The National Assembly for Wales (Legislative Competence) (Education) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Government of Wales Act 2006 (“the 2006 Act”). The Order extends the legislative competence of the National Assembly for Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as “Assembly Measures”). It does this by adding new matters to the field of education and training contained within Schedule 5 to the 2006 Act. Subject to general limitations on the legislative competence of the National Assembly for Wales, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act, an Assembly Measure may make provision that relates to the matters contained in the fields set out in Schedule 5 to the 2006 Act.

Article 2 inserts Matters 5.2A to 5.2C into field 5 (education and training) of Part 1 of Schedule 5 to the 2006 Act.

Matter 5.2A comprises the conduct and governance of schools maintained by local authorities in Wales. It includes the allocation of functions, property, rights and liabilities that relate to such schools. While this aspect of the Matter would allow a Measure to transfer to new bodies functions relating to maintained schools, it would not of itself permit a Measure to alter the nature of those functions. For example, a Measure under this Matter could transfer functions of a school governing body relating to staffing, but could not otherwise change the nature of those functions. It could not, for instance, provide for amendment of the provisions of the School Teachers Pay and Conditions document.

Matter 5.2B concerns collaboration between persons and bodies responsible for schools maintained by local authorities in Wales.

Matter 5.2C is about the establishment of bodies by persons with functions relating to schools maintained by local authorities in Wales.

Article 3 contains transitory provision to take account of the fact that the Matters inserted in the 2006 Act by this Order are drafted in anticipation of the replacement of statutory references to “local education authority” with references to “local authority” by an order made under section 162 of the Education and Inspections Act 2006. In the event that such an order is not in force when this Order is made, this Order’s references to “local authorities” are to be read as references to “local education authorities” until such time as such an order is in force.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.