Education Act 2011 (c. 21)

Part 5 E+W Educational institutions: other provisions

Standards E+W

45 Complaints: repeal of power to complain to Local Commissioner E+W

(1) Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are repealed.

(2) In consequence of subsection (1)—

(a) in section 409 of EA 1996 (complaints and enforcement: maintained schools)—

(i) in subsection (1), after “authority” insert “ in Wales ” and after “schools” insert “ in Wales ”;

(ii) in subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”;

(iii) in the heading, after “schools” insert “ in Wales ”;

(b) in section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions), omit subsections (3) and (4);

(c) in section 497 of EA 1996 (Secretary of State's general default powers), omit subsections (4) and (5);

(d) in paragraph 6 of Schedule 1 (pupil referral units: complaints)—

(i) in sub-paragraph (3), after “local authority” insert “ in Wales ” and after “unit” insert “ in Wales ”;

(ii) in sub-paragraph (4), for “Secretary of State” substitute “ Welsh Ministers ”, after “any local authority” and “a local authority” insert insert “ in Wales ”, and after “pupil referral unit” insert “ in Wales ”;

(e) in paragraph 1 of Schedule 4 to the Local Government Act 1974 (disqualifications from acting as Local Commissioner or investigating complaint), omit sub-paragraphs (2C) and (2D);

(f) in section 262(6) of ASCLA 2009 (statutory instruments subject to affirmative procedure), omit paragraph (f);

(g) in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7 (complaints);

(h) section 22 of CSFA 2010 (amendments of sections 207 and 216 of ASCLA 2009) is repealed.

Commencement Information

I1 S. 45 in force at 1.8.2012 by S.I. 2012/1087, art. 2 (with art. 6)