Diocesan Boards of Education Measure 2021

16 Consequential amendments E

(1) The Archbishops' Council may, in consequence of provision about education made by or under an Act of Parliament, amend this Measure by order so as to add, vary or omit provision—

(a) conferring a function on the DBE for a diocese;

(b) requiring the governing body or (in the case of an Academy) the proprietor of a church school or the trustees of a church educational endowment or a local authority to obtain the advice or consent of or to consult, or to comply with a direction given by, the DBE for a diocese.

(2) An order under this section—

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, consequential, transitional or saving provision.

(3) An order under this section may not be made unless—

(a) a draft of the order has been laid before the General Synod and approved by it with or without amendment, and

(b) the draft so approved has been referred to the Archbishops' Council.

(4) Before a draft of an order under this section is laid under subsection (3)(a), the Archbishops' Council must consult the Secretary of State; and if the Secretary of State does not respond within the period of 90 days beginning with the day on which the draft is sent to the Secretary of State for that purpose, the Secretary of State is to be regarded as having no comments on the draft.

(5) On referral of the draft under subsection (3)(b), the Archbishops' Council must—

(a) if the draft was approved without amendment, make the order by applying its seal, or

(b) if the draft was approved with amendment—

(i) make the order by applying its seal, or

(ii) withdraw the draft for further consideration.

(6) An order under this section may not come into force unless it has been sealed by the Archbishops' Council.

(7) If the Business Committee of the General Synod determines that a draft of an order under this section does not need to be debated by the Synod, the draft is to be treated as approved without amendment for the purposes of this section unless a member of the Synod gives notice in accordance with its Standing Orders that the member—

(a) wishes the draft order to be debated, or

(b) wishes to move an amendment to it.

(8) The power to make an order under this section is exercisable by statutory instrument; and the Statutory Instruments Act 1946 applies—

(a) as if the order had been made by a Minister of the Crown, and

(b) as if this Measure were an Act of Parliament providing for the instrument containing the order to be subject to annulment in pursuance of a resolution of either House of Parliament.