The School Standards and Framework Act 1998 (Repeal) (Wales) Order 2010

Welsh Statutory Instruments

2010 No. 823 (W.86)

EDUCATION, WALES

The School Standards and Framework Act 1998 (Repeal) (Wales) Order 2010

Made

16 March 2010

Coming into force

1 September 2010

The Welsh Ministers in exercise of the powers conferred on the National Assembly for Wales by section 45D of the School Standards and Framework Act 1998(1), and now vested in them(2), make the following Order.

In accordance with paragraph 35(3), Table 1 of Schedule 11 to the Government of Wales Act 2006, a draft of this Order was laid before, and approved by resolution of, the National Assembly for Wales.

Title and commencement

1.  The title of this Order is the School Standards and Framework Act 1998 (Repeal) (Wales) Order 2010 and it comes into force on 1 September 2010.

Repeal

2.  Sections 45AB and 45AC(4) of the School Standards and Framework Act 1998(3) are repealed in relation to financial years beginning on or after 1 April 2011.

Leighton Andrews

Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers

16 March 2010

Explanatory Note

(This note is not part of the Order)

This Order repeals sections 45AB and 45AC(4) of the School Standards and Framework Act 1998 (the 1998 Act). Those sections were inserted by the Education Act 2005 and re-enacted the requirement on local authorities in Wales to determine their schools budget annually. The Welsh Ministers have determined to use their powers under section 45AC of the 1998 Act (as inserted by the Education Act 2005) to require local authorities to set their schools budget in regulations rather than rely on section 45AB of the 1998 Act. Those provisions of the 1998 Act containing the requirement to set schools budgets annually are therefore repealed.

(1)

1998 c. 31. Section 45D was inserted by paragraph 5 of Schedule 16 to the Education Act 2005 (c. 18).

(2)

By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

Sections 45AB and 45AC(4) were inserted by paragraph 4 of Schedule 16 to the Education Act 2005.