Explanatory note

This Order is made under section 1 of the Ministers of Crown Act 1975. It transfers certain functions relating to local authorities’ duty to secure leisure-time activities for young persons from the Secretary of State to the Minister for the Cabinet Office.

Article 2 of the Order effects the transfers. Article 3 makes consequential amendments. Article 4 makes supplemental provision.

Section 507B of the Education Act 1996 requires a local authority in England to promote the well-being of persons aged 13-19 (and persons aged up to 25 with learning difficulties) by securing access for them to sufficient educational and recreational leisure-time activities, so far as is reasonably practicable. Section 507B(12) requires a local authority, in exercising its functions, to have regard to guidance given by the Secretary of State. The function of issuing guidance is transferred to the Minister for the Cabinet Office. Article 4(2) makes provision to ensure that guidance given by the Secretary of State prior to the coming into force of this Order continues to have effect.

Sections 496, 497, 497A and 497AA of the Education Act 1996 provide the Secretary of State with powers of intervention which are exercisable if a local authority does not perform its functions. These powers are transferred to the Minister for the Cabinet Office in relation to local authority functions under section 507B only.

Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.