Regulation 22 Delegation of functionsI1

England and Wales

(1)

Subject to paragraph (3), an authority must delegate the functions mentioned in paragraph (2) relating to a unit to the committee, together with such of the authority’s powers as are requisite for discharging those functions.

(2)

The functions are—

(a)

conducting the unit;

(b)

the authority’s functions under paragraph 6(3) of Schedule 1 to the Education Act 1996 (complaints relating to the curriculum);

(c)

the authority’s functions under section 88 of the Education and Inspections Act 2006^f1 (responsibility for discipline); and

(d)

with respect to teachers employed by the authority to work at the unit, the authority’s functions under the School Teacher Appraisal (Wales) Regulations 2011^f2.

F1(e)

the authority’s functions by virtue of paragraph 1 of Schedule 1 to the Education Act 1996, where those functions are conferred by, or under, the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(3)

Paragraph (1) does not apply to the following—

(a)

the authority’s functions under—

(i)

section 4 of the School Standards and Organisation (Wales) Act 2013^f3 (power to intervene),

(ii)

regulations made under section 31 of the Education Act 2002^f4 (control of school premises), and

(iii)

section 29(5) of the Education Act 2002 (direction by authority concerning health and safety);

(b)

any power to appoint, dismiss or suspend teachers and non-teaching staff at the unit;

(c)

any power to spend any sum of money appropriated by the authority for the purposes of the unit.

Annotations

Textual amendments

F1: Reg. 22(2)(e) inserted (1.9.2021) by The Education (Pupil Referral Units) (Management Committees etc.) (Wales) (Amendment) Regulations 2021 (S.I. 2021/209), regs. 1(2), 2

Commencement

I1: Reg. 22 in force at 23.2.2015, see reg. 1(3)

Footnotes

f1: 2006 c. 40.
f2: S.I. 2011/2940 (W. 316).
f3: 2013 anaw 1.
f4: 2002 c. 32.