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Education Act 1997
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- 1997 c. 44
- Part VII
- Section 46
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Changes over time for: Section 46
Changes to legislation:
Education Act 1997, Section 46 is up to date with all changes known to be in force on or before 14 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 46:
- s. 38(2B) inserted by 2022 asc 1 Sch. 4 para. 9(3)(b)
- s. 39(1)(b)(c) substituted for s. 39(1)(b) by 2022 asc 1 Sch. 4 para. 9(4)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 38(2B) inserted by 2022 asc 1 Sch. 4 para. 9(3)(b)
- s. 39(1)(b)(c) substituted for s. 39(1)(b) by 2022 asc 1 Sch. 4 para. 9(4)(b)
46 Extension or modification of provisions of [F1ss. 43 to 45] [F1sections 42A to 45] .E+W
(1)The Secretary of State may by regulations extend the scope of operation of section F2[F3... [F4[F542B,] 43 or 44] [F442A or 42B, in relation to England] by substituting for the period specified in section F6[F7... [F842B(9)] 43(5) or 44(10)(a)(i)] [F742A(6) or 42B(9)]] such other period as is specified.
[F9(1A)The Welsh Ministers may by regulations make provision extending the range of pupils, children and young persons to whom section 43 or 44 applies.
(1B)The regulations may among other things make provision by reference to a description of school specified in the regulations.]
(2)The Secretary of State may by regulations make provision for extending the scope of operation of section [F1043, 44 or] 45 to primary schools or to any specified description of such schools.
[F11(2A)The Secretary of State may by regulations make provision for requiring—
(a)the governing bodies of institutions in England within the further education sector, and
(b)the principals or other heads of such institutions,
to secure that careers guidance is provided for any specified description of persons attending such institutions.]
(3)The Secretary of State may by regulations make provision for requiring—
(a)the governing bodies of institutions [F12in Wales] within the further education sector, and
(b)the principals or other heads of such institutions,
to secure that a programme of careers education is provided for any specified description of persons attending such institutions.
(4)The Secretary of State may by regulations amend the definition of “careers adviser” set out in section 44(11)(a).
(5)In this section—
“careers education” has the same meaning as in section 43;
[F13“careers guidance” has the same meaning as in section 42A;]
“specified” means specified in the regulations in question.
Textual Amendments
F1Words in s. 46 heading substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(a)
F2Word in s. 46(1) omitted (1.9.2022) by virtue of Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 2(2)(a), 3(2); S.I. 2022/724, reg. 2
F3Words in s. 46(1) substituted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(a), 82(3); S.I. 2012/84, art. 3
F4Words in s. 46(1) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(b)(i)
F5Word in s. 46(1) inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), ss. 2(5)(a), 47(2); S.I. 2017/1055, reg. 3(c)
F6Word in s. 46(1) omitted (1.9.2022) by virtue of Education (Careers Guidance in Schools) Act 2022 (c. 13), ss. 2(2)(b), 3(2); S.I. 2022/724, reg. 2
F7Words in s. 46(1) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(b)(ii)
F8Word in s. 46(1) inserted (2.1.2018) by Technical and Further Education Act 2017 (c. 19), ss. 2(5)(b), 47(2); S.I. 2017/1055, reg. 3(c)
F9S. 46(1A)(1B) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(c)
F10Words in s. 46(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 3(11)(d)
F11S. 46(2A) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(b), 82(3); S.I. 2012/84, art. 3
F12Words in s. 46(3)(a) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(c), 82(3); S.I. 2012/84, art. 3
F13Words in s. 46(5) inserted (1.2.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 29(8)(d), 82(3); S.I. 2012/84, art. 3
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