The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This order follows on from the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158).

That order repealed the definitions of “local education authority” in section 12 of the Education Act 1996 and “children’s services authority in England” and “children’s services authority in Wales” in section 65 of the Children Act 2004, replaced references to those authorities with a single reference to a local authority in England and in Wales and made various consequential and connected amendments.

This order makes similar provision for local and subordinate legislation.

Article 2, with Schedule 1, substitutes local education authority for local authority in one item of local legislation and repeals various provisions in local legislation which contain references to a local education authority, where the provision is spent or is no longer of any practical utility.

Article 3 with Schedule 2 amends education subordinate legislation. Schedule 2 contains specific amendments to education subordinate legislation, amendments which substitute local authority for local education authority or children’s services authority and make other consequential or connected amendments. The amendments in Schedule 2 cover provisions where the general amendment in article 3(3) would not produce a satisfactory result. Article 3(3) then applies to any provision not listed in Schedule 2 and contains a general substitution of local authority for local education authority. The majority of references to local education authority are dealt with by article 3(3). This article applies in relation to England only; the Welsh Ministers are making a separate order covering education legislation which applies in relation to Wales.

Article 4, with Schedule 3, makes similar amendments to non education subordinate legislation but all the relevant provisions are individually listed in Schedule 3. Article 4 is not limited to England, but non education subordinate legislation which applies only in relation to Wales is not amended in Schedule 3. Again such legislation is to be covered in a separate order made by the Welsh Ministers.