|
| |
| |
section 171 (special educational needs co-ordinators); |
| |
section 172 (time limits relating to statements of special educational |
| |
| |
Schedule 5 (funding of maintained schools). |
| |
179 | Orders and regulations: general provisions |
| 5 |
(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, |
| 10 |
(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. |
| |
180 | Parliamentary control of orders and regulations |
| |
(1) | Subject to subsection (2), any statutory instrument containing regulations or an |
| 15 |
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 15(7)(b) (designation of primary school as rural |
| |
primary school for purposes of sections 15 and 16), |
| 20 |
(b) | an order under section 186(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 79 (power to repeal the school travel scheme |
| |
| 25 |
(b) | an order under section 160 (power to repeal references to “local |
| |
education authority” and “children’s services authority” etc) which |
| |
amends or repeals any provision of a public general Act, or |
| |
(c) | regulations under section 181 which amend or repeal any provision of |
| |
| 30 |
| may not be made unless a draft of the instrument has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| |
181 | 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 |
| 35 |
(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 |
| 40 |
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. |
| |
(3) | Nothing in this section limits the power by virtue of section 179(2) to include |
| |
transitional or saving provision in an order under section 186(3) |
| |
| 5 |
(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 |
| |
| |
| |
The enactments specified in Schedule 18 (which include spent enactments) are |
| 10 |
repealed to the extent specified. |
| |
| |
(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 |
| 15 |
| |
(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, |
| 20 |
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. |
| |
184 | Abbreviations of Acts |
| |
| |
“EA 1996” means the Education Act 1996 (c. 56); |
| 25 |
“EA 2002” means the Education Act 2002 (c. 32); |
| |
“EA 2005” means the Education Act 2005 (c. 18); |
| |
“SSFA 1998” means the School Standards and Framework Act 1998 (c. 31). |
| |
185 | General interpretation |
| |
| 30 |
“the Assembly” means the National Assembly for Wales; |
| |
“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 |
| 35 |
| |
(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); |
| 40 |
| |
| |
|
| |
| |
(b) | Part 2 (establishment, alteration or discontinuance of schools in |
| |
| |
(c) | section 39 (general restriction on selection by ability); |
| |
(d) | Part 4 (schools causing concern: England); |
| |
(e) | Part 7 (discipline, behaviour and exclusion); |
| 5 |
(f) | section 164 (collaboration arrangements: maintained schools and |
| |
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 |
| 10 |
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 |
| |
community or foundation special school is to such a school within the meaning |
| |
| 15 |
| |
(1) | The following provisions come into force on the day on which this Act is |
| |
| |
sections 85 and 86 (provision of food and drink on school premises etc.); |
| |
section 108 (failure to secure school attendance), except subsection (8); |
| 20 |
section 110 (interpretation of Chapter 2 of Part 7); |
| |
any provision of Part 8 (inspections) so far as it confers power to make |
| |
| |
section 159 (powers to facilitate innovation); |
| |
section 178 (functions to be exercisable by Assembly); |
| 25 |
sections 179 and 180 (subordinate legislation); |
| |
section 181 (power to make consequential and transitional provision etc.); |
| |
| |
| |
Part 1 of Schedule 18, and section 182 so far as relating to that Part. |
| 30 |
(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 youth work, |
| |
| |
section 52 (power of Assembly to make regulations about looked after |
| 35 |
| |
section 57 (code of practice as to relationships between LEAs and |
| |
maintained schools in England, etc.); |
| |
section 160 (power to repeal references to “local education authority” and |
| |
“children’s services authority”, etc.); |
| 40 |
section 166 (maintained nursery schools: amendment of sections 496 and |
| |
| |
section 170 (offences relating to independent schools); |
| |
section 172 (time limits relating to statements of special educational |
| |
| 45 |
section 175 (university bodies: amendment of section 29 of Leasehold |
| |
| |
| |
| |
|
| |
| |
sections 176 and 177 (framework power relating to Wales); |
| |
| |
Part 2 of Schedule 18, and section 182 so far as relating to that Part. |
| |
(3) | The remaining provisions of this Act come into force in accordance with |
| |
provision made by the appropriate authority (as defined by section 187) by |
| 5 |
| |
187 | 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 186(3). |
| |
(2) | In relation to the provisions specified in subsection (3), the appropriate |
| 10 |
| |
(a) | in relation to England, the Secretary of State, and |
| |
(b) | in relation to Wales, the Assembly. |
| |
(3) | Those provisions are— |
| |
section 1 (duties in relation to high standards and fulfilment of potential); |
| 15 |
section 4 (duty to identify children not receiving education); |
| |
in section 37 (staff at foundation or voluntary schools with religious |
| |
character), subsections (1) and (2)(a); |
| |
section 38 (general duties of governing body of maintained school); |
| |
section 39 (general restriction on selection by ability); |
| 20 |
section 40 (code for school admissions); |
| |
section 43 (duty of governing body to implement decisions relating to |
| |
| |
section 44 (prohibition on interviews); |
| |
section 45 (admission arrangements for schools with religious character: |
| 25 |
consultation and objections); |
| |
section 47 (objections to admission arrangements); |
| |
section 53 (schools with pre-1998 arrangements for selection by ability or |
| |
| |
section 55 (right of sixth-form pupils to be excused from attendance at |
| 30 |
| |
section 56 (school funding); |
| |
Chapter 1 of Part 7 (school discipline); |
| |
sections 96, 97 and 98 (parenting contracts and parenting orders); |
| |
section 101 (reintegration interviews); |
| 35 |
section 107 (removal of excluded pupils to designated premises); |
| |
section 162 (provision of information about children receiving funded |
| |
education outside school); |
| |
section 163 (power of members of staff of further education institutions to |
| |
| 40 |
section 164 (collaboration arrangements: maintained schools and further |
| |
| |
section 165 (consultation with young pupils); |
| |
sections 167 to 169 (prohibition on participation in management of |
| |
| 45 |
section 171 (special educational needs co-ordinators); |
| |
| |
| |
|
| |
| |
| |
(4) | In relation to the provisions specified in subsection (5), the appropriate |
| |
authority is the Assembly. |
| |
(5) | Those provisions are— |
| |
section 154 (removal of duty to inspect performance of certain Assembly |
| 5 |
| |
section 173 (miscellaneous amendments relating to Wales); |
| |
| |
the repeal in Part 5 of Schedule 18 of section 38 of the Children Act 2004 |
| |
(c. 31), and section 182 so far as relating to that repeal. |
| 10 |
(6) | In relation to a repeal contained in Part 6 of Schedule 18, and section 182 so far |
| |
as relating to such a repeal, the appropriate authority is the appropriate |
| |
authority for the purposes of section 186(3) in relation to the provision on |
| |
which the repeal is consequential. |
| |
(7) | In relation to the other provisions to which section 186(3) applies, the |
| 15 |
appropriate authority is the Secretary of State. |
| |
| |
(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— |
| |
| 20 |
| |
sections 183 to 187, this section and section 189. |
| |
(3) | Any amendment or repeal made by this Act, other than any amendment made |
| |
by paragraph 2 of Schedule 10, has the same extent as the enactment amended |
| |
| 25 |
| |
(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 |
| |
| |
| |
| |
|
