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Part 10 U.K.General

F1178Framework power relating to WalesE+W

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Textual Amendments

Commencement Information

I1S. 178 in force at 8.1.2007, see s. 188(2)

F2179Restrictions on framework power conferred by section 178E+W

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Textual Amendments

Commencement Information

I2S. 179 in force at 8.1.2007, see s. 188(2)

180Functions to be exercisable by National Assembly for WalesE+W

(1)Any function conferred on the Secretary of State by virtue of the amendments made by the provisions mentioned in subsection (2), so far as exercisable in relation to Wales, is to be taken to have been transferred to the Assembly by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).

(2)Those provisions are—

Textual Amendments

181Orders and regulations: general provisionsU.K.

(1)Any power to make an order or regulations conferred by this Act on the Secretary of State or the Assembly is exercisable by statutory instrument.

(2)Any power of the Secretary of State or the Assembly to make an order or regulations under this Act includes power—

(a)to make different provision for different cases or areas,

(b)to make provision generally or in relation to specific cases, and

(c)to make such incidental, supplementary, transitional or saving provision as the Secretary of State or the Assembly thinks fit.

182Parliamentary control of orders and regulationsU.K.

(1)Subject to subsection (2), any statutory instrument containing regulations or an order made under this Act by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(2)Subsection (1) does not apply to—

(a)an order under section 15(7)(b) (designation of primary school as rural primary school for purposes of sections 15 and 16),

(b)an order under section 188(3) (commencement), or

(c)an instrument to which subsection (3) applies.

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

(a)an order under section 80 (power to repeal the school travel scheme provisions),

(b)an order under section 162 (power to repeal references to “local education authority” and “children's services authority” etc) which amends or repeals any provision of a public general Act, or

(c)regulations under section 183 which amend or repeal any provision of an Act,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

183Power to make consequential and transitional provision etcE+W

(1)The Secretary of State may by regulations make—

(a)any supplementary, incidental or consequential provision, and

(b)any transitional or saving provision,

that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect, to any provision of this Act.

(2)Regulations under this section may in particular—

(a)provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications;

(b)amend or repeal any provision of—

(i)an Act passed before or in the same Session as this Act, or

(ii)subordinate legislation made before the passing of this Act.

(3)Nothing in this section limits the power by virtue of section 181(2) to include transitional or saving provision in an order under section 188(3) (commencement).

(4)The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by, or may be made under, any other provision of this Act.

184RepealsE+W

The enactments specified in Schedule 18 (which include spent enactments) are repealed to the extent specified.

Commencement Information

I3S. 184 partly in force; s. 184 in force at 8.11.2006 for certain purposes see s. 188(1); s. 184 in force at 8.1.2007 for certain purposes see s. 188(2)

I4S. 184 in force at 12.12.2006 for specified purposes by S.I. 2006/2990, art. 2(h)

I5S. 184 in force at 8.1.2007 for specified purposes for E. by S.I. 2006/3400, art. 2(d)

I6S. 184 in force at 8.1.2007 for specified purposes by S.I. 2006/3400, art. 3(g)

I7S. 184 in force at 8.2.2007 for specified purposes for E. by S.I. 2006/3400, art. 4(b)

I8S. 184 in force at 27.2.2007 for specified purposes for E. by S.I. 2006/3400, art. 6(f)

I9S. 184 in force at 27.2.2007 for specified purposes by S.I. 2006/3400, art. 7(d)

I10S. 184 in force at 1.4.2007 for specified purposes for E. by S.I. 2007/935, art. 4(c)

I11S. 184 in force at 1.4.2007 for specified purposes by S.I. 2007/935, art. 5(z)

I12S. 184 in force at 25.5.2007 for specified purposes for E. by S.I. 2007/935, art. 6(c)

I13S. 184 in force at 25.5.2007 for specified purposes by S.I. 2007/935, art. 7(m)

I14S. 184 in force at 1.9.2007 for specified purposes for E. by S.I. 2007/1801, art. 3(g)

I15S. 184 in force at 1.9.2007 for specified purposes by S.I. 2007/1801, art. 4(j)

185Financial provisionsU.K.

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

(a)any expenditure incurred by virtue of this Act by the Office for Standards in Education, Children's Services and Skills or by a Minister of the Crown, and

(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(2)There are to be paid into the Consolidated Fund—

(a)sums received by Her Majesty's Chief Inspector of Education, Children's Services and Skills by virtue of this or any other Act, and

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

186Abbreviations of ActsU.K.

In this Act—

187General interpretationU.K.

(1)In this Act—

(2)Subject to subsection (4), EA 1996 and the provisions of this Act specified in subsection (3) are to be read as if those provisions were contained in EA 1996.

(3)The provisions of this Act referred to in subsection (2) are—

(a)section 5 (school improvement partners);

(b)Part 2 (establishment, alteration or discontinuance of schools in England);

(c)section 39 (general restriction on selection by ability);

(d)Part 4 (schools causing concern: England);

(e)Part 7 (discipline, behaviour and exclusion);

(f)section 166 (collaboration arrangements: maintained schools and further education bodies).

(4)Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of EA 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

(5)Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of SSFA 1998.

188CommencementU.K.

(1)The following provisions come into force on the day on which this Act is passed—

(2)The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(3)The remaining provisions of this Act come into force in accordance with provision made by the appropriate authority (as defined by section 189) by order.

189The appropriate authority by whom commencement order is madeU.K.

(1)This section has effect for determining who is the appropriate authority for the purposes of section 188(3).

(2)In relation to the provisions specified in subsection (3), the appropriate authority is—

(a)in relation to England, the Secretary of State, and

(b)in relation to Wales, the Assembly.

(3)Those provisions are—

(4)In relation to the provisions specified in subsection (5), the appropriate authority is the Assembly.

(5)Those provisions are—

(6)In relation to a repeal contained in Part 6 of Schedule 18, and section 184 so far as relating to such a repeal, the appropriate authority is the appropriate authority for the purposes of section 188(3) in relation to the provision on which the repeal is consequential.

(7)In relation to the other provisions to which section 188(3) applies, the appropriate authority is the Secretary of State.

190ExtentU.K.

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

(2)The following provisions extend also to Scotland and Northern Ireland—

(3)Any amendment or repeal made by this Act, other than any amendment made by paragraph 2 of Schedule 10, has the same extent as the enactment amended or repealed.

191Short titleU.K.

(1)This Act may be cited as the Education and Inspections Act 2006.

(2)This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.