (power to make consequential and transitional provision etc.); |
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Part 1 of Schedule 18, and section 167 so far as relating to that Part. |
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(2) | The following provisions come into force at the end of the period of two |
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months beginning with the day on which this Act is passed— |
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section 6 (functions of LEAs in England in respect of recreation etc.); |
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section 47 (power of Assembly to make regulations about looked after |
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section 50 (code of practice as to relationships between LEAs and |
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maintained schools in England, etc.); |
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section 152 (power to repeal references to “local education authority” and |
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“children’s services authority”, etc.); |
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section 156 (maintained nursery schools: amendment of sections 496 and |
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section 157 (time limits relating to statements of special educational |
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section 160 (university bodies: amendment of section 29 of Leasehold |
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sections 161 and 162 (framework power relating to Wales); |
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Part 2 of Schedule 18, and section 167 so far as relating to that Part. |
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(3) | The remaining provisions of this Act come into force in accordance with |
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provision made by the appropriate authority (as defined by section 172) by |
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172 | The appropriate authority by whom commencement order is made |
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(1) | This section has effect for determining who is the appropriate authority for the |
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purposes of section 171(3). |
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(2) | In relation to the provisions specified in subsection (3), the appropriate |
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(a) | in relation to England, the Secretary of State, and |
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(b) | in relation to Wales, the Assembly. |
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(3) | Those provisions are— |
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section 1 (duties in relation to high standards and fulfilment of potential); |
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section 4 (duty to identify children not receiving education); |
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section 35 (general duties of governing body of maintained school); |
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section 36 (general restriction on selection by ability); |
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section 37 (code for school admissions); |
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section 40 (prohibition on interviews); |
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section 42 (objections to admission arrangements); |
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section 49 (school funding); |
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Chapter 1 of Part 7 (school discipline); |
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sections 89, 90 and 91 (parenting contracts and parenting orders); |
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section 94 (reintegration interviews); |
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section 99 (removal of excluded pupils to designated premises); |
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section 154 (provision of information about children receiving funded |
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education outside school); |
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section 155 (collaboration arrangements: maintained schools and further |
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(4) | In relation to the provisions specified in subsection (5), the appropriate |
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authority is the Assembly. |
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(5) | Those provisions are— |
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section 146 (removal of duty to inspect performance of certain Assembly |
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section 158 (miscellaneous amendments relating to Wales); |
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the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004, |
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and section 167 so far as relating to that repeal. |
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(6) | In relation to a repeal contained in Part 6 of Schedule 18, and section 167 so far |
| |
as relating to such a repeal, the appropriate authority is the appropriate |
| |
authority for the purposes of section 171(3) in relation to the provision on |
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which the repeal is consequential. |
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(7) | In relation to the other provisions to which section 171(3) applies, the |
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appropriate authority is the Secretary of State. |
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(1) | Subject to subsections (2) and (3), this Act extends to England and Wales only. |
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(2) | The following provisions extend also to Scotland and Northern Ireland— |
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sections 168 to 172, this section and section 174. |
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(3) | Any amendment or repeal made by this Act has the same extent as the |
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enactment amended or repealed. |
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(1) | This Act may be cited as the Education and Inspections Act 2006. |
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(2) | This Act is to be included in the list of Education Acts set out in section 578 of |
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