Contents
Article 1Title, commencement and interpretation#
(1)The title of this Order is the Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010 and it comes into force on the thirty-fifth day after the day on which it is made.
(2)In this Order “education subordinate legislation” means subordinate legislation made wholly under powers in any of the Education Acts (within the meaning of the Education Act 1996) and “non-education subordinate legislation” is to be construed accordingly.
Article 2Amendment of Education Subordinate Legislation#
(1)This article applies in relation to Wales.
(2)The education subordinate legislation specified in Schedule 1 is amended in accordance with that Schedule.
(3)In any provision of education subordinate legislation not specified in Schedule 1 and in the titles of such subordinate legislation, for “local education authority” and “LEA” in each place where those words occur substitute “local authority” and for “local education authorities” and “LEAs” in each place where those words occur substitute “local authorities”.
Article 3Amendment of Non-education Subordinate Legislation#
The non-education subordinate legislation specified in Schedule 2 (which relate to local education authorities in Wales) is amended in accordance with that Schedule.
Schedule 1 · Amendment of Education Subordinate Legislation
Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994
(1)
(1)The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 are amended as follows.
(3)In Schedule 1—
(a)for paragraph 5(2) substitute—“2 Before any decision is taken as to whether a child is to be excluded the proprietor or head teacher shall, unless it would not be appropriate to do so in any case, give written notice to—a his parents;b the local authority in whose areas the school is situated; andc (if different) the local authority who have arranged for the placing of the child,stating the grounds for the proposed exclusion, and shall take into account any representation made by them.”
(4)In Schedule 2—
(a)in paragraph 6 for “the local education authority in whose area the school is situated, any local education authority or, as the case may be, local authority who have arranged the placing of a child at the school and the local authority in whose area the school is situated” substitute “the local authority in whose area the school is situated and any other local authority who have arranged the placing of a child at the school”;
(b)in the heading to paragraph 8 for “local education authorities” substitute “local authorities”;
(d)in paragraph 11(1) omit “local education authority or”;
(f)in paragraph 12(3) omit “local education authority or, as the case may be”.
Education (School Attendance Order) Regulations 1995
Education (Assisted Places) (Incidental Expenses) Regulations 1997
(3)In regulation 3 of the Education (Assisted Places) (Incidental Expenses) Regulations 1997, in paragraph (c) of the definition of “school travel expenditure” for “local education authority” substitute “local authority in the exercise of education functions (within the meaning of the Education Act 1996)”.
Education (Infant Class Sizes) (Wales) Regulations 1998
(4)
(1)The Education (Infant Class Sizes) (Wales) Regulations 1998 are amended as follows.
(2)In regulation 2—
(a)omit the definition of “LEA”;
(b)in the definitions of “child with a statement” and “statement” for “an LEA” substitute “a local authority”.
Education (Foundation Body) (Wales) Regulations 2001
(5)
(1)The Education (Foundation Body) (Wales) Regulations 2001 are amended as follows.
(3)For regulation 10(2)(c) substitute—“c not be an elected member of a local authority which maintains any school in the group or a person employed by such an authority in connection with its education functions”
Change of Category of Maintained Schools (Wales) Regulations 2001
(6)
(1)The Change of Category of Maintained Schools (Wales) Regulations 2001 are amended as follows.
(3)In regulation 15A for “LEA governor” substitute “authority governor”.
Education (Budget Statements) (Wales) Regulations 2002
(7)
(1)The Education (Budget Statements) (Wales) Regulations 2002 are amended as follows.
(2)In regulation 2(1)—
(b)omit the definition of “LEA number”; and
(c)insert in the appropriate alphabetical order—“• “authority number” means the reference number allocated to the authority by the Welsh Ministers;”
(3)In regulation 4(6)(c) for “LEA number” substitute “authority number”.
(4)In Schedule 1—
(b)in the Notes to Part 1 in paragraphs 1, 5(b) and 15 for “LEA” substitute “local authority”.
Education (Special Educational Needs) (Wales) Regulations 2002
(8)
(1)The Education (Special Educational Needs) (Wales) Regulations 2002 are amended as follows.
(2)In regulation 2—
(a)in paragraph (1)—
(ii)omit the definition of “social services authority”; and
(iii)insert the following definition at the appropriate place in alphabetical order—“• “social worker” means a person employed or engaged by the authority as a social worker;”
(3)In regulation 6—
(a)in paragraph (2) omit sub-paragraph (a); and
(b)in each of paragraphs (4) and (5) for “paragraph (2)(a) to (d)” substitute “paragraph (2)(b) to (d)”.
(5)In regulation 12—
(b)after paragraph (7)(h) insert—“i the authority have not produced or maintained any social services information or records relevant to the assessment of the child before the date on which they served or gave the notice referred to in regulation 6(1), 6(4) or 6(5) (as appropriate).7A In paragraph (7)(i) “social services information or records” means information or records produced or maintained by the authority in connection with the exercise of their social services functions (within the meaning of the Local Authority Social Services Act 1970).”
(d)in paragraph (9)—
(i)omit “or a social services authority”; and
(ii)in sub-paragraph (c) omit “or the social services authority respectively”;
(e)omit paragraph (11).
(6)In regulation 18(6)—
(a)omit “and on the social services authority”; and
(b)in sub-paragraph (a)(i) omit “or social services authority”.
(7)In regulation 21(6)—
(a)for sub-paragraph (c) substitute—“c two representatives of the authority of which one is to be a person employed or engaged by the authority in connection with their education functions and one is to be a social worker,”
(b)omit sub-paragraph (g).
(8)In regulation 22—
(a)in paragraph (3)(b) for “a representative of the social services authority” substitute “a social worker”; and
(b)in paragraph (5) after “the authority” insert “who is a person employed or engaged by the authority in connection with its education functions”.
(12)In Schedule 2—
(a)in Part 1, in paragraph 2 for “Advice for Social Services Authority” substitute “Social Work Advice”;
(b)in Part 6 in the heading Appendix E for “the Social Services Authority” substitute “the Social Worker”.
Education (Teacher Student Loans) (Repayment etc.) Regulations 2003
(10)
(1)The Education (Teacher Student Loans) (Repayment etc.) Regulations 2003 are amended as follows.
(3)In regulation 4(1)(b) for “or a local education authority” substitute “or with a local authority in connection with its education functions”.
Schools Forums (Wales) Regulations 2003
LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003
(12)
(1)The LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003 are amended as follows.
(2)In the title of the Regulations for “LEA Budget” substitute “Non-schools Education Budget”.
(3)In regulation 1(1) for “LEA Budget” substitute “Non-schools Education Budget”.
(7)For the heading to regulation 5 substitute—“• The Non-schools Education Budget”
(8)In regulation 5(1)—
(11)In Schedule 1—
(b)in paragraph 19 for “in their capacity as a local education authority” substitute “in connection with their education functions”.
Education (Pupil Information) (Wales) Regulations 2004
(13)
(1)The Education (Pupil Information) (Wales) Regulations 2004 are amended as follows.
(2)In regulation 2(1)—
(b)omit the definition of “LEA number”; and
(c)insert in the appropriate alphabetical order–“• “authority number” is a combination of numbers allocated to a local authority which is particular to that authority, determined by the Welsh Ministers;”
(4)In paragraph 8 of Schedule 1 for “LEA” substitute “authority”.
Education (LEA Financial Schemes) (Wales) Regulations 2004
(15)
(1)The Education (LEA Financial Schemes) (Wales) Regulations 2004 are amended as follows.
(2)In the title of the Regulations and in regulation 1(1) for “LEA” substitute “Local Authority”.
(4)In paragraph 9 of the Schedule for “LEA budget” substitute “non-schools education budget”.
New Maintained Schools (Wales) Regulations 2005
(16)
(1)The New Maintained Schools (Wales) Regulations 2005 are amended as follows.
(3)For regulation 9(7)(b) substitute—“b is employed by the local authority in connection with its education functions; or”
(5)For regulation 12 substitute—“12 1 A “temporary authority governor” is a person appointed to be a member of the temporary governing body of a new school by the local authority.2 A person is disqualified from appointment as a temporary authority governor of a school if he or she is eligible to be a temporary staff governor or a temporary teacher governor of a school.”
(7)For regulation 16(3)(e) substitute—“e is employed by the local authority in connection with its education functions.”
Government of Maintained Schools (Wales) Regulations 2005
(17)
(1)The Government of Maintained Schools (Wales) Regulations 2005 are amended as follows.
(3)For regulation 4(2)(b) substitute—“b employed by the local authority in connection with its education functions;”
(4)For regulation 7 substitute—“7 1 In these Regulations “authority governor” means a person who is appointed as a governor by the local authority.2 A person is disqualified from appointment or continuing to hold office as an authority governor of a school if he or she is eligible to be a teacher or staff governor of the school.”
(6)For regulation 10(2)(e) substitute—“e employed by the local authority in connection with its education functions.”
(7)In the Tables in regulations 13, 14 and 15 for “LEA governors” substitute “Authority governors”.
(9)In the Tables in regulations 16, 17, 18 and 19 for “LEA governors” substitute “Authority governors”.
(10)In regulation 21(5) for “LEA governor” substitute “authority governor”.
(11)In the heading to regulation 27 for “LEA” substitute “authority”.
(12)In regulation 27(1) for “LEA governor” substitute “authority governor”.
(13)In regulation 32 for “local education authorities” substitute “local authorities”.
(16)In the Table in Schedule 6 for “LEA governor” in the second column substitute “Authority governor”.
Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010
(18)
(1)The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010 are amended as follows.
(3)In regulations 11(3)(b) and 17(2)(e) for “functions as a local education authority” substitute “education functions”.
School Funding (Wales) Regulations 2010
(19)
(1)The School Funding (Wales) Regulations 2010 are amended as follows.
(2)In regulation 2 for “The LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003 substitute “The Non-schools Education Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003” and for “the Education (LEA Financial Schemes) (Wales) Regulations 2004” substitute “The Education (Local Authority Financial Schemes) (Wales) Regulations 2004”.
(4)In the heading to Part 2 for “LEA Budget” substitute “Non-schools Education Budget”.
(5)For the heading to regulation 4 substitute—“• The Non-schools Education Budget”
(6)In regulation 4(1) and in the second sub-paragraph (a) in regulation 6(2) for “LEA budget” substitute “non-schools education budget”.
(7)In the heading to Schedule 1 for “LEA Budget” substitute “Non-schools Education Budget”.
(8)In paragraph 20 of Schedule 1 for “in their capacity as a local education authority” substitute “in connection with their education functions”.
(9)In paragraph 9 of Schedule 4 for “LEA budget” substitute “non-schools education budget”.
Schedule 2 · Amendment of non-education Subordinate Legislation
Local Government (Committees and Political Groups) Regulations 1990
(1)In regulation 4(2) of the Local Government (Committees and Political Groups) Regulations 1990 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)”.
Homeless Persons (Priority Needs) (Wales) Order 2001
Children (Leaving Care) (Wales) Regulations 2001
(4)
(1)The Children (Leaving Care) (Wales) Regulations 2001 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
Parent Governor Representatives and Church Representatives (Wales) Regulations 2001
(6)
(1)The Parent Governor Representatives and Church Representatives (Wales) Regulations 2001 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;”
(c)omit the definition of “local education authority”.
Children’s Homes (Wales) Regulations 2002
(7)In regulation 2(1) of the Children’s Homes (Wales) Regulations 2002, 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
(8)
(1)The Special Educational Needs and Disability Tribunal (General Provisions and Claims Procedure) Regulations 2002 are amended as follows.
Bus Service Operators Grant (Wales) Regulations 2002
Travel Concessions (Eligible Services) Order 2002
Race Relations (Statutory Duties) Order 2003
(11)
(1)The Race Relations Act 1976 (Statutory Duties) Order 2003 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
Adoption Agencies (Wales) Regulations 2005
(13)
(1)Regulation 36(4) of the Adoption Agencies (Wales) Regulations 2005 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).
Special Guardianship (Wales) Regulations 2005
(15)
(1)The Special Guardianship (Wales) Regulations 2005 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).
Functions of Local Health Boards (Dental Public Health) (Wales) Regulations 2006
(16)In regulation 2(2)(b) of the Functions of Local Health Boards (Dental Public Health) (Wales) Regulations 2006 for “local education authorities” substitute “local authorities”.
Single Education Plan (Wales) Regulations 2006
(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education (Parenting Orders) (Wales) Regulations 2006
Local Safeguarding Children Boards (Wales) Regulations 2006
(20)
(1)The Local Safeguarding Children Boards (Wales) Regulations 2006 are amended as follows.
(4)In the heading to regulation 7 for “Children’s Services Authorities” substitute “Local Authorities”.
National Assembly for Wales (Representation of the People) Order 2007
(21)
(1)The National Assembly for Wales (Representation of the People) Order 2007 is amended as follows.
Placement of Children (Wales) Regulations 2007
(22)
(1)The Placement of Children (Wales) Regulations 2007 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, orii which makes arrangements for the provision of education for the child otherwise than at school pursuant to section 19 of the Education Act 1996, oriii 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
(23)
(1)The Children and Young People’s Plan (Wales) Regulations 2007 are amended as follows.
(2)In regulation 2—
(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.”
School Milk (Wales) Regulations 2008
Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009
Learning and Skills (Wales) Measure 2009 (Commencement No 1 and Transitional Provision) Order 2009
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