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Education and Inspections Bill


Education and Inspections Bill
Part 10 — General

112

 

Part 10

General

161     

Framework power relating to Wales

(1)   

The Assembly may by regulations make provision relating to Wales about any

of the following matters—

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(a)   

the categories of school that may be maintained by local education

authorities;

(b)   

the establishment and discontinuance of schools maintained by local

education authorities, their change from one category to another and

their alteration in other respects;

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(c)   

the admission of pupils to schools maintained by local education

authorities;

(d)   

the curriculum in such schools;

(e)   

school attendance, the behaviour of pupils at school, school discipline

and the exclusion of pupils from school (including the duties of parents

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in connection with those matters);

(f)   

the making of arrangements for the provision of education for persons

of compulsory school age who have been excluded from schools or

who for any other reason would not otherwise receive suitable

education;

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(g)   

entitlement to primary, secondary and further education and to

training;

(h)   

the provision of services that are intended to encourage, enable or assist

people—

(i)   

to participate effectively in education or training,

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(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;

(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.

(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

subsection.

(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)

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

conferred on the Assembly by this section (which may accordingly be

40

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

section as in that Act.

 
 

Education and Inspections Bill
Part 10 — General

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162     

Restrictions on framework power conferred by section 161

(1)   

The power conferred by section 161 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;

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(c)   

to confer any power to legislate by means of orders, rules, regulations

or other subordinate instrument, other than rules of procedure for any

court or tribunal;

(d)   

to create any new indictable offence;

(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;

(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;

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(h)   

to make provision applying in relation to England, except with the

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.

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(3)   

A power to give directions as to matters of administration is not to be regarded

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

existing offences.

(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

following—

(a)   

the use of force,

(b)   

powers of search,

(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

or control.

(6)   

The power conferred by section 161(1)(h) may not, except with the consent of

the Secretary of State, be exercised so as to make provision about the functions

of any of the following—

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(a)   

a chief officer of police,

(b)   

a police authority,

(c)   

a local probation board established under section 4 of the Criminal

Justice and Court Services Act 2000 (c. 43), or

(d)   

a youth offending team established under section 39 of the Crime and

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Disorder Act 1998 (c. 37).

(7)   

The power conferred by section 161(1)(i) may not be exercised so as to make

provision about—

(a)   

a matter falling within any of the exceptions specified in paragraph 10

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.

 
 

Education and Inspections Bill
Part 10 — General

114

 

163     

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

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).

5

(2)   

Those provisions are—

section 4 (duty to identify children not receiving education);

sections 37 to 48 (school admissions);

section 78 (provision of food and drink on school premises etc);

section 154 (provision of information about children receiving funded

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education outside school);

section 156 (maintained nursery schools: amendment of sections 496 and

497 of EA 1996);

Schedule 5 (funding of maintained schools).

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

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—

(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

(c)   

to make such incidental, supplementary, transitional or saving

provision as the Secretary of State or the Assembly thinks fit.

165     

Parliamentary control of orders and regulations

(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

pursuance of a resolution of either House of Parliament.

(2)   

Subsection (1) does not apply to—

(a)   

an order under section 14(7)(b) (designation of primary school as rural

primary school for purposes of sections 14 and 15),

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(b)   

an order under section 171(3) (commencement), or

(c)   

an instrument to which subsection (3) applies.

(3)   

A statutory instrument which contains (alone or with other provisions)—

(a)   

an order under section 72 (power to repeal the school travel scheme

provisions), or

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(b)   

regulations under section 166 which amend or repeal any provision 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.

166     

Power to make consequential and transitional provision etc

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(1)   

The Secretary of State may by regulations make—

(a)   

any supplementary, incidental or consequential provision, and

 
 

Education and Inspections Bill
Part 10 — General

115

 

(b)   

any transitional or saving provision,

   

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

5

another provision has come into force to have effect, until that other

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.

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(3)   

Nothing in this section limits the power by virtue of section 164(2) to include

transitional or saving provision in an order under section 171(3)

(commencement).

(4)   

The amendments that may be made by virtue of subsection (2)(b) are in

addition to those that are made by, or may be made under, any other provision

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of this Act.

167     

Repeals

The enactments specified in Schedule 18 (which include spent enactments) are

repealed to the extent specified.

168     

Financial provisions

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(1)   

There is to be paid out of money provided by Parliament—

(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

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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

(b)   

sums received by a Minister of the Crown by virtue of this Act.

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169     

Abbreviations of Acts

In this Act—

“EA 1996” means the Education Act 1996 (c. 56);

“EA 2002” means the Education Act 2002 (c. 32);

“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).

170     

General interpretation

(1)   

In this Act—

“the Assembly” means the National Assembly for Wales;

“community or foundation special school” means a community special

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school or a foundation special school;

 
 

Education and Inspections Bill
Part 10 — General

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“enactment” includes an enactment comprised in subordinate legislation;

“subordinate legislation” has the same meaning as in the Interpretation

Act 1978 (c. 30).

(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.

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(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

England);

(c)   

section 36 (general restriction on selection by ability);

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(d)   

Part 4 (schools causing concern: England);

(e)   

Part 7 (discipline, behaviour and exclusion);

(f)   

section 155 (collaboration arrangements: maintained schools and

further education bodies).

(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

1996, 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

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

of SSFA 1998.

171     

Commencement

(1)   

The following provisions come into force on the day on which this Act is

passed—

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sections 78 and 79 (provision of food and drink on school premises etc.);

section 102 (interpretation of Chapter 2 of Part 7);

any provision of Part 8 (inspections) so far as it confers power to make

subordinate legislation;

section 151 (powers to facilitate innovation);

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section 163 (functions to be exercisable by Assembly);

sections 164 and 165 (subordinate legislation);

section 166 (power to make consequential and transitional provision etc.);

sections 168 to 170, this section and sections 172 to 174;

Schedule 16;

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Part 1 of Schedule 18, and section 167 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 47 (power of Assembly to make regulations about looked after

40

children);

section 50 (code of practice as to relationships between LEAs and

maintained schools in England, etc.);

section 152 (power to repeal references to “local education authority” and

“children’s services authority”, etc.);

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Education and Inspections Bill
Part 10 — General

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section 156 (maintained nursery schools: amendment of sections 496 and

497 of EA 1996);

section 157 (time limits relating to statements of special educational

needs);

section 160 (university bodies: amendment of section 29 of Leasehold

5

Reform Act 1967);

sections 161 and 162 (framework power relating to Wales);

Schedule 1;

Part 2 of Schedule 18, and section 167 so far as relating to that Part.

(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

order.

172     

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 171(3).

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(2)   

In relation to the provisions specified in subsection (3), the appropriate

authority is—

(a)   

in relation to England, the Secretary of State, and

(b)   

in relation to Wales, the Assembly.

(3)   

Those provisions are—

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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);

section 37 (code for school admissions);

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section 40 (prohibition on interviews);

section 42 (objections to admission arrangements);

section 49 (school funding);

Chapter 1 of Part 7 (school discipline);

sections 89, 90 and 91 (parenting contracts and parenting orders);

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section 94 (reintegration interviews);

section 99 (removal of excluded pupils to designated premises);

section 154 (provision of information about children receiving funded

education outside school);

section 155 (collaboration arrangements: maintained schools and further

35

education bodies);

Schedule 5.

(4)   

In relation to the provisions specified in subsection (5), the appropriate

authority is the Assembly.

(5)   

Those provisions are—

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section 146 (removal of duty to inspect performance of certain Assembly

functions);

section 158 (miscellaneous amendments relating to Wales);

Schedule 17;

 
 

Education and Inspections Bill
Part 10 — General

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the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004,

and section 167 so far as relating to that repeal.

(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

5

which the repeal is consequential.

(7)   

In relation to the other provisions to which section 171(3) applies, the

appropriate authority is the Secretary of State.

173     

Extent

(1)   

Subject to subsections (2) and (3), this Act extends to England and Wales only.

10

(2)   

The following provisions extend also to Scotland and Northern Ireland—

section 152;

sections 164 and 165;

sections 168 to 172, this section and section 174.

(3)   

Any amendment or repeal made by this Act has the same extent as the

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enactment amended or repealed.

174     

Short title

(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

EA 1996.

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