Communiqué by the OSCE RFoM on criminal and administrative prosecution for social media activities and the impact on freedom of expression and freedom of the media
S. 52, as partially repealed, wholly in force at 1.10.1998; s. 52 not in force at Royal Assent see s. 58(3); s. 52(4) in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. II; s. 52(1)-(3) in force at 1.8.1998 by S.I. 1998/386, art. 2, Sch. 1 Pt. III S. 57 partly in force; S. 57(1) partly in force at Royal Assent see s. 58(4); s. 57(4) in force for certain purposes at 4.4.1997 by S.I. 1997/1153, art. 2; s. 57(1)(4) in force for certain purposes at 14.6.1997, 1.9.1997 and 1.10.1997 and s. 57(2)(3) in force at 1.9.1997 by S.I. 1997/1468, art. 2, Sch. 1, Pts. I, II, III; s. 57(1)(4) in force for certain purposes at 1.9.2001 by S.I. 2001/1215, art. 2 Sch 7 para. 3 wholly in force at 1.3.1998; Sch. 7 para. 3 not in force at Royal Assent see s. 58(3); Sch. 7 para. 3(1) in force at 1.10.1997 except so far as it omits the entry relating to SCAA by S.I. 1997/1468, art. 2 Sch. 1 Pt. III; Sch. 7 para. 3(1) in force at 1.3.1998 insofar as not already in force and Sch. 7 para. 3(2) in force at 1.3.1998 by S.I. 1998/386, art. 2, Sch. 1 Pt. I Sch 7 para. 4 wholly in force at 1.3.1998; Sch. 7 para. 4 not in force at Royal Assent see s. 58(3); Sch. 7 para. 4 in force at 1.10.1997 except so far as it omits the entry relating to SCAA by S.I. 1997/1468, art. 2 Sch. 1 Pt. III; Sch. 7 para. 4 in force at 1.3.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. I Sch. 7 para. 26 wholly in force at 11.3.1998; Sch.7 para. 26 not in force at Royal Assent see s. 58(3); Sch. 7 para. 26 in force at 1.10.1997 insofar as it omits ss. 360, 361 by S.I. 1997/1468, art.2, Sch. 1 Pt. III and in force at 1.3.1998 insofar as not already in force by S.I. 1998/386, art. 2, Sch. 1 Pt. I Sch. 7 paras. 27, 28 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II) Sch. 7 paras. 27, 28 wholly in force at 1.10.1997 see s. 58(3) and S.I. 1997/1468, arts. 2, 4, Sch. 1 Pt. III, Sch. 2 Pt. II (subject to transitional provisions in Sch. 2 Pt. II) Sch. 7 para. 30 wholly in force; Sch. 7 para. 30 not in force at Royal Assent see s. 58(3); Sch. 7 para. 30(a) in force at 1.10.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pt. III; Sch. 7 para. 30(b) in force at 1.9.2001 by S.I. 2001/1215, art. 2 Sch. 7 para. 44 wholly in force at 1.9.1997; Sch. 7 para. 44 not in force at Royal Assent see s. 58(3); Sch. 7 para. 44 in force at 14.6.1997 to the extent that it inserts the reference to “school year” into section 580 of the 1996 Act and in force at 1.9.1997 insofar as not already in force by S.I. 1997/1468, art. 2, Sch.1 Pts. I, II Sch. 8 in force for specified repeals; at 4.4.1997 by S.I. 1997/1153, art. 2 ; at 14.6.1997, 1.9.1997 and 1.10.1997 by S.I. 1997/1468, art. 2, Sch. 1 Pts. I, II ; at 1.3.1998, 1.8.1998 and 1.9.1998 by S.I. 1998/386, art. 2, Sch. 1 Pts. I, III, IV; at 1.9.2001 by S.I. 2001/1215, art. 2 For the extent of this Act, see s. 58(5)-(7); amendments and repeals of enactments extending to S. and N.I. are co-extensive with those enactments. S. 1 repealed (1.9.1997) by 1997 c. 59, ss. 6(3), 7(3)(a), Sch. Pt.I (with s. 1(3)) Ss. 2-3 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Ss. 2-3 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 S. 4 repealed (1.4.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 18 Pt. 6; S.I. 2007/935, art. 4(d); S.I. 2010/2543, art. 2(m) S. 5 repealed (1.4.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 18 Pt. 6; S.I. 2007/935, art. 4(d); S.I. 2010/2543, art. 2(m) Ss. 6-8 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Ss. 6-8 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Ss. 6-8 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 S. 9 repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 3(b) Pt. III (ss. 10-14) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Pt. III (ss. 10-14) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Pt. III (ss. 10-14) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Pt. III (ss. 10-14) repealed (1.2.1999 to the extent that it relates to the repeal of s. 13 of the amended Act) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(3), Sch.1 Pt. III Pt. III (ss. 10-14) repealed (1.9.1999) by 1998 c. 31, s.140(1)(3), Sch. 30 para. 208(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Pt. IV Ch. I repealed (2.9.2002 for E., 1.9.2011 for W.) by Education Act 2002 (c. 32), ss. 204, 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2011/1952, art. 2(1)(2)(a)(c) Words in s. 19(1) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 66(2)(a), 115(7); S.I. 2015/1732, art. 2(g) Words in s. 19(1) substituted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 66(2)(b), 115(7); S.I. 2015/1732, art. 2(g) Words in s. 19(1) inserted (1.10.2015) by Deregulation Act 2015 (c. 20), ss. 66(2)(c), 115(7); S.I. 2015/1732, art. 2(g) Words in s. 19(1)(a) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(2) S. 19(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.213 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 8(2) Ss. 21-26A repealed (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 13, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a) (with arts. 3-5) Pt. V Ch. II heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 8 (with art. 7) S. 27 crossheading omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 9 (with art. 7) S. 27 omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 9 (with art. 7) Words in s. 28 cross-heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 10 (with art. 7) S. 28 omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(3) Words in s. 28 heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 10 (with art. 7) Words in s. 28(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 11(a)(i) (with art. 7) Words in s. 28(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 11(a)(ii) (with art. 7) Words in s. 28(2) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 11(b)(i) (with art. 7) Words in s. 28(2) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 11(b)(ii) (with art. 7) Words in s. 28(2) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 11(b)(iii) (with art. 7) S. 29 omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(4) Words in s. 29 heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 12 (with art. 7) Words in s. 29(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 13(a) (with art. 7) Words in s. 29(1) substituted (19.12.2002) by Education Act 2002 (c. 32), Sch. 17 para. 5(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1 Words in s. 29(2)(a) substituted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 5(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1 S. 29(2)(b) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 13(b)(i) (with art. 7) S. 29(2)(c) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 13(b)(ii) (with art. 7) S. 29(2)(f) and preceding word repealed (19.12.2002) by Education Act 2002 (c. 32), ss. 189, 215(2), Sch. 17 para. 5(3)(b), Sch. 22 Pt. 2 (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1 S. 29(2A) inserted (19.12.2002) by Education Act 2002 (c. 32), s. 189, Sch. 17 para. 5(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1 Words in s. 29(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 215 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 S. 29(5)(6) substituted for s. 29(5) (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 14; S.I. 2010/2413, art. 2(a) (with arts. 3-5) Words in s. 29(5) omitted (W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 18(2)(a); S.I. 2013/1800, art. 3(j) Words in s. 29(6) omitted (W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 18(2)(b); S.I. 2013/1800, art. 3(j) S. 29(7) inserted (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(2); S.I. 2015/1687, art. 2 (with arts. 3-13) Words in s. 30 heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 14 (with art. 7) Word in s. 30 heading substituted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 15(8); S.I. 2010/2413, art. 2(a) (with arts. 3-5) S. 30 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(3)(a); S.I. 2015/1687, art. 2 (with arts. 3-13) S. 31 omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 16 (with art. 7) S. 32 omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(5) Words in s. 32 heading substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 17 (with art. 7) Words in s. 32(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(i) (with art. 7) Words in s. 32(1) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(ii) (with art. 7) S. 32(1)(a) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(iii) (with art. 7) S. 32(1)(b) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(a)(iii) (with art. 7) Words in s. 32(1)(c)(i) substituted (19.12.2002 for W., 1.3.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 70 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 2 Word in s. 32(1)(c)(ii) inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(2)(a); S.I. 2010/2413, art. 2(a) (with arts. 3-5) S. 32(1)(c)(iii) substituted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(2)(b); S.I. 2010/2413, art. 2(a) (with arts. 3-5) Words in s. 32(2) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(b)(i) (with art. 7) Words in s. 32(2) substituted (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(b)(ii) (with art. 7) Words in s. 32(2) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch. S. 32(3) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(3)(b); S.I. 2015/1687, art. 2 (with arts. 3-12) S. 32(3A) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(3)(b); S.I. 2015/1687, art. 2 (with arts. 3-12) S. 32(4) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(3)(b); S.I. 2015/1687, art. 2 (with arts. 3-12) S. 32(4A) repealed (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(4), Sch. 16 Pt. 4; S.I. 2010/2413, art. 2(a)(b) (with arts. 3-5) S. 32(5) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 18(g) (with art. 7) S. 32(6)(7) substituted for s. 32(6) (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 16(5); S.I. 2010/2413, art. 2(a) (with arts. 3-5) Words in s. 32(6)(a) substituted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861), regs. 1, 3(2) S. 32ZA inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 17; S.I. 2010/2413, art. 2(a) (with arts. 3-5) Ss. 32ZA-32C omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(3)(c); S.I. 2015/1687, art. 2 (with arts. 3-12) S. 32A substituted (31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), ss. 162(10), 173(3)(4); S.I. 2009/784, art. 2(a) Ss. 32AA-32AD inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(4), 82(3); S.I. 2012/924, art. 3 Ss. 32B, 32C inserted (1.11.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(3), Sch. 12 para. 19; S.I. 2010/2413, art. 2(a) (with arts. 3-5) Ss. 32BA-32BC inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(6), 82(3); S.I. 2012/924, art. 3 S. 33 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7 S. 34 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7 S. 35 repealed (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 8; S.I. 2012/924, art. 2 S. 36 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 21, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 S. 37 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 8(3) Words in Pt. 6 Ch. 1 heading inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) Words in s. 38 heading inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(f) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) Words in s. 38(1)(b) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(a)(i) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) Words in s. 38(1) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(a)(ii) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) S. 38(2) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 22(2), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii) S. 38(2)(2A) substituted for s. 38(2) (1.4.2005 for E., 31.7.2008 for W.) by Children Act 2004 (c. 31), ss. 51, 67(7)(e); S.I. 2005/394, art. 2(2)(e); S.I. 2008/1904, art. 2 S. 38(2A)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 8(4) Words in s. 38(2A)(b) substituted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 1; S.I. 2016/86, art. 3 Words in s. 38(2A)(b) inserted (1.4.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 28; S.I. 2008/17, art. 3(b) S. 38(2B) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) Words in s. 38(3) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(c) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) Words in s. 38(4) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(d) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) Words in s. 38(5)(a) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 22(3)(a), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii) Words in s. 38(5)(b) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 22(3)(b), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii) Words in s. 38(5)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 11; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 Words in s. 38(5)(b) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 22(3)(b); S.I. 2007/935, art. 5(gg) Words in s. 38(6) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(3)(e) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) Word in s. 38(7) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 22(4)(a); S.I. 2007/935, art. 5(gg) S. 38(7)(a) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 22(4)(b), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii) Words in s. 38(7)(a) substituted (1.1.2001) by 2000 c. 21, s. 73(a); S.I. 2000/3230, art. 2, Sch. Word in s. 39(1)(a) omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(4)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) S. 39(1)(b)(c) substituted for s. 39(1)(b) (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 9(4)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(vi) Words in s. 39(4) inserted (1.10.1998) by 1998 c. 31, s. 134(3) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch.1 Pt. I Words in s. 39(4) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 23(a), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii) Words in s. 39(4) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 12(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 Words in s. 39(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 23(b); S.I. 2007/935, art. 5(gg) Words in s. 39(4) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 23(c), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii) Words in s. 39(4) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 12(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 S. 40 substituted (1.10.2002 except in relation to W. and 19.12.2002 otherwise) by Education Act 2002 (c. 32), ss. 180, 216, (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4 Words in s. 40(2)(c) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(6)(a) Words in s. 40(3)(b) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(6)(b) Words in s. 40(4) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 13; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 Words in s. 40(8) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(6)(c) S. 41 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 24, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii) S. 41A inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 19; S.I. 2005/558, art. 2, Sch. 1 Words in s. 41A(6) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 4 (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1) S. 42 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6) S. 42A inserted (1.2.2012 for specified purposes, 1.9.2012 in so far as not already in force) by Education Act 2011 (c. 21), ss. 29(2), 82(3); S.I. 2012/84, art. 3; S.I. 2012/1087, art. 3 Words in s. 42A(1) substituted (1.9.2022) by Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 1(2), 3(2); S.I. 2022/724, reg. 2 S. 42A(2)(d)(e) inserted (1.9.2022) by Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 1(3), 3(2); S.I. 2022/724, reg. 2 S. 42A(3)(c) inserted (1.9.2022) by Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 1(4), 3(2); S.I. 2022/724, reg. 2 S. 42A(4A) inserted (1.9.2022) by Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 1(5), 3(2); S.I. 2022/724, reg. 2 S. 42A(6) omitted (1.9.2022) by virtue of Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 1(6), 3(2); S.I. 2022/724, reg. 2 Words in s. 42A(7) omitted (2.1.2018) by virtue of Technical and Further Education Act 2017 (c. 19), ss. 2(3), 47(2); S.I. 2017/1055, reg. 3(c) Words in s. 42A(7) omitted (1.9.2022) by virtue of Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 1(7), 3(2); S.I. 2022/724, reg. 2 S. 42B inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), ss. 2(2), 47(2); S.I. 2017/1055, reg. 3(c) Words in s. 42B(1) substituted (1.1.2023) by Skills and Post-16 Education Act 2022 (c. 21), ss. 14(2), 36(3); S.I. 2022/1349, reg. 2 S. 42B(1A) inserted (1.1.2023) by Skills and Post-16 Education Act 2022 (c. 21), ss. 14(3), 36(3); S.I. 2022/1349, reg. 2 S. 42B(2A)(2B) inserted (1.1.2023) by Skills and Post-16 Education Act 2022 (c. 21), ss. 14(4), 36(3); S.I. 2022/1349, reg. 2 Words in s. 42B(5)(c) inserted (1.1.2023) by Skills and Post-16 Education Act 2022 (c. 21), ss. 14(5)(a), 36(3); S.I. 2022/1349, reg. 2 S. 42B(5)(d) inserted (1.1.2023) by Skills and Post-16 Education Act 2022 (c. 21), ss. 14(5)(b), 36(3); S.I. 2022/1349, reg. 2 Words in s. 42B(8) inserted (1.1.2023) by Skills and Post-16 Education Act 2022 (c. 21), ss. 14(6), 36(3); S.I. 2022/1349, reg. 2 S. 42B(9A) inserted (1.1.2023) by Skills and Post-16 Education Act 2022 (c. 21), ss. 14(7), 36(3); S.I. 2022/1349, reg. 2 Words in s. 42B(10) substituted (30.9.2022) by Skills and Post-16 Education Act 2022 (c. 21), ss. 12(10), 36(3); S.I. 2022/965, reg. 3(7) (with regs. 4, 5) S. 43 substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(7) Words in s. 43 heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(3)(g), 82(3); S.I. 2012/1087, art. 3 Words in s. 43(1) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(3)(a), 82(3); S.I. 2012/1087, art. 3 S. 43(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 217(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 S. 43(2)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 217(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 S. 43(2)(c) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 217(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 Words in s. 43(2)(c) omitted (W.) (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 18(3); S.I. 2013/1800, art. 3(j) S. 43(2)(d) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(b), 82(3); S.I. 2012/1087, art. 3 S. 43(2A)(2B) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(c), 82(3); S.I. 2012/1087, art. 3 Words in s. 43(3) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(d)(i), 82(3); S.I. 2012/1087, art. 3 S. 43(3)(b) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(d)(ii), 82(3); S.I. 2012/1087, art. 3 S. 43(4) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(e), 82(3); S.I. 2012/1087, art. 3 Words in s. 43(6) substituted (1.9.2022) by Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 2(1), 3(2); S.I. 2022/724, reg. 2 Words in s. 43(6) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(3)(f)(ii), 82(3); S.I. 2012/1087, art. 3 Words in s. 44 heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(f), 82(3); S.I. 2012/1087, art. 3 Words in s. 43(3)(a) substituted (in force for specified purposes on 28.7.2000 and 1.4.2001 for E. and W.) by 2000 c. 21, s. 149, Sch. 9 para. 72; S.I. 2001/654, art. 2, Sch. Pt. I; S.I. 2001/1274, art. 2, Sch. Pt. I Words in s. 44(8)(a) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(a), 82(3); S.I. 2012/1087, art. 3 Words in s. 44(8)(a) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(8)(a)(i) Word in s. 44(8) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(8)(a)(ii) S. 44(8)(aa) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(8)(a)(iii) Words in s. 44(8)(b) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(b), 82(3); S.I. 2012/1087, art. 3 S. 44(9) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(c), 82(3); S.I. 2012/1087, art. 3 S. 44(10)(a) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(8)(b) Words in s. 44(10)(a) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(d), 82(3); S.I. 2012/1087, art. 3 Words in s. 44(10)(b) inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(4)(e), 82(3); S.I. 2012/1087, art. 3 Words in s. 45(2)(a) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(5)(a), 82(3); S.I. 2012/1087, art. 3 Words in s. 45(2)(a) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(9)(a)(i) Word in s. 45(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(9)(a)(ii) S. 45(2)(aa) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(9)(a)(iii) Words in s. 45(2) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(5)(b), 82(3); S.I. 2012/1087, art. 3 S. 45(2A)(2B) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), ss. 29(5)(c), 82(3); S.I. 2012/1087, art. 3 S. 45(3) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(5)(d), 82(3); S.I. 2012/1087, art. 3 S. 45(3A) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(9)(b) Words in s. 45(5) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(5)(e), 82(3); S.I. 2012/1087, art. 3 S. 45A inserted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 81(4), 173(4); S.I. 2009/1513, art. 3 Words in s. 45A heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(6)(c), 82(3); S.I. 2012/1087, art. 3 Word in s. 45A(1) substituted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(6)(a), 82(3); S.I. 2012/1087, art. 3 Words in s. 45A(2) substituted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), ss. 2(4), 47(2); S.I. 2017/1055, reg. 3(c) S. 45B inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 45(2), 49(2); S.I. 2009/3174, art. 2(1)(p) Word in s. 45B heading inserted (1.9.2012) by Education Act 2011 (c. 21), ss. 29(7), 82(3); S.I. 2012/1087, art. 3 Word in s. 45B(6) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(10)(a)(i) S. 45B(6)(aa) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(10)(a)(ii) Words in s. 45B(7) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(10)(b)(i)(aa) Words in s. 45B(7) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(10)(b)(i)(bb) Words in s. 45B(7) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(10)(b)(ii) Words in s. 46 heading substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(a) Word in s. 46(1) omitted (1.9.2022) by virtue of Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 2(2)(a), 3(2); S.I. 2022/724, reg. 2 Words in s. 46(1) substituted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(a), 82(3); S.I. 2012/84, art. 3 Words in s. 46(1) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(b)(i) Word in s. 46(1) inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), ss. 2(5)(a), 47(2); S.I. 2017/1055, reg. 3(c) Word in s. 46(1) omitted (1.9.2022) by virtue of Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 2(2)(b), 3(2); S.I. 2022/724, reg. 2 Words in s. 46(1) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(b)(ii) Word in s. 46(1) inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), ss. 2(5)(b), 47(2); S.I. 2017/1055, reg. 3(c) S. 46(1A)(1B) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(c) Words in s. 46(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(d) S. 46(2A) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(b), 82(3); S.I. 2012/84, art. 3 Words in s. 46(3)(a) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(c), 82(3); S.I. 2012/84, art. 3 Words in s. 46(5) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(d), 82(3); S.I. 2012/84, art. 3 S. 49 repealed (31.3.2003 for W. for specified purposes, 1.6.2003 for E., 2.1.2008 for W. so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 71, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3; S.I. 2007/3611, art. 4(1), Sch. Pt. 1 S. 50 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.218, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch.1 S. 52(4)(5) repealed (1.10.1998) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para.218, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch.1, Pt. I S. 53A inserted (1.12.2003) by The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2867), reg. 1, Sch. para. 26 Words in s. 54(1) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 22, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Words in s. 54(2) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(4)(a); S.I. 2015/1687, art. 2 (with arts. 3-12) S. 54(2A) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 2(4)(b); S.I. 2015/1687, art. 2 (with arts. 3-12) S. 54(2A) inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(7)(b), 82(3); S.I. 2012/924, art. 3 Words in s. 56(1) inserted (W.) (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 28 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3) S. 57(2) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.220, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch.3 S. 57(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.220, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch.3 Words in s. 58(4) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.221, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Words in s. 58(6) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 23(a)(i), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Words in s. 58(6) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 23(a)(ii), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Words in s. 58(6) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 23(a)(iii), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Words in s. 58(6) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 23(b); S.I. 2010/1151, art. 2, Sch. 1 Words in s. 58(6) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 23(a)(iv), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Sch. 1 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch. 31 (with ss. 138(9), 144(6); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 2 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 3 repealed (1.2.1999 to the extent that it relates to the repeal of paragraphs 1 and 2 of the Schedule inserted as Schedule 33B to the 1996 Act set out in Sch. 3, and wholly repealed (1.9.1999)) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch.1 Pt. III and S.I. 1999/2323, art. 2(1), Sch.1 Sch. 4 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 24, Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Sch. 5 omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 25 (with art. 7) Sch. 6 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6) Sch. 7 para. 1 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Sch. 7 para. 2 and cross-heading repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Sch. 7 para. 3(1)(b) and preceding word repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Sch. 7 para. 4(3) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Sch. 7 para. 5 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch.5 Sch. 7 para. 6 repealed (27.7.1999 with effect as mentioned in s. 59(3)(b) of the repealing Act) by 1999 c. 16, s. 139, Sch. 20 Pt. III(15) Sch. 7 para. 7 repealed (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 10 (with s. 20(2), Sch. 8) Sch. 7 para. 8 repealed (1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4 Sch. 7 para. 9(3) repealed (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II Sch. 7 para. 14 repealed (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 27, 28 repealed (1.10.2002 for E. for specified purposes, 20.1.2003 for E in so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/2952, art. 2 Sch. 7 paras. 27, 28 repealed (1.10.2002 for E. for specified purposes, 20.1.2003 for E in so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/2952, art. 2 Sch. 7 para. 29(a) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 para. 36 repealed (1.4.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 223, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Sch. 7 paras. 15-22, 25, 31-35, 40, 45-51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 Act: functions transferred (1.7.1999) in relation to specified provisions by S.I. 1999/672, art. 2, Sch.1 Act applied (E.W.) (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2 Act applied (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2 Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2) Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb) S. 19 ceases to have effect (E.) (1.10.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 66(1), 115(7); S.I. 2015/1732, art. 2(g) S. 29 modified (temp.) (1.4.2006) by Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), arts. 1(1), 7(4) (with art. 7) S. 38 modified (31.8.2008) by Childcare Act 2006 (c. 21), ss. 28, 109(2); S.I. 2008/17, art. 2(a) S. 38(5) applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 2(a) S. 39: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3(j) S. 40(2)(3)(5)-(7) applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 2(a) S. 42A applied (with modifications) (E.) (1.9.2013) by The Careers Guidance in Schools Regulations 2013 (S.I. 2013/709), regs. 1, 2 S. 42A(4)(b) excluded (E.) (1.9.2013) by The Careers Guidance in Schools Regulations 2013 (S.I. 2013/709), regs. 1, 3 Ss. 43, 44 modified (1.8.2001) by S.I. 2001/1987, reg. 2 S. 43: functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928) art. 3, {Sch. 3(k)} S. 43 extended (E.) (1.9.2004) by Education (Extension of Careers Education) (England) Regulations 2003 (S.I. 2003/2645), regs. 1(1), 2 S. 43: power to modify conferred (temp.) (W.) by Coronavirus Act 2020 (c. 7), Sch. 17 para. 7 (as amended (26.8.2020) by The Curriculum Requirements (Amendment of paragraph 7(6) of Schedule 17 to the Coronavirus Act 2020) (Wales) Regulations 2020 (S.I. 2020/891), regs. 1(2), 2(2)) Ss. 43, 44 modified (1.8.2001) by S.I. 2001/1987, reg. 2 S. 45 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(d), 7(b) 1996 c. 56. 1973 c. 35. 1973 c. 35. 1996 c. 56. 1996 c. 56. 1982 c. 39. 1891 c. 39. 1996 c. 56. 1996 c. 56. S. 54(3) power partly exercised (3.4.1997): 4.4.1997 appointed for specified provisions by S.I. 1997/1153 s. 54(3) power partly exercised (5.6.1997): different dates appointed for specified provisions by S.I. 1997/1468 (with savings and transitional provisions) S. 54(3) power partly exercised (24.2.1998): different dates appointed for specified provisions by S.I. 1998/386 (with savings and transitional provisions) S. 58(3) power partly exercised (3.4.1997): 4.4.1997 appointed for specified provisions by S.I. 1997/1153 S. 58(3) power partly exercised (5.6.1997): different dates appointed for specified provisions by S.I. 1997/1468 (with savings and transitional provisions) S. 58(3) power partly exercised (24.2.1998): different dates appointed for specified provisions by S.I. 1998/386 (with savings and transitional provisions) S. 58(3) power partly exercised (26.3.2001): 1.9.2001 appointed for specified provisions by S.I. 2001/1215, art. 2 An Act to amend the law relating to education in schools and further education in England and Wales; to make provision for the supervision of the awarding of external academic and vocational qualifications in England, Wales and Northern Ireland; and for connected purposes. Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In section 479 of the Education Act 1996 (the assisted places scheme), in subsection (2) (by virtue of which a “participating school” must be one providing secondary education), the words “providing secondary education” shall be omitted.
For section 154 of the Education Act 1996 there shall be substituted—
After section 306 of the Education Act 1996 there shall be inserted—
In Schedule 28 to that Act (government and conduct of grant-maintained special schools), in paragraph 15 (application of section 307 to such schools) for “Section” there shall be substituted “Each of sections 306A (responsibility for discipline) and”.
After section 550 of the Education Act 1996 there shall be inserted—
After the section 550A inserted in the Education Act 1996 by section 4 of this Act there shall be inserted—
In section 156 of the Education Act 1996 (exclusion of pupils from county, voluntary or maintained special school), in subsection (2) (which imposes a limit on fixed-period exclusions of 15 school days per term), for “15 school days in any one term” there shall be substituted “45 school days in any one school year”.
In section 307 of that Act (exclusion of pupils from grant-maintained school), in subsection (1) (which also imposes a limit on fixed-period exclusions of 15 school days per term), for “15 school days in any one term” there shall be substituted “45 school days in any one school year”.
Schedule 16 to the Education Act 1996 (appeals against exclusion or reinstatement of pupils) shall be amended as follows.
After paragraph 7 there shall be inserted—
For paragraph 8 there shall be substituted—
After paragraph 12 there shall be inserted—
After section 307 of the Education Act 1996 there shall be inserted—
After Schedule 25 to that Act there shall be inserted as Schedule 25A the Schedule set out in Schedule 1 to this Act.
At the end of Schedule 28 to that Act (government and conduct of grant-maintained special schools) there shall be added—
After section 527 of the Education Act 1996 there shall be inserted—
All registered pupils at a school to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.
This section applies to—
county and voluntary schools;
grant-maintained schools;
maintained or grant-maintained special schools (other than those established in hospitals);
city technology colleges and city colleges for the technology of the arts; and
pupil referral units.
It is the duty of each of the following to secure that subsection (1) is complied with, namely—
in the case of a school falling within subsection (2)(a) to (c), the governing body of the school and its head teacher,
in the case of a school falling within subsection (2)(d), the proprietors of the school and its head teacher, and
in the case of a pupil referral unit, the local education authority maintaining the unit and the teacher in charge of it.
Each of sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) shall, in relation to the duty imposed by subsection (3) above, have effect as if any reference to a body to which that section applies included a reference to the proprietors of a school falling within subsection (2)(d) above.
For the purposes of this section the relevant phase of a pupil’s education is the period—
beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and
ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.
In this section—
“class”, in relation to a particular pupil, means—
“specified” means specified in the regulations in question.
Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be provided with—
the name and address of every relevant pupil or student at the institution; and
any information in the institution’s possession about any such pupil or student which the careers adviser needs in order to be able to provide him with advice and guidance on decisions about his career or with other information relevant to such decisions.
If the registered address of a parent of any such pupil is different from the pupil’s registered address, subsection (1)(a) requires the parent’s address to be provided as well.
Paragraph (a) or (as the case may be) paragraph (b) of subsection (1) does not, however, apply to any pupil or student to the extent that— has indicated that any information falling within that paragraph should not be provided to the careers adviser.
(where he is under the age of 18) a parent of his, or
(where he has attained that age) he himself,
Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any relevant pupil or student specified by him, access to that person— for the purpose of enabling him to provide that person with advice and guidance on decisions about his career and with any other information relevant to such decisions.
on the institution’s premises, and
at a reasonable time agreed by or on behalf of the head teacher, principal or other head of the institution,
Such access shall include an opportunity for the careers adviser to interview that person about his career, if he agrees to be so interviewed.
Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any group of relevant pupils or students specified by him, access— for the purpose of enabling him to provide those persons with group sessions on any matters relating to careers or to advice or guidance about careers.
to that group of persons in the manner specified in subsection (4)(a) and (b), and
to such of the institution’s facilities as can conveniently be made available for his use,
Any request made for the purposes of subsection (1), (4) or (6) must be made in writing to the head teacher, principal or other head of the institution in question.
This section applies to—
the schools listed in section 43(2)(a) to (d); and
institutions within the further education sector.
It is the duty of each of the following to secure that subsections (1), (4) and (6) are complied with, namely— and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).
in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and
in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;
For the purposes of this section—
a pupil at a school is a relevant pupil—
at any time during the period which is the relevant phase of his education for the purposes of section 43, or
if he is over compulsory school age and receiving secondary education; and
a person is a relevant student at an institution within the further education sector if he is receiving at the institution either—
full-time education, or
part-time education of a description commonly undergone by persons in order to fit them for employment.
For the purposes of this section—
“careers adviser” means a person who is employed by a body providing services in pursuance of arrangements made or directions given under section 10 of the Employment and Training Act 1973 and who is acting, in the course of his employment by that body, for the purposes of the provision of any such services; and
a careers adviser has responsibilities for any persons if his employment by that body includes the provision of any such services for them.
In this section “career” has the same meaning as in section 43.
Persons attending an educational institution to which this section applies must be provided with access to both— relating to careers education and career opportunities.
guidance materials, and
a wide range of up-to-date reference materials,
This section applies to—
the schools listed in section 43(2)(a) to (d); and
institutions within the further education sector.
It is the duty of each of the following to secure that subsection (1) is complied with, namely— and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).
in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and
in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;
The persons who under subsection (3) above are responsible for discharging that duty in relation to an institution shall seek assistance with discharging it from a body providing services in pursuance of arrangements made or directions given under section 10 of the Employment and Training Act 1973.
In this section “career” and “careers education” have the same meaning as in section 43.
Nothing in this section applies to any primary school.
The Secretary of State may by regulations extend the scope of operation of section 43 or section 44 by substituting for the period specified in section 43(5) or section 44(10)(a)(i) such other period as is specified.
The Secretary of State may by regulations make provision for extending the scope of operation of section 43, 44 or 45 to primary schools or to any specified description of such schools.
The Secretary of State may by regulations make provision for requiring— to secure that a programme of careers education is provided for any specified description of persons attending such institutions.
the governing bodies of institutions within the further education sector, and
the principals or other heads of such institutions,
The Secretary of State may by regulations amend the definition of “careers adviser” set out in section 44(11)(a).
In this section—
“careers education” has the same meaning as in section 43;
Section 19 of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere) shall be amended as follows.
In subsection (1) (duty of local education authority to make arrangements for provision of suitable full-time or part-time education, at school or otherwise, for excluded children etc.), the words “full-time or part-time” shall be omitted.
In subsection (4) (power of local education authority to make arrangements for provision of suitable full-time or part-time education, otherwise than at school, for excluded young persons etc.), the words “full-time or part-time” shall be omitted.
After that subsection there shall be inserted—
At the end of Schedule 1 to the Education Act 1996 (pupil referral units) there shall be added—
In section 411(3) of the Education Act 1996 (cases where parental preference need not be complied with), for paragraph (c) there shall be substituted—
After section 411 of the Education Act 1996 there shall be inserted—
After section 423 of the Education Act 1996 there shall be inserted—
After Schedule 33 to the Education Act 1996 there shall be inserted as Schedule 33A the Schedule set out in Schedule 2 to this Act.
After section 413 of the Education Act 1996 there shall be inserted—
After section 425 of the Education Act 1996 there shall be inserted—
After the Schedule 33A to the Education Act 1996 inserted by section 12 of this Act there shall be inserted as Schedule 33B the Schedule set out in Schedule 3 to this Act.
In this Chapter—
“baseline assessment scheme” means a scheme designed to enable pupils at a maintained primary school to be assessed for the purpose of assisting the future planning of their education and the measurement of their future educational achievements;
any county or voluntary school;
“maintained primary school” means a primary school which is— or (in relation only to Wales) a maintained nursery school.
a county or voluntary school,
“careers education” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;
“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales; and
The governing body of each maintained primary school with pupils who are required to be assessed under section 17 shall adopt a baseline assessment scheme for the school in accordance with the following provisions of this section; but subsections (2) to (5) below have effect subject to subsection (6).
A baseline assessment scheme may be so adopted if (and only if) the scheme has been accredited by a designated body in accordance with criteria determined with the approval of the Secretary of State, and published, by that body.
A local education authority may prepare, and seek accreditation of, a baseline assessment scheme with a view to its being adopted by the governing bodies of primary schools maintained by the authority.
Each local education authority shall select an accredited baseline assessment scheme which they consider suitable to be so adopted (and which may be a scheme prepared by them under subsection (3)).
However, in the case of any particular maintained primary school, the baseline assessment scheme which is to be adopted for the school under this section by its governing body shall be such scheme to which subsection (2) applies as is chosen— and, when choosing the scheme to be adopted for a school which is maintained by a local education authority, the head teacher or (as the case may be) the governing body shall ensure that the scheme selected by the authority under subsection (4) is considered (whether on its own or with any other schemes).
by the head teacher after consulting the governing body; or
if such a scheme is not so chosen by him within a reasonable time, by the governing body;
The Secretary of State may by order require the governing body of each maintained primary school with pupils who are required to be assessed under section 17 to adopt for their school such baseline assessment scheme as is referred to in the order; and so long as any such order is in force subsections (2) to (5) above shall not apply.
Subject to subsections (3) and (4), all pupils at a maintained primary school who are at the relevant stage of their education must be assessed in accordance with a baseline assessment scheme adopted for the school under section 16.
The assessment must be completed before the end of the prescribed period.
Subsection (1) does not apply to a pupil if it appears to the head teacher from a record of a previous assessment under that subsection that such an assessment has already been carried out in relation to the pupil at another school.
Regulations may enable a head teacher of a maintained primary school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct—
that subsection (1) is not to apply to a particular registered pupil at the school, or
that, for the purposes of the assessment under that subsection of a particular registered pupil at the school, the school’s baseline assessment scheme is to have effect with such modifications as are specified in the direction.
Where the head teacher gives such a direction he shall notify— of the matters set out in subsection (6); and he shall take such steps as are prescribed to notify a parent of the pupil concerned of those matters.
the governing body, and
if the school is maintained by a local education authority, that authority,
The matters referred to in subsection (5) are—
the fact that the head teacher has given the direction in question and his reasons for doing so;
in the case of a direction under subsection (4)(b), the effect of the modifications specified in the direction; and
whether the direction is to have permanent effect (and, if not, the period for which it is to have effect).
In relation to any maintained primary school— that subsection (1) is complied with.
the governing body and (except in the case of a grant-maintained or grant-maintained special school) the local education authority shall exercise their functions with a view to securing, and
the head teacher shall secure,
Regulations shall prescribe the circumstances in which a pupil is to be regarded as being at the relevant stage of his education for the purposes of subsection (1), and any such circumstances may be framed by reference to, or to matters which include, the pupil’s age.
The Secretary of State may by regulations confer or impose such functions— as appear to him to be required in connection with any provision of this Chapter.
on the governing body and the head teacher of a maintained primary school,
(except in relation to any grant-maintained or grant-maintained special school) on a local education authority, and
on a designated body,
Regulations under this section may in particular make provision requiring—
the local education authority, or (in the case of a grant-maintained or grant-maintained special school) a designated body, to be notified—
of the baseline assessment scheme for the time being adopted for any maintained primary school with pupils who are required to be assessed under section 17, and
where any assessment has been carried out under that section at any such school, that it has been so carried out;
the results of any assessments carried out under that section to be recorded and notified—
to such persons as are specified in the regulations, and
where the pupils in question transfer to other schools, to those other schools.
Regulations under this section may also make provision requiring a local education authority—
to notify a designated body of any assessments notified to the authority in pursuance of regulations under subsection (2)(a)(ii); and
to collect other information relating to assessments carried out under section 17 at schools maintained by the authority and to forward such information to a designated body.
The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for requiring the governing bodies of maintained schools to secure that annual targets are set in respect of the performance of pupils—
in public examinations or in assessments for the purposes of the National Curriculum, in the case of pupils of compulsory school age; or
in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.
Regulations under this section may require— to be published in such manner as is specified in the regulations.
such targets, and
the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,
In this section “maintained school” means—
a county or voluntary school;
a grant-maintained school; or
a maintained or grant-maintained special school (other than one established in a hospital).
After section 537 of the Education Act 1996 there shall be inserted—
There shall be a body corporate known as the Qualifications and Curriculum Authority.
The Authority shall consist of not less than 8 nor more than 13 members appointed by the Secretary of State.
Of the members of the Authority, the Secretary of State—
shall appoint one as chairman, and
may appoint another as deputy chairman.
The Secretary of State shall include among the members of the Authority—
persons who appear to him to have experience of, and to have shown capacity in, the provision of education, or to have held, and to have shown capacity in, any position carrying responsibility for the provision of education;
persons who appear to him to have experience of, and to have shown capacity in, the provision of training or to have held, and to have shown capacity in, any position carrying responsibility for the provision of training; and
persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.
Schedule 4 has effect in relation to the Authority.
The functions conferred on the Qualifications and Curriculum Authority by this Part shall be exercised by the Authority for the purpose of advancing education and training in England and (so far as such functions are exercisable there) in Wales and in Northern Ireland.
The Authority shall exercise their functions under this Part with a view to promoting quality and coherence in education and training in relation to which they have functions under this Part.
The Qualifications and Curriculum Authority shall have the functions set out in subsection (2) with respect to pupils of compulsory school age at maintained schools in England.
The functions are—
to keep under review all aspects of the curriculum for such schools and all aspects of school examinations and assessment;
to advise the Secretary of State on such matters concerned with the curriculum for such schools or with school examinations and assessment as he may refer to them or as they may see fit;
to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for such schools or with school examinations and assessment;
to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;
to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; and
so far as relevant to such schools, the functions conferred by section 24(2)(h) and (i).
The Authority shall have, in relation to England, the function of developing learning goals and related materials for children who are receiving nursery education in respect of which grants are (or are to be) made under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.
The Authority shall have, in relation to England, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—
if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and
any other function which may be conferred on the Authority by the Secretary of State.
In this section—
“assessment” includes examination and test; and
“authorised person” means a person authorised by the Audit Commission for the purposes of this section.
any grant-maintained school; and
any maintained or grant-maintained special school.
The Qualifications and Curriculum Authority shall have, in relation to England, the functions set out in subsection (2) with respect to external qualifications.
The functions are—
to keep under review all aspects of such qualifications;
to advise the Secretary of State on such matters concerned with such qualifications as he may refer to them or as they may see fit;
to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with such qualifications;
to provide support and advice to persons providing courses leading to such qualifications with a view to establishing and maintaining high standards in the provision of such courses;
to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;
to develop and publish criteria for the accreditation of such qualifications;
to accredit, where they meet such criteria, any such qualifications submitted for accreditation;
if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and
if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.
Except to the extent that, by virtue of an order under section 30(1), they are for the time being exercisable with respect to such qualifications solely by the Qualifications, Curriculum and Assessment Authority for Wales, the functions set out in subsection (2)(a) to (g) shall be so exercisable in relation to Wales by the Qualifications and Curriculum Authority, and shall be so exercisable either—
solely by the Authority, or
if an order under section 30(1) so provides, by the Authority concurrently with the Qualifications, Curriculum and Assessment Authority for Wales.
The functions set out in subsection (2)(a) to (g) shall also be exercisable by the Qualifications and Curriculum Authority in relation to Northern Ireland but only with respect to National Vocational Qualifications.
Subsection (2)(a) to (e) do not apply to qualifications awarded or authenticated by institutions within the higher education sector other than those which have been submitted for accreditation under subsection (2)(g).
In this section “external qualification” means—
any academic or vocational qualification authenticated or awarded by an outside person, except an academic qualification at first degree level or any comparable or higher level; or
(whether within paragraph (a) or not) any National Vocational Qualification.
For the purposes of this section—
a qualification is awarded by an outside person if the course of education or training leading to the qualification is provided by an institution or an employer and it is awarded by a person other than the institution or employer or a member of its or his staff; and
a qualification is authenticated by an outside person if it is awarded by an institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.
The Qualifications and Curriculum Authority shall advise the Secretary of State on such matters connected with the provision of education or training in England as the Secretary of State may specify by order.
The Authority shall carry out such ancillary activities as the Secretary of State may direct.
For the purposes of subsection (2) activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under this Part.
The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as the Secretary of State may require.
In carrying out their functions under this Part the Qualifications and Curriculum Authority shall—
comply with any directions given by the Secretary of State; and
act in accordance with any plans approved by him; and
so far as relevant, have regard to—
the requirements of section 351 of the Education Act 1996 (general duties in respect of curriculum),
the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and
the requirements of persons with special learning needs.
In carrying out those functions the Authority shall in addition have regard to information supplied to them by Her Majesty’s Chief Inspector of Schools in England or by any body designated by the Secretary of State for the purposes of this section.
Where in carrying out any of their functions under this Part the Authority accredit or approve any qualification, they may do so on such terms (including terms as to payment) and subject to such conditions as they may determine.
Those conditions may in particular include conditions—
placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and
requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority to satisfy themselves that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation or approval.
Before exercising on any occasion their power to impose conditions falling within subsection (4)(a) the Authority shall obtain the consent of the Secretary of State as to such matters relating to the exercise of that power as he may determine.
In this section “persons with special learning needs” means—
children with special educational needs (as defined in section 312 of the Education Act 1996); or
persons (other than children as so defined) who—
have a significantly greater difficulty in learning than the majority of persons of their age, or
have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.
The body corporate known as Awdurdod Cwricwlwm ac Asesu Cymru shall continue in existence but, as from the commencement of this section, shall be known as Awdurdod Cymwysterau, Cwricwlwm ac Asesu Cymru or the Qualifications, Curriculum and Assessment Authority for Wales.
The Authority shall consist of not less than 10 nor more than 15 members appointed by the Secretary of State.
Of the members of the Authority, the Secretary of State—
shall appoint one as chairman, and
may appoint another as deputy chairman.
The Secretary of State—
shall include among the members of the Authority—
persons who appear to him to have relevant knowledge or experience in education, and
persons who appear to him to have relevant knowledge or experience in training; and
may include among those members persons who appear to him to have experience of occupations, trades or professions having an interest in education or training.
Schedule 5 to this Act, which replaces Schedule 30 to the Education Act 1996, has effect in relation to the Authority.
The functions conferred on the Qualifications, Curriculum and Assessment Authority for Wales by this Part shall be exercised by the Authority for the purpose of advancing education and training in Wales.
The Authority shall exercise their functions under this Part with a view to promoting quality and coherence in education and training in relation to which they have functions under this Part.
The Qualifications, Curriculum and Assessment Authority for Wales shall have the functions set out in subsection (2) with respect to pupils of compulsory school age at maintained schools in Wales.
The functions are—
to keep under review all aspects of the curriculum for such schools and all aspects of school examinations and assessment;
to advise the Secretary of State on such matters concerned with the curriculum for such schools or with school examinations and assessment as he may refer to them or as they may see fit;
to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for such schools or with school examinations and assessment;
to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;
to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; and
so far as relevant to such schools, the functions conferred by section 30(3).
The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are receiving nursery education in respect of which grants are (or are to be) made under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.
The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—
if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and
any other function which may be conferred on the Authority by the Secretary of State.
In this section “assessment” and “maintained school” have the same meaning as in section 23.
The Qualifications, Curriculum and Assessment Authority for Wales shall have, in relation to Wales, such functions with respect to external qualifications as are for the time being conferred on the Authority by an order made by the Secretary of State under this subsection or by subsection (3).
The functions with respect to external qualifications which may be conferred on the Authority by an order under subsection (1) are functions falling within paragraphs (a) to (g) of section 24(2), and the functions in question may be so conferred so as to be exercisable either—
solely by the Authority, or
by the Authority concurrently with the Qualifications and Curriculum Authority.
The Authority shall have, in relation to Wales, the following functions with respect to external qualifications, namely—
if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and
if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.
Where an order under subsection (1) is made so as to come into force at any time after the day on which that subsection comes into force, the order may include provisions—
for the transfer of staff, and
for the transfer of property, rights and liabilities held, enjoyed or incurred in connection with any function which, as a result of the order, is to be exercisable by the Authority (whether solely or concurrently).
In this section “external qualification” has the same meaning as in section 24.
The Qualifications, Curriculum and Assessment Authority for Wales shall advise the Secretary of State on such matters connected with the provision of education or training in Wales as the Secretary of State may specify by order.
The Authority shall carry out such ancillary activities as the Secretary of State may direct.
For the purposes of subsection (2) activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under this Part.
The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as the Secretary of State may require.
In carrying out their functions under this Part the Qualifications, Curriculum and Assessment Authority for Wales shall—
comply with any directions given by the Secretary of State; and
act in accordance with any plans approved by him; and
so far as relevant, have regard to—
the requirements of section 351 of the Education Act 1996 (general duties in respect of curriculum),
the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and
the requirements of persons with special learning needs.
In carrying out those functions the Authority shall in addition have regard to information supplied to them by Her Majesty’s Chief Inspector of Schools in Wales or by any body designated by the Secretary of State for the purposes of this section.
Where in carrying out any of their functions under this Part the Authority accredit or approve any qualification, they may do so on such terms (including terms as to payment) and subject to such conditions as they may determine.
Those conditions may in particular include conditions—
placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and
requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority to satisfy themselves that the appropriate standards are being maintained, in relation to the award or authentication of the qualification in question, by the persons receiving the accreditation or approval.
Before exercising on any occasion their power to impose conditions falling within subsection (4)(a) the Authority shall obtain the consent of the Secretary of State as to such matters relating to the exercise of that power as he may determine.
In this section “persons with special learning needs” has the same meaning as in section 26.
The National Council for Vocational Qualifications and the School Curriculum and Assessment Authority are hereby dissolved.
The Secretary of State may by order provide for the transfer to the Qualifications and Curriculum Authority, or (as the case may be) to the Qualifications, Curriculum and Assessment Authority for Wales, of— as, in his opinion, need to be transferred to enable the transferee Authority to carry out their functions properly.
such of the land or other property of the National Council for Vocational Qualifications or the School Curriculum and Assessment Authority, and
such of the rights and liabilities of either of those bodies (other than rights and liabilities arising under contracts of employment),
No order under subsection (1) may be made after the end of the period of six months beginning with the day on which section 21 comes into force.
Any order under subsection (1) made before the day on which section 21 comes into force shall come into force on that day.
Where, immediately after the end of the period within which an order under subsection (1) may be made, any property, rights or liabilities remain vested in the National Council for Vocational Qualifications or the School Curriculum and Assessment Authority, they shall forthwith vest in the Secretary of State.
The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (2) such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.
This section applies to any person who— and in this section “the relevant Authority” means, in relation to any such person, the Authority as respects which he is designated by the order.
is employed by the National Council for Vocational Qualifications (“the NCVQ”) or the School Curriculum and Assessment Authority (“the SCAA”) immediately before section 21 comes into force, and
is designated as respects the Qualifications and Curriculum Authority, or (as the case may be) the Qualifications, Curriculum and Assessment Authority for Wales, by order of the Secretary of State;
A contract of employment between a person to whom this section applies and the NCVQ or the SCAA shall have effect, from the day on which the order under subsection (1)(b) comes into force, as if originally made between him and the relevant Authority.
Without prejudice to subsection (2)—
all the rights, powers, duties and liabilities of the NCVQ or the SCAA under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the relevant Authority on the day on which the order under subsection (1)(b) comes into force, and
anything done before that day by or in relation to the NCVQ or the SCAA in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the relevant Authority.
Subsections (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if his working conditions are changed substantially to his detriment; but such a change shall not be taken to have occurred by reason only of the change in employer effected by subsection (2).
In subsection (4) the reference to an employee’s working conditions includes a reference to any rights (whether accrued or contingent) under any pension or superannuation scheme of which he was a member by virtue of his employment with the NCVQ or the SCAA (as the case may be).
An order under subsection (1)(b) may designate a person either individually or as falling within a class or description of employee.
No order under subsection (1)(b) may be made after the end of the period of six months beginning with the day on which section 21 comes into force.
Any order under subsection (1)(b) made before the day on which section 21 comes into force shall come into force on that day.
The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (7) such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.
The Secretary of State may by regulations provide for a levy to be payable to the relevant Authority by persons who award vocational qualifications accredited by that Authority.
Regulations under this section shall—
specify the rate of the levy or the method by which it is to be calculated (and, without prejudice to the generality of section 54(3), may make different provision in relation to different cases);
make provision as to the times when, and the manner in which, payments are to be made in respect of the levy;
provide for the relevant Authority to withdraw their accreditation of a qualification in cases of non-payment of the levy.
Any sums received by the relevant Authority in respect of the levy shall be applied by them in giving such financial assistance to other bodies as the Secretary of State may specify with a view to assisting that Authority to secure the development and improvement of standards in relation to vocational qualifications.
In this section “the relevant Authority” means—
the Qualifications and Curriculum Authority in the case of a qualification accredited by that Authority; and
the Qualifications, Curriculum and Assessment Authority for Wales in the case of a qualification accredited by that Authority.
The Secretary of State may by regulations provide— unless (in each case) the qualification is for the time being approved by the Secretary of State or a designated body in accordance with the regulations.
that no course of study leading to an external qualification is to be provided with the use of any specified public funding, and
that no course of study leading to an external qualification is to be provided for pupils of compulsory school age by or on behalf of a maintained school,
Regulations under this section may in particular make provision—
prescribing the conditions required to be satisfied before any qualification may be so approved and the circumstances in which any approval may be withdrawn;
conferring functions on a designated body in relation to any such conditions; and
imposing duties on governing bodies of institutions providing courses of study to which the regulations apply, and on head teachers, principals and other heads of such institutions, to secure compliance with the regulations.
Regulations under this section shall not apply to—
any course of study provided at an institution within the higher education sector; or
any course of study leading to a qualification awarded or authenticated by any such institution.
In this section—
“designated” means designated by the Secretary of State;
the teaching group in which he is regularly taught, or
“maintained school” has the same meaning as in section 23; and
“career” includes the undertaking of any training, employment or occupation or any course of education;
Sections 400 and 401 of the Education Act 1996 (courses leading to external qualifications provided at schools and further education institutions), which are superseded by this section, shall cease to have effect.
The Chief Inspector— arrange for any local education authority to be inspected under this section.
may, and
if requested to do so by the Secretary of State, shall,
An inspection of a local education authority under this section shall consist of a review of the way in which the authority are performing any function of theirs (of whatever nature) which relates to the provision of education—
for persons of compulsory school age (whether at school or otherwise), or
for persons of any age above or below that age who are registered as pupils at schools maintained by the authority.
A request by the Secretary of State under this section may relate to one or more local education authorities, and shall specify both—
the local education authority or authorities concerned, and
the functions of theirs to which the inspection is to relate.
Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).
Any inspection under this section shall be conducted— but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.
by one of Her Majesty’s Inspectors of Schools in England or (as the case may require) Wales, or
by any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;
For the purposes of this section a local education authority shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and— as regulations may provide.
within such period following a request made by the Chief Inspector in any prescribed circumstances, or
at such other times,
In this section and sections 39 to 41 “the Chief Inspector” means— and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.
in relation to a local education authority in England, Her Majesty’s Chief Inspector of Schools in England; and
in relation to a local education authority in Wales, Her Majesty’s Chief Inspector of Schools in Wales;
Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—
any local education authority to which the inspection relates; and
the Secretary of State.
Where a local education authority receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
The authority shall publish— within such period, and in such manner, as may be prescribed.
the report, and
the statement prepared under subsection (2),
The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate.
The inspector in the case of any inspection under section 38, and any person assisting him, shall have at all reasonable times— and section 42 of the School Inspections Act 1996 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of this section as it applies for the purposes of Part I of that Act.
a right of entry to the premises of any local education authority to which the inspection relates, and
a right to inspect, and take copies of, any records kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the exercise of his functions;
Without prejudice to subsection (1) above, a local education authority to which an inspection under section 38 relates shall give the inspector, and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give.
In the case of any inspection under section 38, subsection (1) above shall apply in relation to any school maintained by any local education authority to which the inspection relates as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—
the governing body of any such school shall give the inspector, and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give; and
the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.
In this section “document” and “records” each include information recorded in any form.
If requested to do so by the Chief Inspector, the Audit Commission may assist with any inspection under section 38; and subsections (2) to (5) below have effect where the Commission assist with any such inspection.
Section 40 shall apply to the Commission and to any authorised person as it applies to the inspector.
Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.
Those categories are—
the Commission and any authorised person; and
the inspector and any person assisting him.
Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Commission.
The Commission shall not provide assistance under this section unless, before it does so, the Chief Inspector has agreed to pay the Commission an amount equal to the full costs incurred by the Commission in providing the assistance.
In this section—
Schedule 6 (which contains amendments relating to inspections under the School Inspections Act 1996 and the Nursery Education and Grant-Maintained Schools Act 1996) shall have effect.