Education (Wales) Measure 2009

15 Role of the Welsh Ministers

(1) Section 28M (roles of the Secretary of State and the Welsh Ministers) of the Disability Discrimination Act 1995 (c. 50) is amended in accordance with this section.

(2) After subsection (1) insert—

“(1A) If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local education authority—

(a) has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under sections 28IC, 28ID or 28IE, or

(b) has failed to discharge a duty imposed by or under any of those sections,

they may give that body such directions as to the discharge of the duty as appear to them to be expedient.”.

(3) In subsection (4), after “(1)” insert “, (1A)”.

(4) In subsection (5), omit the words “or the Welsh Tribunal”.

(5) After subsection (6) insert—

“(6A) Subsection (6B) applies if the Welsh Tribunal has made an order under section 28I(3) or section 28IA(4).

(6B) If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that the responsible body concerned—

(a) has acted, or is proposing to act, unreasonably in complying with the order, or

(b) has failed to comply with the order,

they may give that body such directions as to compliance with the order as appear to them to be expedient.”.

(6) In subsection (7), after “(1),” insert “(1A),”, delete the word “or” the first time that word appears, and after “(6)” insert “or (6B)”.