The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005

Learning and Skills Act 2000 (c. 21)

82.—(1) Schedule 7 is amended as follows.

(2) In paragraph 20—

(a) in sub-paragraph (1) for “National Council for Education and Training for Wales” substitute “National Assembly for Wales”;

(b) in sub-paragraph (3)—

(i) for “Council” substitute “National Assembly for Wales”;

(ii) omit “, having regard to any guidance issued by the National Assembly for Wales,”.

(3) In paragraph 21—

(a) omit sub-paragraph (1);

(b) for sub-paragraph (2) substitute—

“(2) In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.”

(4) In paragraph 28—

(a) in sub-paragraph (1) for “National Council for Education and Training for Wales” substitute “National Assembly for Wales”;

(b) in sub-paragraph (3)—

(i) for “Council” substitute “National Assembly for Wales”;

(ii) omit “,having regard to any guidance issued by the National Assembly for Wales,”.

(5) In paragraph 29—

(a) omit sub-paragraph (1);

(b) for sub-paragraph (2) substitute—

“(2) In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.”

(6) In paragraph 39(2) omit the definition of “the Council”.

(7) In Paragraph 40—

(a) for “any of the following” substitute “the National Assembly”;

(b) omit sub-paragraphs (a) and (b).

(8) In paragraph 42—

(a) for sub-paragraphs (1) and (2) substitute—

“(1) After the expiry of the period mentioned in paragraph 41, the National Assembly shall determine whether to—

(a) withdraw the proposals;

(b) confirm them without modification; or

(c) confirm them subject to modifications.

(2) In making a determination under sub-paragraph (1), the National Assembly shall have regard to any objections made in accordance with paragraph 41 and not withdrawn.”;

(b) in sub-paragraph (3) for “approving” substitute “confirming”;

(c) in sub-paragraph (4)—

(i) for “An approval” substitute “A confirmation”;

(ii) for “the proposals shall fall to be considered afresh” substitute “the National Assembly shall reconsider its determination”;

(d) for sub-paragraph (5) substitute—

“(5) The National Assembly may withdraw its proposals at any time before a determination is made under this paragraph.”

(9) In paragraph 43—

(a) in sub-paragraph (1) for “approved” substitute “confirmed”;

(b) in sub-paragraphs (2)(b) and (c) for “approved” substitute “confirmed”;

(c) omit sub-paragraph (3);

(d) in sub-paragraph (4) for “the Council” substitute “the National Assembly for Wales”.