SCHEDULE 2Amendment of non-education Subordinate Legislation
Local Government (Committees and Political Groups) Regulations 1990
I11
In regulation 4(2) of the Local Government (Committees and Political Groups) Regulations 199023 for the words “which is a local education authority as defined in section 114 of the Education Act 1944, any functions with respect to education” substitute “any education functions (within the meaning of section 579(1) of the Education Act 1996)”.
National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000
I22
1
Regulation 6 of the National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 200024 is amended as follows.
2
For paragraph (b) substitute—
b
the functions under sections 7 or 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986;
3
In paragraph (d) for “local education authorities” substitute “local authorities”.
Homeless Persons (Priority Needs) (Wales) Order 2001
I33
1
The Homeless Persons (Priority Needs) (Wales) Order 200125 is amended as follows.
2
In article 3(2)(d)(i) for “local education authority” substitute “local authority”.
Children (Leaving Care) (Wales) Regulations 2001
I44
1
The Children (Leaving Care) (Wales) Regulations 200126 are amended as follows.
2
In regulation 7(5)(d) for “the local education authority for the area in which the child lives” substitute “the local authority (if different) for the area in which the child lives if that authority has exercised any education functions in relation to the child”.
Code of Conduct (Non-Qualifying Local Government Employees) (Wales) Regulations 2001
I55
1
The Code of Conduct (Non-Qualifying Local Government Employees) (Wales) Regulations 200127 are amended as follows.
2
In regulation 2 in the definition of “teacher” for “Local Education Authority” substitute “local authority”.
Parent Governor Representatives and Church Representatives (Wales) Regulations 2001
I66
1
The Parent Governor Representatives and Church Representatives (Wales) Regulations 200128 are amended as follows.
2
In regulation 2—
a
insert in the appropriate alphabetical order–
“education functions” has the meaning given by section 579(1) of the Education Act 1996;
b
in the definition of “education overview and scrutiny committee” for “local education authority” in each place where those words occur substitute “local authority”;
c
omit the definition of “local education authority”.
3
In regulations 4 to 13 for “local education authority” in each place where those words occur substitute “local authority”.
Children’s Homes (Wales) Regulations 2002
I77
In regulation 2(1) of the Children’s Homes (Wales) Regulations 200229, in paragraph (b) of the definition of “placing authority” for sub-paragraph (ii) substitute—
ii
if the child is accommodated in a qualifying school under arrangements made by a local authority (whether in the exercise of education functions within the meaning of section 579(1) of the Education Act 1996 or otherwise), that local authority,
Special Educational Needs and Disability Tribunal (General Provisions and Claims Procedure) Regulations 2002
I88
1
The Special Educational Needs and Disability Tribunal (General Provisions and Claims Procedure) Regulations 200230 are amended as follows.
2
In regulation 7(1)(a)(v) for “local education authority” in each place where those words occur substitute “local authority”.
3
In regulation 27(2) for “local education authority” substitute “local authority”.
Bus Service Operators Grant (Wales) Regulations 2002
I99
In regulation 3(1)(a)(i) of the Bus Service Operators Grant (Wales) Regulations 200231 for “local education authority” substitute “local authority”.
Travel Concessions (Eligible Services) Order 2002
I1010
In article 3(1)(a)(i) of the Travel Concessions (Eligible Services) Order 200232 for “local education authority” substitute “local authority”.
Race Relations (Statutory Duties) Order 2003
I1111
1
The Race Relations Act 1976 (Statutory Duties) Order 200333 is amended as follows.
2
In article 3(2)(b) for “Local Education Authorities” substitute “local authorities”.
3
At the end of article 3(4) insert “and the reference to “local authorities” is a reference to local authorities within the meaning of section 579(1) of the Education Act 1996”.
School Organisation Proposals by the National Assembly for Wales Regulations 2004
I1212
In the School Organisation Proposals by the National Assembly for Wales Regulations 200434 for “local education authority” in each place those words occur substitute “local authority”.
Adoption Agencies (Wales) Regulations 2005
I1313
1
Regulation 36(4) of the Adoption Agencies (Wales) Regulations 200535 is amended as follows.
2
At the end of sub-paragraph (b) add “and include in the notification to the local authority information about the child’s educational history and whether the child has been or is likely to be assessed for special educational needs under the Education Act 1996”.
3
Omit sub-paragraph (c).
Adoption Support Services (Local Authorities) (Wales) Regulations 2005
I1414
1
The Adoption Support Services (Local Authorities) (Wales) Regulations 200536 are amended as follows.
2
In regulation 2 omit the definition of “local education authority”.
3
In regulation 5(1) omit sub-paragraph (f).
4
For regulation 8(4) substitute—
4
Where paragraph (1) applies and it appears to the local authority that—
a
there may be a need for the provision of services for the person whose needs are being assessed by a local health board, NHS Trust or Primary Care Trust; or
b
there may be a need for the provision to that person of any services which fall within another local authority’s education functions (within the meaning of section 579(1) of the Education Act 1996),
the local authority must, as part of the assessment, consult that local health board, NHS Trust, Primary Care Trust or local authority.
5
In regulation 10—
a
in paragraph (3) for “the functions of a local education authority” substitute “another local authority’s education functions (within the meaning of section 579(1) of the Education Act 1996)” and for “or local education authority” substitute “or local authority”; and
b
in paragraph (5)(c) for “local education authority” substitute “local authority”.
6
In regulation 13(2) for “a local education authority” substitute “another local authority” and for “the local education authority” substitute “the other local authority”.
Special Guardianship (Wales) Regulations 2005
I1515
1
The Special Guardianship (Wales) Regulations 200537 are amended as follows.
2
In regulation 1(3) omit the definition of “local education authority”.
3
In regulation 3(3) omit sub-paragraph (c).
4
In regulation 6(1)(c) for the words “local education authority” substitute “another local authority”.
5
In regulation 11(3) for the words “local education authority” substitute “another local authority”.
Functions of Local Health Boards (Dental Public Health) (Wales) Regulations 2006
I1616
In regulation 2(2)(b) of the Functions of Local Health Boards (Dental Public Health) (Wales) Regulations 200638 for “local education authorities” substitute “local authorities”.
Single Education Plan (Wales) Regulations 2006
I1717
1
Regulation 2(1) of the Single Education Plan (Wales) Regulations 200639 is amended as follows.
2
For the definition of “authority” substitute—
“authority” means a local authority in Wales;
3
For the definition of “school maintained by a local education authority” substitute"—
“school maintained by an authority” (including any reference to a school maintained by a specific authority) has the meaning given to “school maintained by a local authority” by section 142(1) of the 1998 Act;
Local Authorities (Standing Orders) (Wales) Regulations 2006
I1818
1
The Local Authorities (Standing Orders) (Wales) Regulations 200640 are amended as follows.
2
In Schedule 3, in paragraph 3(g) of Part 1 in paragraph 3(f) of Part 2, in paragraph 3(d) of Part 3 and in paragraph 3(f) of Part 4, for “local education authority” substitute “local authority”.
Education (Parenting Orders) (Wales) Regulations 2006
I1919
1
The Education (Parenting Orders) (Wales) Regulations 200641 are amended as follows.
2
In regulations 4(1)(a) and 5 for “local education authority” substitute “local authority”.
Local Safeguarding Children Boards (Wales) Regulations 2006
I2020
1
The Local Safeguarding Children Boards (Wales) Regulations 200642 are amended as follows.
2
In regulation 2(1)—
a
in the definition of “Board” for “children’s services authority” substitute “local authority” and for “children’s services authorities” substitute “local authorities”;
b
omit the definition of “children’s services authority”;
c
insert in the appropriate alphabetical order—
“local authority”, in relation to a Board, means the authority or authorities by whom the Board is established;
3
In regulations 3(1)(g) and 5(1) and (2) for “children’s services authority” substitute “local authority”.
4
In the heading to regulation 7 for “Children’s Services Authorities” substitute “Local Authorities”.
5
In regulation 7(1) and (2) for “children’s services authority” substitute “local authority”.
National Assembly for Wales (Representation of the People) Order 2007
I2121
1
The National Assembly for Wales (Representation of the People) Order 200743 is amended as follows.
2
In paragraph 31(2) of Schedule 5 for “local education authority” substitute “local authority (within the meaning of section 579(1) of the Education Act 1996)”.
3
In paragraphs 1(1), 2(1) and 4 of Schedule 8 for “local education authority” substitute “local authority (within the meaning of section 579(1) of the Education Act 1996)”.
Placement of Children (Wales) Regulations 2007
I2222
1
The Placement of Children (Wales) Regulations 200744 are amended as follows.
2
For regulation 6(1)(c) substitute—
c
the local authority, if it is different from the area authority,—
i
which maintains any school at which the child is, or is proposed to be, a pupil, or
ii
which makes arrangements for the provision of education for the child otherwise than at school pursuant to section 19 of the Education Act 1996, or
iii
if the child is a pupil at a school which is not maintained by a local authority, which is the local authority for the area where the school is situated;
Children and Young People’s Plan (Wales) Regulations 2007
I2323
1
The Children and Young People’s Plan (Wales) Regulations 200745 are amended as follows.
2
In regulation 2—
a
in the definition of “authority” for “children’s services authority” substitute “local authority”; and
b
for the definition of “school maintained by a local education authority” substitute—
“school maintained by an authority” (including any reference to a school maintained by a specific authority) has the meaning given to “school maintained by a local authority” by section 142(1) of the 1998 Act.
Local Authorities (Conduct of Referendums) (Wales) Regulations 2008
I2424
In paragraph 11 of Schedule 3 to the Local Authorities (Conduct of Referendums) (Wales) Regulations46 for “local education authority” substitute “local authority (within the meaning of section 579(1) of the Education Act 1996)”.
School Milk (Wales) Regulations 2008
I2525
In regulation 2(1) of the School Milk (Wales) Regulations 200847 in the definition of “claimant” for “local education authority” substitute “local authority”.
Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009
I2626
In article 2(2)(c) of the Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 200948 for “local education authority” substitute “local authority”.
Learning and Skills (Wales) Measure 2009 (Commencement No 1 and Transitional Provision) Order 2009
I2727
In article 3 of the Learning and Skills (Wales) Measure 2009 (Commencement No 1 and Transitional Provision) Order 200949 for “local education authority” substitute “local authority”.