Education and Skills Act 2008

62 (1) Section 90 (reference of objections to adjudicator or Secretary of State) is amended as follows. E+W

(2) In the title, for “adjudicator or Secretary of State” substitute “ Welsh Ministers ”.

(3) In subsections (1) and (2), for “the adjudicator” substitute “ the Welsh Ministers ”.

(4) After subsection (2) insert—

“(2A) Where any objection is referred to the Welsh Ministers, they shall decide whether, and (if so) to what extent, the objection should be upheld.”

(5) Omit subsections (3) to (5).

(6) In subsection (5A)—

(a) for “the adjudicator or the Secretary of State is” substitute “ the Welsh Ministers are ”;

(b) for “subsection (3)(a) or (b) or (5)(c)” substitute “ (2A) ”;

(c) for “he” (in both places) substitute “ they ”.

(7) In subsection (5B)—

(a) for “him” substitute “ them ”;

(b) for “the adjudicator or the Secretary of State (as the case may be)” substitute “ the Welsh Ministers ”;

(c) in paragraphs (a), (b) and (d), for “his” substitute “ their ”;

(d) in paragraph (b) for “he has” substitute “ they have ”;

(e) omit paragraph (c);

(f) in paragraph (d), for “to (c)” substitute “ and (b) ”.

(8) In subsection (5C)—

(a) for “the adjudicator or the Secretary of State (as the case may be) decides” substitute “ the Welsh Ministers decide ”;

(b) for “his” substitute “ their ”.

(9) In subsection (8)—

(a) for “the adjudicator or the Secretary of State” (in both places) substitute “ the Welsh Ministers ”;

(b) for “has” substitute “ have ”.

(10) In subsection (9)—

(a) in paragraph (a)—

(i) for “the adjudicator or the Secretary of State” (in sub-paragraphs (i) and (ii)) substitute “ the Welsh Ministers ”;

(ii) in sub-paragraph (ii), for “is” substitute “ are ” and for “him” substitute “ them ”;

(b) in paragraph (b), for “the adjudicator or the Secretary of State” substitute “ the Welsh Ministers ”;

(c) omit paragraph (ba);

(d) in paragraphs (e) and (f), for “the adjudicator or the Secretary of State” substitute “ the Welsh Ministers ”.

(11) In subsection (11), omit paragraph (b).

Commencement Information

I1 Sch. 1 para. 62 in force at 2.12.2008 by S.I. 2008/3077, art. 2(d)