Education Act 1996

568 Orders

(1) Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.

(2) For the purposes of subsection (1) “the excepted provisions” are—

• sections 24 and 27;

• sections 46 to 48, 50, 51, 54, 55, 57, 58, 63, 64, 77(7), 85, 95(1), 104(1), 110(4), 112(4), 128(6) and 179;

• sections 202, 220, 233, 274 and 302 and the definition of “Church in Wales school” in section 311(1);

• section 349;

• sections 420(2) and 427;

• sections 468, 471(1) and 474;

• section 489(3),

• sections 497, 500, 501 and 516;

• section 545; and

paragraph 5 of Schedule 21 and paragraph 3 of Schedule 28.

(3) A statutory instrument containing any order made by the Secretary of State under this Act, other than an order under—

• section 354(6), 355(2)(a), 356(2)(c) or 401,

• section 517(6),

• section 554,

• section 583(3) or (4), or

• Schedule 40,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) Any order made—

(a) by the Secretary of State under this Act by statutory instrument, or

(b) by the funding authority under section 220, 233 or 302 or paragraph 5 of Schedule 21,

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.

(6) Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.