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Apprenticeships, Skills, Children and Learning Act 2009

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Changes to legislation:

Apprenticeships, Skills, Children and Learning Act 2009, Schedule 6 is up to date with all changes known to be in force on or before 20 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Section 123

Schedule 6E+WDissolution of the Learning and Skills Council for England: minor and consequential amendments

This schedule has no associated Explanatory Notes

Race Relations Act 1976 (c. 74)E+W

F11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Sch. 6 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Further and Higher Education Act 1992 (c. 13)E+W

2E+WThe Further and Higher Education Act 1992 is amended as follows.

Commencement Information

I2Sch. 6 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3(1)Section 19 (supplementary powers of a further education corporation) is amended as follows.E+W

(2)In subsection (4AC)(a), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

(3)In subsection (4B), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

(4)In subsection (4C), for “council” substitute “ Chief Executive ”.

Commencement Information

I3Sch. 6 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

4E+WIn section 29(7A) (government and conduct of designated institutions)—

(a)for paragraph (a) (but not the “or” following it) substitute—

(a)the Chief Executive of Skills Funding under section 56AA,;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Commencement Information

I4Sch. 6 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

5E+WIn section 31(2A) (designated institutions conducted by companies)—

(a)for paragraph (a) (but not the “or” following it) substitute—

(a)the Chief Executive of Skills Funding under section 56AA,;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Commencement Information

I5Sch. 6 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

6E+WIn section 54(1) (duty to give information)—

(a)for “the Learning and Skills Council for England” substitute “ the Chief Executive of Skills Funding ”;

(b)for “the council”, in both places where it occurs, substitute “ the Chief Executive ”.

Commencement Information

I6Sch. 6 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

7(1)Section 56A (intervention: England) is amended as follows.E+W

(2)In subsection (1), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding (referred to in this section and sections 56AA to 56D as “the Chief Executive”) ”.

(3)In subsections (3) and (4), for “council”, wherever occurring, substitute “ Chief Executive ”.

(4)In subsection (5)—

(a)for the words from “If the” to “same time” substitute “ At the same time as doing one or more of those things the Chief Executive must ”;

(b)in paragraphs (a) to (c) for “council”, wherever appearing, substitute “ Chief Executive ”.

(5)In subsection (6)—

(a)for “council” substitute “ Chief Executive ”;

(b)in paragraph (c), for “as it thinks” substitute “ as the Chief Executive thinks ”.

(6)In subsection (9), for “council” substitute “ Chief Executive ”.

(7)In subsection (10), for “council, where it considers” substitute “ Chief Executive, where the Chief Executive considers ”.

Commencement Information

I7Sch. 6 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

8E+WAfter section 56A insert—

56AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutions

(1)The Chief Executive may appoint a person to be a member of the governing body of an institution which—

(a)is conducted by a further education corporation, and

(b)mainly serves the population of England.

(2)But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.

(3)A member of the governing body of an institution who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the Chief Executive under this section.

(4)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

Commencement Information

I8Sch. 6 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

9(1)Section 56B (intervention policy: England) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Learning and Skills Council for England” substitute “ Chief Executive ”;

(b)in paragraph (a), for “its policy with respect to the exercise of its powers” substitute “ policy with respect to the exercise of the Chief Executive's powers ”;

(c)for paragraph (c) substitute—

(c)if the Chief Executive considers it appropriate in consequence of a review, prepare a revised statement of policy.

(3)In subsection (2)—

(a)for “council” substitute “ Chief Executive ”;

(b)in paragraph (a), for “it thinks” substitute “ the Chief Executive thinks ”;

(c)in paragraph (b), for “made to it” substitute “ made to the Chief Executive ”.

(4)In subsection (3)—

(a)for “council” substitute “ Chief Executive ”;

(b)omit “its”.

(5)In subsection (4), for “council” substitute “ Chief Executive ”.

(6)In subsection (5)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “prepared by it” substitute “ prepared under subsection (1) ”.

(7)In subsection (7)—

(a)for “council” substitute “ Chief Executive ”;

(b)for paragraphs (a) and (b) substitute “ any statement or revised statement received under subsection (6). ”

(8)In subsection (8)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “its powers” substitute “ the Chief Executive's powers ”.

Commencement Information

I9Sch. 6 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

10(1)Section 56C (directions) is amended as follows.E+W

(2)In subsection (1)(b), for “Learning and Skills Council for England” substitute “ Chief Executive ”.

(3)In subsection (2)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “council's” substitute “Chief Executive's”.

(4)In subsection (3), for “council”, in both places where it occurs, substitute “ Chief Executive ”.

(5)In subsection (4)—

(a)for “council” substitute “ Chief Executive ”;

(b)omit “to it”.

(6)In subsection (5), for “council”, in both places where it occurs, substitute “ Chief Executive ”.

Commencement Information

I10Sch. 6 para. 10 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

11E+WAfter section 56C insert—

56DNotification by [F2local authority] or YPLA of possible grounds for intervention

(1)This section applies if a relevant body is of the view that any of the matters listed in section 56A(2) applies in relation to an institution in England within the further education sector, other than a sixth form college.

(2)The relevant body must notify the Chief Executive of that view.

(3)The Chief Executive must have regard to the relevant body's view in deciding whether to exercise the powers under section 56A.

(4)Relevant body” means a [F2local authority] or the YPLA.

Textual Amendments

Commencement Information

I11Sch. 6 para. 11 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

12E+WIn Schedule 4 (instruments and articles of government for further education corporations) in paragraph 1A—

(a)for paragraph (a) (but not the “or” following it) substitute—

(a)the Chief Executive of Skills Funding under section 56AA,;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Commencement Information

I12Sch. 6 para. 12 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education Act 1996 (c. 56)E+W

13E+WIn section 13(2)(a) (general responsibility for education) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

Commencement Information

I13Sch. 6 para. 13 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Learning and Skills Act 2000 (c. 21)E+W

14E+WThe Learning and Skills Act 2000 is amended as follows.

Commencement Information

I14Sch. 6 para. 14 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

15E+WOmit section 1 (the Learning and Skills Council for England).

Commencement Information

I15Sch. 6 para. 15 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

16E+WOmit section 2 (duties of Learning and Skills Council: education and training for persons aged 16 to 19).

Commencement Information

I16Sch. 6 para. 16 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

17E+WOmit section 3 (duties of Learning and Skills Council: education and training for persons over 19).

Commencement Information

I17Sch. 6 para. 17 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

18E+WOmit section 4 (encouragement of education and training).

Commencement Information

I18Sch. 6 para. 18 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

19E+WOmit sections 4A to 4C (learning aims for persons aged 19 and over).

Commencement Information

I19Sch. 6 para. 19 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

20E+WOmit section 5 (provision of financial resources).

Commencement Information

I20Sch. 6 para. 20 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

21E+WOmit section 6 (financial resources: conditions).

Commencement Information

I21Sch. 6 para. 21 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

22E+WOmit section 7 (funding of school sixth forms).

Commencement Information

I22Sch. 6 para. 22 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

23E+WOmit section 8 (links between education and training and employment).

Commencement Information

I23Sch. 6 para. 23 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

24E+WOmit section 9 (assessments and means tests).

Commencement Information

I24Sch. 6 para. 24 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

25E+WOmit section 10 (qualifying accounts and arrangements).

Commencement Information

I25Sch. 6 para. 25 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

26E+WOmit section 11 (further education: governors).

Commencement Information

I26Sch. 6 para. 26 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

27E+WOmit section 11A (support schemes relating to education and training for persons aged 10 to 15).

Commencement Information

I27Sch. 6 para. 27 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

28E+WOmit section 12 (research and information).

Commencement Information

I28Sch. 6 para. 28 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

29E+WOmit section 13 (persons with learning difficulties).

Commencement Information

I29Sch. 6 para. 29 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

30E+WOmit section 14 (equality of opportunity).

Commencement Information

I30Sch. 6 para. 30 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

31E+WOmit section 14A (consultation).

Commencement Information

I31Sch. 6 para. 31 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

32E+WOmit section 15 (plans).

Commencement Information

I32Sch. 6 para. 32 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

33E+WOmit section 16 (strategy).

Commencement Information

I33Sch. 6 para. 33 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

34E+WOmit section 17 (use of information by Learning and Skills Council).

Commencement Information

I34Sch. 6 para. 34 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

35E+WOmit section 18 (supplementary functions).

Commencement Information

I35Sch. 6 para. 35 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

36E+WOmit sections 18A to 18C (regional councils).

Commencement Information

I36Sch. 6 para. 36 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

37E+WOmit sections 24A to 24C (strategies for functions of the Learning and Skills Council).

Commencement Information

I37Sch. 6 para. 37 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

38E+WOmit section 25 (directions).

Commencement Information

I38Sch. 6 para. 38 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

39E+WOmit section 26 (committees).

Commencement Information

I39Sch. 6 para. 39 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

40E+WOmit section 27 (grants to Learning and Skills Council).

Commencement Information

I40Sch. 6 para. 40 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

41E+WOmit section 28 (annual report).

Commencement Information

I41Sch. 6 para. 41 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

42E+WOmit section 29 (Council's financial year).

Commencement Information

I42Sch. 6 para. 42 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

43E+WOmit section 97 (external qualifications: persons over 19).

Commencement Information

I43Sch. 6 para. 43 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

44(1)Section 98 (approved qualifications: England) is amended as follows.E+W

(2)In subsection (1), for “sections 96 and 97 in their application” substitute “ section 96 in its application ”.

(3)Omit subsection (2A).

Commencement Information

I44Sch. 6 para. 44 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

45(1)Section 99 (approved qualifications: Wales) is amended as follows.E+W

(2)In subsection (1), for “sections 96 and 97 in their application” substitute “ section 96 in its application ”.

(3)Omit subsection (2A).

Commencement Information

I45Sch. 6 para. 45 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

46E+WIn section 100 (authorised bodies) for “sections 96 and 97 in their application”, in both places where the words occur, substitute “ section 96 in its application ”.

Commencement Information

I46Sch. 6 para. 46 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

47E+WIn section 101 (enforcement: England) in subsection (1)—

(a)for “sections 96 and 97 in their application” substitute “ section 96 in its application ”;

(b)after paragraph (a) insert “ or ”;

(c)omit paragraph (c) (and the word “or” before it).

Commencement Information

I47Sch. 6 para. 47 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

48E+WIn section 102 (enforcement: Wales) in subsection (1)—

(a)for “sections 96 and 97 in their application” substitute “ section 96 in its application ”;

(b)after paragraph (a) insert “ or ”;

(c)omit paragraph (c) (and the word “or” before it).

Commencement Information

I48Sch. 6 para. 48 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

49(1)Section 113A (restructuring of sixth form education) is amended as follows.E+W

(2)Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).

(3)In subsection (11)—

(a)in the definition of “regulations” omit paragraph (a) (and the “and” after it);

(b)in the definition of “relevant authority” omit paragraph (a) (and the “and” after it).

Commencement Information

I49Sch. 6 para. 49 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

50E+WOmit Schedule 1 (the Learning and Skills Council for England).

Commencement Information

I50Sch. 6 para. 50 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

51E+WOmit Schedule 1A (learning aims for persons aged 19 and over).

Commencement Information

I51Sch. 6 para. 51 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

52E+WOmit Schedule 3 (committees (England)).

Commencement Information

I52Sch. 6 para. 52 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

53(1)Schedule 7A (implementation of proposals for restructuring sixth form education) is amended as follows.E+W

(2)In paragraph 1, omit “approved or” and “approval or”, wherever occurring.

(3)In paragraph 3(4), omit paragraph (a).

(4)Omit paragraphs 5(1), 6(1) and 7(1) and (2).

Commencement Information

I53Sch. 6 para. 53 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education Act 2002 (c. 32)E+W

54E+WThe Education Act 2002 is amended as follows.

Commencement Information

I54Sch. 6 para. 54 in force at 1.4.2010 for E. by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I55Sch. 6 para. 54 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(e)

55E+WAfter section 208 insert—

208ARecoupment: adjustment between [F3local authorities] and the YPLA

(1)This section applies in relation to the following cases—

(a)the YPLA secures the provision of education under section 66 of the Apprenticeships, Skills, Children and Learning Act 2009 in respect of a person who belongs to the area of a [F2local authority] in England or Wales (“the home authority”);

(b)a [F2local authority] in England or Wales (“the providing authority”) secures the provision of education within section 66(1) or (3) of that Act in respect of a person who belongs to the area of a [F2local authority] in England.

(2)Regulations made by the appropriate national authority may make provision—

(a)in relation to cases within subsection (1)(a), requiring or authorising the payment of an amount by the home authority to the YPLA;

(b)in relation to cases within subsection (1)(b), requiring or authorising the payment of an amount by the YPLA to the providing authority.

(3)The amounts that may be required or authorised to be paid are such sums in respect of amounts described in the regulations as may be—

(a)agreed between the YPLA and the [F2local authority] in question, or

(b)failing agreement, determined in accordance with the regulations.

(4)The regulations may provide for the amounts payable—

(a)to reflect the whole or any part of the average costs incurred by [F3local authorities] in the provision of education (whether in England and Wales as a whole or in any particular area or areas), and

(b)to be based on figures for average costs determined by such body or bodies representing [F3local authorities], or on such other figures relating to costs so incurred, as the appropriate national authority thinks appropriate.

(5)Regulations made under this section by the Welsh Ministers may provide that, in cases specified in or determined in accordance with the regulations, the amounts payable are to be determined by the Welsh Ministers with the consent of the Secretary of State.

(6)In a case where the providing authority is a [F2local authority] in Wales, a dispute between the providing authority and the YPLA as to whether the providing authority is entitled to be paid an amount by the YPLA under the regulations is to be determined by the Welsh Ministers with the consent of the Secretary of State.

(7)In this section—

  • the appropriate national authority” means—

    (a)

    in relation to a case where the providing authority is a [F2local authority] in Wales, the Welsh Ministers;

    (b)

    in relation to any other case, the Secretary of State;

  • the YPLA” means the Young People's Learning Agency for England.

Textual Amendments

Commencement Information

I56Sch. 6 para. 55 in force at 1.4.2010 for E. by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I57Sch. 6 para. 55 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(e)

56E+WIn section 210(6A) (orders and regulations: provisions subject to annulment by National Assembly for Wales) after “section 32(9)” insert “ or section 208A ”.

Commencement Information

I58Sch. 6 para. 56 in force at 1.4.2010 for E. by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I59Sch. 6 para. 56 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(e)

Education Act 2005 (c. 18)E+W

57E+WIn section 108 of the Education Act 2005 (supply of information: education maintenance allowances), in subsection (3)—

(a)in paragraph (b) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”;

(b)after paragraph (b) insert—

(ba)the Young People's Learning Agency for England;;

(c)in paragraph (f) for the words from “the Secretary of State” to the end substitute “ a person within paragraphs (a) to (e) ”.

Commencement Information

I60Sch. 6 para. 57 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education and Inspections Act 2006 (c. 40)E+W

58E+WThe Education and Inspections Act 2006 is amended as follows.

Commencement Information

I61Sch. 6 para. 58 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

59E+WSection 75 (education and training to satisfy entitlements) ceases to have effect.

Commencement Information

I62Sch. 6 para. 59 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Further Education and Training Act 2007 (c. 25)E+W

60E+WThe Further Education and Training Act 2007 is amended as follows.

Commencement Information

I63Sch. 6 para. 60 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

61E+WSections 11 to 13 (provision by Learning and Skills Council for England of services and assistance in respect of employment and training) cease to have effect.

Commencement Information

I64Sch. 6 para. 61 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

62E+WSections 14 to 16 (transfer of functions of Secretary of State in relation to further education corporations to the Learning and Skills Council for England) cease to have effect.

Commencement Information

I65Sch. 6 para. 62 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

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Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources