Section 5 Procedure for making the codeI1

(1)

Before issuing or revising a code under section 4, the Welsh Ministers must consult the following persons on a draft of the code—

(a)

each local authority;

(b)

the governing body of each maintained school in Wales;

(c)

the governing body of each institution in the further education sector in Wales;

(d)

Her Majesty's Chief Inspector of Education and Training in Wales;

F1(da)

the Commission for Tertiary Education and Research;

(e)

the Children's Commissioner for Wales;

(f)

the Welsh Language Commissioner;

(g)

the relevant committee of the National Assembly for Wales with remit for the education of children and young persons;

(h)

any other person the Welsh Ministers consider appropriate.

(2)

If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales.

(3)

The Welsh Ministers must not issue a code unless a draft of it is approved by a resolution of the National Assembly for Wales.

(4)

If the National Assembly for Wales resolves to approve a draft of the code—

(a)

the Welsh Ministers must issue the code in the form of the draft, and

(b)

the code comes into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(5)

An order under subsection (4)(b) may—

(a)

appoint different days for different purposes;

(b)

make transitory, transitional or saving provision in connection with the coming into force of a provision in the code.

(6)

References in this section to a code include a revised code.

(7)

The requirement to consult imposed by subsection (1) may be satisfied by consultation undertaken before the coming into force of this Part.

Annotations

Textual amendments

F1: S. 5(1)(da) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 39(3) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xlv)

Commencement

I1: S. 5 in force at 2.11.2020 by S.I. 2020/1182, reg. 2(a)