OpenLegislation

Section 569 Regulations.E1C1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any power of the Secretary of State F1or the Welsh Ministers to make regulations under this Act shall be exercised by statutory instrument.

(2)

A statutory instrument containing regulations under this Act F2made by the Secretary of State, F3other than one falling within subsection (2A), F4..., shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F5(2A)

A statutory instrument which contains (whether alone or with other provision) regulations under section F6434B, F7436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2), F8550ZA(3)(f) or 550ZC(7) F9, or under paragraph 5 of Schedule 31A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

F10(2B)

F11A statutory instrument containing regulations under sections F1229(6A), 332ZC, 332AA, 332BA, 332BB F13, 336, F14397 F15, 436I(6), 444A F16, 444B or (unless subsection (2BA) applies) Chapter 5A F17, or under paragraph 6B or 6C of Schedule 1, made by the Welsh Ministers F18is subject to annulment in pursuance of a resolution of the National Assembly for Wales are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).

(F192BA)

F20A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 F21may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).

(2BB)

F22A statutory instrument which contains (whether alone or with other provision) regulations under section F23434B or F24436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2) or 579(3C) F25, or under paragraph 5 of Schedule 31A F26 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).

(2C)

Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

F27(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit F28or the Welsh Ministers think fit.

(5)

Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.

(6)

Subsection (5) does not apply to regulations under section 579(4).

Annotations

Textual amendments

F1

Words in s. 569(1) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)

F2

Words in s. 569(2) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(3), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)

F3

Words in s. 569(2) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(2)(a), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F4

Words in s. 569(2) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 18 Pt. 2

F5

S. 569(2A) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(2)(b), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

F6

Word in s. 569(2A) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 37(2)(a), 78(1)(a)(5)

F7

Words in s. 569(2A) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(3)(a), 78(1)(a)(3)(5)

F8

Words in s. 569(2A) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(6), 82(3); S.I. 2012/924, art. 2

F9

Words in s. 569(2A) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(3)(b), 78(1)(a)(3)(5)

F10

S. 569(2B)(2C) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(4), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)

F11

Words in s. 569(2B) omitted (29.4.2026 for the purposes of making regulations) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(4)(a), 78(1)(a)(3)(5)

F12

Word in s. 569(2B) inserted (E.W.) (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(4), 25(3); S.I. 2015/1680, art. 2(d)

F13

Words in s. 569(2B) substituted (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(2)

F14

Word in s. 569(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 22(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F15

Word in s. 569(2B) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(4)(b), 78(1)(a)(3)(5)

F16

Words in s. 569(2B) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(30)(a)(ii); S.I. 2021/373, art. 8(j)(x)

F17

Words in s. 569(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 22(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F18

Words in s. 569(2B) substituted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(4)(c), 78(1)(a)(3)(5)

F19

S. 569(2BA)(2BB) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(30)(b); S.I. 2021/373, art. 8(j)(x)

F20

Words in s. 569(2BA) omitted (29.4.2026 for the purposes of making regulations) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(5)(a), 78(1)(a)(3)(5)

F21

Words in s. 569(2BA) substituted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(5)(b), 78(1)(a)(3)(5)

F22

Words in s. 569(2BB) omitted (29.4.2026 for the purposes of making regulations) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(6)(a), 78(1)(a)(3)(5)

F23

Words in s. 569(2BB) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 37(2)(b), 78(1)(a)(5)

F24

Words in s. 569(2BB) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(6)(b), 78(1)(a)(3)(5)

F25

Words in s. 569(2BB) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(6)(c), 78(1)(a)(3)(5)

F26

Words in s. 569(2BB) substituted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(6)(d), 78(1)(a)(3)(5)

F27

S. 569(3) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 18 Pt. 2

F28

Words in s. 569(4) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(5), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)

Modifications

C1

S. 569 applied by 2010 c. 32, s. 2E(7) (as inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 6(1), 70(2); S.I. 2018/497, reg. 4(a))

Extent

E1

S. 569 extends to Scotland so far as relating to regulations under s. 493 see s. 583(7).