Education Act 2002

210 Orders and regulations E+W

(1) Subject to subsection (2), any power of the Secretary of State or [F1 the Welsh Ministers] to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Subsection (1) does not apply to any order under—

(a) section 165 or 192, or

(b) paragraph 3(6) or 5 of Schedule 1.

(3) No order shall be made by the Secretary of State under—

(a) section 80(3),

(b) section 82(4)(b),

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 84(6),

(e) section 86, or

(f) section 125(4),

unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(4) Subject to subsections (5) and (6), a statutory instrument which contains any order or regulations made under this Act by the Secretary of State and is not subject to the requirement in subsection (3) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Subsection (4) does not apply to an order under—

(a) section 7(2),

(b) section [F3 87(3)(c)] ,

(c) section 128(2), or

(d) section 216.

(6) If an order under section 122 contains only provisions which in the opinion of the Secretary of State give effect without significant modification to recommendations of the School Teachers’ Review Body—

(a) the order shall contain a statement to that effect, and

(b) subsection (4) shall not apply.

[F4 (6A) Any statutory instrument containing regulations [F5 or an order] made under section 32(9) F6 ... [F7 or Part 7] by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales [F8 unless the instrument contains an order mentioned in subsection (6AB)] .

[F9 (6AB) No order shall be made by the Welsh Ministers under section 101(3), 103(4)(b), 105(6), 107, 116F(5), 116H(5) or 116L unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.]

(6B) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.]

(7) Any power of the Secretary of State or [F10 the Welsh Ministers] to make an order or regulations under this Act includes power—

(a) to make different provisions for different cases or areas,

(b) to make provision generally or only in relation to specific cases, and

(c) to make such incidental, supplemental, saving or transitional provisions as the Secretary of State or [F11 the Welsh Ministers think] fit.

(8) Nothing in this Act shall be regarded as affecting the generality of subsection (7).

Textual Amendments

F1 Words in s. 210(1) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 21(3)(a), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

F2 S. 210(3)(c) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 16(a), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words in s. 210(5)(b) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 16(b); S.I. 2008/2261, art. 2 (with Sch. 1)

F4 S. 210(6A)(6B) inserted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 21(3)(b), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

F5 Words in s. 210(6A) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 20(2)(a), 49(2); S.I. 2009/3174, art. 2(1)(j)

F6 Words in s. 210(6A) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 21; S.I. 2012/924, art. 2

F7 Words in s. 210(6A) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 20(2)(b), 49(2); S.I. 2009/3174, art. 2(1)(j)

F8 Words in s. 210(6A) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 20(2)(c), 49(2); S.I. 2009/3174, art. 2(1)(j)

F9 S. 210(6AB) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 20(3), 49(2); S.I. 2009/3174, art. 2(1)(j)

F10 Words in s. 210(7) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 21(3)(c)(i), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

F11 Words in s. 210(7)(c) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 21(3)(c)(ii), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1