http://www.legislation.gov.uk/id/ukpga/2009/22

http://www.legislation.gov.uk/ukpga/2009/22/section/262/2019-01-31

Apprenticeships, Skills, Children and Learning Act 2009

An Act to make provision about apprenticeships, education, training and children's services; to amend the Employment Rights Act 1996; to establish the Young People's Learning Agency for England, the office of Chief Executive of Skills Funding, the Office of Qualifications and Examinations Regulation and the School Support Staff Negotiating Body and to make provision about those bodies and that office; to make provision about the Qualifications and Curriculum Authority; to make provision about schools and institutions within the further education sector; to make provision about student loans; and for connected purposes.

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Statute Law Database

2024-06-12

Expert Participation

2019-01-31

Apprenticeships, Skills, Children and Learning Act 2009

specified provision(s) and purposes

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2010

Gorchymyn Deddf Prentisiaethau, Sgiliau, Plant a Dysgu 2009 (Cychwyn Rhif 2 a Darpariaethau Trosiannol) (Cymru) 2010

art. 2

commencement order for 2009 c. 22

Apprenticeships, Skills, Children and Learning Act 2009

specified provision(s) and purposes

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 3) (Wales) Order 2011

Gorchymyn Deddf Prentisiaethau, Sgiliau, Plant a Dysgu 2009 (Cychwyn Rhif 3) (Cymru) 2011

art. 2

commencement order for 2009 c. 22

Apprenticeships, Skills, Children and Learning Act 2009

specified provision(s)

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Saving Provisions) Order 2010 (Amendment) Order 2011

art. 2

commencement order for 2009 c. 22

Apprenticeships, Skills, Children and Learning Act 2009

specified provision(s)

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No.1) (Wales) Order 2009

Gorchymyn Deddf Prentisiaethau, Sgiliau, Plant a Dysgu 2009 (Cychwyn Rhif 1) (Cymru) 2009

art. 2

commencement order for 2009 c. 22

Apprenticeships, Skills, Children and Learning Act 2009

s. 262(9)

Tertiary Education and Research (Wales) Act 2022

Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022

Sch. 4

para. 24(3)

s. 19

s. 148(2)

Part 13General

262Orders and regulations

1

A power to make an order or regulations under Chapter 1 of Part 1, or Part 3 or 4 F7, or section 253A —

a

so far as exercisable by the Secretary of State, the Welsh Ministers or the Scottish Ministers, is exercisable by statutory instrument;

b

so far as exercisable by the Department for Employment and Learning in Northern Ireland, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

2

Any other power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument.

3

A power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act (except a power conferred by section 17, 22 or 269) includes power—

a

to make different provision for different purposes (including different areas);

b

to make provision generally or in relation to specific cases;

c

to make incidental, consequential, supplementary, transitional, transitory or saving provision.

F33A

An order under section 83A(12) may amend, repeal or revoke any provision of, or in an instrument made under, this or any other Act.

F44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Subject to subsections (6) to (8), a statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Act (other than an order under section 269) is subject to annulment in pursuance of a resolution of either House of Parliament.

6

A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

F9za

the first regulations under section A9;

zb

the first regulations under section A10;

aa

regulations under section 1(5);

F12aza

regulations under section 40AA;

F10aaa

regulations under section 40B;

F11aab

regulations under section ZA5;

F5ab

an order under section 83A(12);

b

an order under section 88 or paragraph 9 of Schedule 5;

F6c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

an order under section 130(5);

e

an order under section 141(1);

F1ea

an order under section 151B(2);

F2f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

an order under section 252(5);

h

an order under section 265 which amends or repeals any provision of an Act.

7

Subsections (5) and (6) do not apply to a statutory instrument which contains only—

a

an order revoking an order under section 141(1), or

b

an order amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

8

A statutory instrument within subsection (7) must be laid before Parliament.

9

Subject to subsection (10), a statutory instrument containing an order or regulations made by the Welsh Ministers under Chapter 1 of Part 1 (other than an order under section 10) or under section 68 F8, 107 or 253A is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

10

A statutory instrument which contains (whether alone or with other provision) regulations under section 2(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

A statutory instrument containing an order made by the Scottish Ministers under section 68 or 107 is subject to annulment in pursuance of a resolution of the Scottish Parliament.

12

A statutory rule containing an order made by the Department for Employment and Learning in Northern Ireland under section 68 or 107 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.

13

If a draft of an instrument containing an order under paragraph 9 of Schedule 5 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.