SCHEDULE 2Amendment of non-education Subordinate Legislation

Article 3

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)”.

Annotations:
Commencement Information
I1

Sch. 2 para. 1 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I2

Sch. 2 para. 2 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I3

Sch. 2 para. 3 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I4

Sch. 2 para. 4 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I5

Sch. 2 para. 5 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I6

Sch. 2 para. 6 in force at 5.5.2010 in accordance with art. 1(1)

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,

Annotations:
Commencement Information
I7

Sch. 2 para. 7 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I8

Sch. 2 para. 8 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I9

Sch. 2 para. 9 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I10

Sch. 2 para. 10 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I11

Sch. 2 para. 11 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I12

Sch. 2 para. 12 in force at 5.5.2010 in accordance with art. 1(1)

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).

Annotations:
Commencement Information
I13

Sch. 2 para. 13 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I14

Sch. 2 para. 14 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I15

Sch. 2 para. 15 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I16

Sch. 2 para. 16 in force at 5.5.2010 in accordance with art. 1(1)

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;

Annotations:
Commencement Information
I17

Sch. 2 para. 17 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I18

Sch. 2 para. 18 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I19

Sch. 2 para. 19 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I20

Sch. 2 para. 20 in force at 5.5.2010 in accordance with art. 1(1)

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)”.

Annotations:
Commencement Information
I21

Sch. 2 para. 21 in force at 5.5.2010 in accordance with art. 1(1)

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;

Annotations:
Commencement Information
I22

Sch. 2 para. 22 in force at 5.5.2010 in accordance with art. 1(1)

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.

Annotations:
Commencement Information
I23

Sch. 2 para. 23 in force at 5.5.2010 in accordance with art. 1(1)

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)”.

Annotations:
Commencement Information
I24

Sch. 2 para. 24 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I25

Sch. 2 para. 25 in force at 5.5.2010 in accordance with art. 1(1)

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”.

Annotations:
Commencement Information
I26

Sch. 2 para. 26 in force at 5.5.2010 in accordance with art. 1(1)

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”.