Education Act 1996, Section 569 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Any power of the Secretary of State [F1or the Welsh Ministers] to make regulations under this Act shall be exercised by statutory instrument.
(2)A statutory instrument containing regulations under this Act [F2made by the Secretary of State], [F3other than one falling within subsection (2A),] F4... , shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F5(2A)A statutory instrument which contains (whether alone or with other provision) regulations under section [F6550ZA(3)(f) or 550ZC(7)] may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]
[F7(2B)A statutory instrument containing regulations under sections [F829(6A),] 332ZC, 332AA, 332BA, 332BB [F9, 336, [F10397,] 444A ] [F11, 444B or (unless subsection (2BA) applies) Chapter 5A] [F12, or under paragraph 6B or 6C of Schedule 1,] made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
[F13(2BA)A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.
(2BB)A statutory instrument which contains (whether alone or with other provision) regulations under section 579(3C) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.]
(2C)Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.]
F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit [F15or the Welsh Ministers think fit].
(5)Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.
(6)Subsection (5) does not apply to regulations under section 579(4).
Extent Information
E1S. 569 extends to Scotland so far as relating to regulations under s. 493 see s. 583(7).
Textual Amendments
F1Words in s. 569(1) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)
F2Words in s. 569(2) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(3), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)
F3Words in s. 569(2) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(2)(a), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F4Words in s. 569(2) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 18 Pt. 2
F5S. 569(2A) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(2)(b), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))
F6Words in s. 569(2A) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(6), 82(3); S.I. 2012/924, art. 2
F7S. 569(2B)(2C) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(4), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)
F8Word in s. 569(2B) inserted (E.W.) (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(4), 25(3); S.I. 2015/1680, art. 2(d)
F9Words in s. 569(2B) substituted (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(2)
F10Word in s. 569(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 22(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
F11Words in s. 569(2B) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(30)(a)(ii); S.I. 2021/373, art. 8(j)(x)
F12Words in s. 569(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 22(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
F13S. 569(2BA)(2BB) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(30)(b); S.I. 2021/373, art. 8(j)(x)
F14S. 569(3) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 18 Pt. 2
F15Words in s. 569(4) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(5), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)
Modifications etc. (not altering text)
C1S. 569 applied by 2010 c. 32, s. 2E(7) (as inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 6(1), 70(2); S.I. 2018/497, reg. 4(a))
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