OpenLegislation

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Subordinate Legislation) (Wales) Order 2010

W.S.I. 2010/1142 · Made 31 March 2010 · Extends to England and Wales

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 September 2022.

See the changes not yet applied
ProvisionChangeMade by
Sch. 1 para. 7revokedSchool Funding, Budget Statements and Outturn Statements 2026 Sch. 1
Sch. 1 para. 19revokedSchool Funding, Budget Statements and Outturn Statements 2026 Sch. 1
Sch. 1 para. 7revokedSchool Funding, Budget Statements and Outturn Statements 2026 Sch. 1
Sch. 1 para. 19revokedSchool Funding, Budget Statements and Outturn Statements 2026 Sch. 1

EDUCATION, WALES

Made 31 March 2010

Laid before the National Assembly for Wales 1 April 2010

Coming into force in accordance with article 1(1)

The Welsh Ministers make this Order, in exercise of the powers conferred by section 162 of the Education and Inspections Act 2006f1.

Annotations to the whole text

Footnotes

f1

2006 c. 40. Functions of the National Assembly for Wales under section 162 were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Section 162 was amended by section 23 of the Learner Travel (Wales) Measure 2008 (nawm 2), by paragraph 11 of the Schedule to the Education (Wales) Measure 2009 (nawm 5) and by paragraph 20 of Schedule 1 to the Children and Families (Wales) Measure 2010 (nawm 1).

Contents

  1. 1Title, commencement and interpretation
  2. 2Amendment of Education Subordinate Legislation
  3. 3Amendment of Non-education Subordinate Legislation
  4. Signature
  5. Schedule 1: Amendment of Education Subordinate Legislation
  6. Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994
  7. 1Paragraph 1
  8. Education (School Attendance Order) Regulations 1995
  9. 2Paragraph 2
  10. Education (Assisted Places) (Incidental Expenses) Regulations 1997
  11. 3Paragraph 3
  12. Education (Infant Class Sizes) (Wales) Regulations 1998
  13. 4Paragraph 4
  14. Education (Foundation Body) (Wales) Regulations 2001
  15. 5Paragraph 5
  16. Change of Category of Maintained Schools (Wales) Regulations 2001
  17. 6Paragraph 6
  18. Education (Budget Statements) (Wales) Regulations 2002
  19. 7Paragraph 7
  20. Education (Special Educational Needs) (Wales) Regulations 2002
  21. 8Paragraph 8
  22. Special Educational Needs (Provision of Information by Local Education Authorities) (Wales) Regulations 2002
  23. 9Paragraph 9
  24. Education (Teacher Student Loans) (Repayment etc.) Regulations 2003
  25. 10Paragraph 10
  26. Schools Forums (Wales) Regulations 2003
  27. 11Paragraph 11
  28. LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003
  29. 12Paragraph 12
  30. Education (Pupil Information) (Wales) Regulations 2004
  31. 13Paragraph 13
  32. Schools Budget Shares (Wales) Regulations 2004
  33. 14Paragraph 14
  34. Education (LEA Financial Schemes) (Wales) Regulations 2004
  35. 15Paragraph 15
  36. New Maintained Schools (Wales) Regulations 2005
  37. 16Paragraph 16
  38. Government of Maintained Schools (Wales) Regulations 2005
  39. 17Paragraph 17
  40. Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010
  41. 18Paragraph 18
  42. School Funding (Wales) Regulations 2010
  43. 19Paragraph 19
  44. Schedule 2: Amendment of non-education Subordinate Legislation
  45. Local Government (Committees and Political Groups) Regulations 1990
  46. 1Paragraph 1
  47. National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000
  48. 2Paragraph 2
  49. Homeless Persons (Priority Needs) (Wales) Order 2001
  50. 3Paragraph 3
  51. Children (Leaving Care) (Wales) Regulations 2001
  52. 4Paragraph 4
  53. Code of Conduct (Non-Qualifying Local Government Employees) (Wales) Regulations 2001
  54. 5Paragraph 5
  55. Parent Governor Representatives and Church Representatives (Wales) Regulations 2001
  56. 6Paragraph 6
  57. Children’s Homes (Wales) Regulations 2002
  58. 7Paragraph 7
  59. Special Educational Needs and Disability Tribunal (General Provisions and Claims Procedure) Regulations 2002
  60. 8Paragraph 8
  61. Bus Service Operators Grant (Wales) Regulations 2002
  62. 9Paragraph 9
  63. Travel Concessions (Eligible Services) Order 2002
  64. 10Paragraph 10
  65. Race Relations (Statutory Duties) Order 2003
  66. 11Paragraph 11
  67. School Organisation Proposals by the National Assembly for Wales Regulations 2004
  68. 12Paragraph 12
  69. Adoption Agencies (Wales) Regulations 2005
  70. 13Paragraph 13
  71. Adoption Support Services (Local Authorities) (Wales) Regulations 2005
  72. 14Paragraph 14
  73. Special Guardianship (Wales) Regulations 2005
  74. 15Paragraph 15
  75. Functions of Local Health Boards (Dental Public Health) (Wales) Regulations 2006
  76. 16Paragraph 16
  77. Single Education Plan (Wales) Regulations 2006
  78. 17Paragraph 17 Repealed
  79. Local Authorities (Standing Orders) (Wales) Regulations 2006
  80. 18Paragraph 18
  81. Education (Parenting Orders) (Wales) Regulations 2006
  82. 19Paragraph 19
  83. Local Safeguarding Children Boards (Wales) Regulations 2006
  84. 20Paragraph 20
  85. National Assembly for Wales (Representation of the People) Order 2007
  86. 21Paragraph 21
  87. Placement of Children (Wales) Regulations 2007
  88. 22Paragraph 22
  89. Children and Young People’s Plan (Wales) Regulations 2007
  90. 23Paragraph 23
  91. Local Authorities (Conduct of Referendums) (Wales) Regulations 2008
  92. 24Paragraph 24
  93. School Milk (Wales) Regulations 2008
  94. 25Paragraph 25
  95. Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009
  96. 26Paragraph 26
  97. Learning and Skills (Wales) Measure 2009 (Commencement No 1 and Transitional Provision) Order 2009
  98. 27Paragraph 27
  99. Explanatory note

1Title, commencement and interpretationI1

(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.

2Amendment of Education Subordinate LegislationI1

(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”.

3Amendment of Non-education Subordinate LegislationI1

The non-education subordinate legislation specified in Schedule 2 (which relate to local education authorities in Wales) is amended in accordance with that Schedule.

Signature

Leighton Andrews

Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers

31 March 2010

1I1

(1)

The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994f1 are amended as follows.

(2)

In regulation 2—

(a)

omit the definition of “local authority”;

(b)

in the definition of “non-maintained special school” for “local education authority” substitute “local authority”;

(c)

for the definition of “relevant local education authority” substitute—

  • ““relevant local authority” in relation to a child with a statement means the local authority by whom the statement is maintained;”.

(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; and

(c)

(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.”;

(b)

in paragraphs 8 and 10(1) for “local education authority” substitute “local authority”.

(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”;

(c)

in paragraphs 8(1) and (5), 9(1) and 10(1)(b) and (3)(b) for “local education authority” substitute “local authority”;

(d)

in paragraph 11(1) omit “local education authority or”;

(e)

in paragraph 11(2) for “a local authority or the relevant local education authority” substitute “the local authority in whose area the school is situated and (if different) the relevant local authority”; and

(f)

in paragraph 12(3) omit “local education authority or, as the case may be”.

2I1

(1)

The Education (School Attendance Order) Regulations 1995f1 are amended as follows.

(2)

In regulation 2f2 for “local education authority” substitute “local authority”.

(3)

In the Schedule omit “Local Education Authority” and “Education Authority”.

3I1

In regulation 3 of the Education (Assisted Places) (Incidental Expenses) Regulations 1997f1, 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)”.

4I1

(1)

The Education (Infant Class Sizes) (Wales) Regulations 1998f1 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”.

5I1

(1)

The Education (Foundation Body) (Wales) Regulations 2001f1 are amended as follows.

(2)

In regulation 7 for “local education authority” substitute “local authority”.

(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”.

(4)

In regulations 21(9), 22(5) and 24(1)(d) and in paragraph 7(6) of Schedule 2, for “local education authority” in each place where those words occur substitute “local authority”.

6I1

(1)

The Change of Category of Maintained Schools (Wales) Regulations 2001f1 are amended as follows.

(2)

For “local education authority” in each place where those words occur substitute “local authority” and for “local education authorities” in each place where those words occur substitute “local authorities”.

(3)

In regulation 15A for “LEA governor” substitute “authority governor”.

7I1

(1)

The Education (Budget Statements) (Wales) Regulations 2002f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

in the definition of “authority” for “local education authority” substitute “local authority”;

(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—

(a)

in Table 1 for “LEA Name” substitute “Local Authority’s Name” and for “LEA Code” substitute “Local Authority’s Code”;

(b)

in the Notes to Part 1 in paragraphs 1, 5(b) and 15 for “LEA” substitute “local authority”.

(5)

In Schedule 2 in Table 2 for “LEA” substitute “Local Authority” and for “LEA No.” substitute “Authority No.”.

8I1

(1)

The Education (Special Educational Needs) (Wales) Regulations 2002f1 are amended as follows.

(2)

In regulation 2—

(a)

in paragraph (1)—

(i)

for the definition of “authority” substitute—

  • ““authority” means a local authority;”;

(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;”; and

(b)

in paragraph (3) omit the words “or the social services authority” and “or social services authority”.

(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)”.

(4)

In regulation 7(1) for sub-paragraph (e) substitute—

“(e)

advice from a social worker,”.

(5)

In regulation 12—

(a)

in paragraph (7)(e) omit the words “or a social services authority”, “or (e) respectively” and “or the social services authority”;

(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 1970f2).”;

(c)

in paragraph (8) substitute “and (10)” for “, (10) and (11)” and omit “or a social services authority”, “or (e) respectively” and “or social services authority”;

(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,”; and

(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”.

(9)

In regulation 23(7) and (8) for “local education authority” substitute “local authority”.

(10)

In regulation 24(1)(g) for “social services authority” substitute “local authority”.

(11)

In Part A and Part B of Schedule 1 for “maintained (LEA) school, including an LEA maintained special school” substitute “maintained (local authority) school including a local authority maintained special school”.

(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”.

9I1

(1)

The Special Education Needs (Provision of Information by Local Education Authorities (Wales) Regulations 2002f1 are amended as follows.

(2)

In the title of the Regulations for “Local Education Authorities” substitute “Local Authorities”.

(3)

In regulation 1(1) for “Local Education Authorities” substitute “Local Authorities”.

(4)

In regulation 1(2) omit the definition of “social services authority”.

(5)

In regulation 2 for “local education authority” substitute “local authority”.

(6)

In regulation 3—

(a)

in paragraph (1) for “local education authority” in each place where those words occur substitute “local authority”;

(b)

in paragraph (1)(a) for “social services authority” substitute “any other local authority”;

(c)

in paragraph (4) for “local education authority” in each place where those words occur substitute “local authority”; and

(d)

in paragraph (4)(a) for “social services authority” substitute “other local authority”.

(7)

In the title to the Schedule for “Local Education Authorities” substitute “Local Authorities”.

(8)

In the Schedule for “local education authority” in each place where those words occur substitute “local authority”.

10I1

(1)

The Education (Teacher Student Loans) (Repayment etc.) Regulations 2003f1 are amended as follows.

(2)

In regulation 2(1) for “local education authority” in each place where those words occur substitute “local authority”.

(3)

In regulation 4(1)(b) for “or a local education authority” substitute “or with a local authority in connection with its education functions”.

11I1

(1)

The Schools Forums (Wales) Regulations 2003f1 are amended as follows.

(2)

In regulations 1(3) and 2 for “local education authority” substitute “local authority”.

(3)

In regulation 11 for “LEA budget” substitute “non-schools education budget”.

12I1

(1)

The LEA Budget, Schools Budget and Individual Schools Budget (Wales) Regulations 2003f1 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”.

(4)

In regulation 2 for “local education authority” in each place where those words occur substitute “local authority”.

(5)

In regulation 4 for “local education authority” in each place where those words occur other than in the second sub-paragraph (a) in paragraph (2) substitute “local authority”.

(6)

In regulation 4(2) in the second sub-paragraph (a) for “a local education authority’s LEA budget” substitute “a local authority’s non-schools education budget”.

(7)

For the heading to regulation 5 substitute—

  • “The Non-schools Education Budget”

(8)

In regulation 5(1)—

(a)

for “local education authority” in the first place where those words occur substitute “local authority”; and

(b)

for “a local education authority’s LEA budget” substitute “a local authority’s non-schools education budget”.

(9)

In regulation 6 for “local education authority” substitute “local authority”.

(10)

In the heading to Schedule 1 for “THE LEA BUDGET OF A LOCAL EDUCATION AUTHORITY” substitute “THE NON-SCHOOLS EDUCATION BUDGET OF A LOCAL AUTHORITY”.

(11)

In Schedule 1—

(a)

in paragraph 18 for “local education authority” substitute “local authority”;

(b)

in paragraph 19 for “in their capacity as a local education authority” substitute “in connection with their education functions”.

(12)

In the heading to Schedule 2 for “LOCAL EDUCATION AUTHORITY” substitute “LOCAL AUTHORITY”.

(13)

In Schedule 2, in paragraphs 9, 10, 18 and 21 for “local education authority” in each place where those words occur substitute “local authority”.

13I1

(1)

The Education (Pupil Information) (Wales) Regulations 2004f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

for “local education authority” in each place where those words occur, other than in the definition of “LEA number”, substitute “local authority”;

(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;”.

(3)

In regulations 3, 4, 5, 6 and 10 for “local education authority” in each place where those words occur substitute “local authority”.

(4)

In paragraph 8 of Schedule 1 for “LEA” substitute “authority”.

14I1

(1)

The Schools Budget Shares (Wales) Regulations 2004f1 are amended as follows.

(2)

In regulation 2(1) in the definition of “the 2003 Regulations” 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”.

(3)

In regulations 2, 4 to 8, 10 to 14, 16 to 22 and in the Schedule for “local education authority” in each place where those words occur substitute “local authority”.

15I1

(1)

The Education (LEA Financial Schemes) (Wales) Regulations 2004f1 are amended as follows.

(2)

In the title of the Regulations and in regulation 1(1) for “LEA” substitute “Local Authority”.

(3)

In regulations 2(2), 4, 5 and 6 and in the Schedule for “local education authority” in each place where those words occur substitute “local authority”.

(4)

In paragraph 9 of the Schedule for “LEA budget” substitute “non-schools education budget”.

16I1

(1)

The New Maintained Schools (Wales) Regulations 2005f1 are amended as follows.

(2)

In regulations 3, 5, 6, 8 and 9(1), (2), (3) and (7)(a) for “local education authority” in each place where those words occur substitute “local authority”.

(3)

For regulation 9(7)(b) substitute—

“(b)

is employed by the local authority in connection with its education functions; or”.

(4)

In regulations 10 and 11 for “local education authority” in each place where those words occur substitute “local authority”.

(5)

For regulation 12 substitute—

“Temporary authority governors

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.”.

(6)

In regulations 13, 15, 16(1) and (3)(d) for “local education authority” in each place where those words occur substitute “local authority”.

(7)

For regulation 16(3)(e) substitute—

“(e)

is employed by the local authority in connection with its education functions.”.

(8)

In regulations 21, 26, 27, 30, 33, 34, 35, 36, 38, 39, 43 and 44 for “local education authority” in each place where those words occur substitute “local authority”.

17I1

(1)

The Government of Maintained Schools (Wales) Regulations 2005f1 are amended as follows.

(2)

In regulations 3(2)(c) and 4(2)(a) for “local education authority” substitute “local authority”.

(3)

For regulation 4(2)(b) substitute—

“(b)

employed by the local authority in connection with its education functions;”.

(4)

For regulation 7 substitute—

“Authority governors

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.”.

(5)

In regulations 8(3), 9(1) and 10(2)(d) for “local education authority” substitute “local authority”.

(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”.

(8)

In regulation 15(4) and (5)(a) for “local education authority” substitute “local authority”.

(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”.

(14)

In regulations 34 to 37, 42, 45, 47, 51, 55 and 61 for “local education authority” in each place where those words occur substitute “local authority” .

(15)

In Schedules 1, 2 and 3 for “local education authority” in each place where those words occur substitute “local authority”.

(16)

In the Table in Schedule 6 for “LEA governor” in the second column substitute “Authority governor”.

18I1

(1)

The Federation of Maintained Schools and Miscellaneous Amendments (Wales) Regulations 2010f1 are amended as follows.

(2)

In regulation 2(1) in the definition of “local authority” for “local education authority” in each place where those words occur substitute “local authority” and for “local education authorities” substitute “local authorities”.

(3)

In regulations 11(3)(b) and 17(2)(e) for “functions as a local education authority” substitute “education functions”.

19I1

(1)

The School Funding (Wales) Regulations 2010f1 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”.

(3)

In regulation 3(1) for “local education authority” substitute “local authority”.

(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”.

1I1

In regulation 4(2) of the Local Government (Committees and Political Groups) Regulations 1990f1 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)”.

2I1

(1)

Regulation 6 of the National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000f1 is amended as follows.

(2)

For paragraph (b) substitute—

“(b)

the functions under sections 7 or 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986;”.

(3)

In paragraph (d) for “local education authorities” substitute “local authorities”.

3I1

(1)

The Homeless Persons (Priority Needs) (Wales) Order 2001f1 is amended as follows.

(2)

In article 3(2)(d)(i) for “local education authority” substitute “local authority”.

4I1

(1)

The Children (Leaving Care) (Wales) Regulations 2001f1 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”.

5I1

(1)

The Code of Conduct (Non-Qualifying Local Government Employees) (Wales) Regulations 2001f1 are amended as follows.

(2)

In regulation 2 in the definition of “teacher” for “Local Education Authority” substitute “local authority”.

6I1

(1)

The Parent Governor Representatives and Church Representatives (Wales) Regulations 2001f1 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;”;

(b)

in the definition of “education overview and scrutiny committee” for “local education authority” in each place where those words occur substitute “local authority”;

(c)

omit the definition of “local education authority”.

(3)

In regulations 4 to 13 for “local education authority” in each place where those words occur substitute “local authority”.

7I1

In regulation 2(1) of the Children’s Homes (Wales) Regulations 2002f1, 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,”.

8I1

(1)

The Special Educational Needs and Disability Tribunal (General Provisions and Claims Procedure) Regulations 2002f1 are amended as follows.

(2)

In regulation 7(1)(a)(v) for “local education authority” in each place where those words occur substitute “local authority”.

(3)

In regulation 27(2) for “local education authority” substitute “local authority”.

9I1

In regulation 3(1)(a)(i) of the Bus Service Operators Grant (Wales) Regulations 2002f1 for “local education authority” substitute “local authority”.

10I1

In article 3(1)(a)(i) of the Travel Concessions (Eligible Services) Order 2002f1 for “local education authority” substitute “local authority”.

11I1

(1)

The Race Relations Act 1976 (Statutory Duties) Order 2003f1 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”.

12I1

In the School Organisation Proposals by the National Assembly for Wales Regulations 2004f1 for “local education authority” in each place those words occur substitute “local authority”.

13I1

(1)

Regulation 36(4) of the Adoption Agencies (Wales) Regulations 2005f1 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).

14I1

(1)

The Adoption Support Services (Local Authorities) (Wales) Regulations 2005f1 are amended as follows.

(2)

In regulation 2 omit the definition of “local education authority”.

(3)

In regulation 5(1) omit sub-paragraph (f).

(4)

For regulation 8(4) substitute—

“(4)

Where paragraph (1) applies and it appears to the local authority that—

(a)

there may be a need for the provision of services for the person whose needs are being assessed by a local health board, NHS Trust or Primary Care Trust; or

(b)

there may be a need for the provision to that person of any services which fall within another local authority’s education functions (within the meaning of section 579(1) of the Education Act 1996),

the local authority must, as part of the assessment, consult that local health board, NHS Trust, Primary Care Trust or local authority.”.

(5)

In regulation 10—

(a)

in paragraph (3) for “the functions of a local education authority” substitute “another local authority’s education functions (within the meaning of section 579(1) of the Education Act 1996)” and for “or local education authority” substitute “or local authority”; and

(b)

in paragraph (5)(c) for “local education authority” substitute “local authority”.

(6)

In regulation 13(2) for “a local education authority” substitute “another local authority” and for “the local education authority” substitute “the other local authority”.

15I1

(1)

The Special Guardianship (Wales) Regulations 2005f1 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).

(4)

In regulation 6(1)(c) for the words “local education authority” substitute “another local authority”.

(5)

In regulation 11(3) for the words “local education authority” substitute “another local authority”.

16I1

In regulation 2(2)(b) of the Functions of Local Health Boards (Dental Public Health) (Wales) Regulations 2006f1 for “local education authorities” substitute “local authorities”.

17F1

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

18I1

(1)

The Local Authorities (Standing Orders) (Wales) Regulations 2006f1 are amended as follows.

(2)

In Schedule 3, in paragraph 3(g) of Part 1 in paragraph 3(f) of Part 2, in paragraph 3(d) of Part 3 and in paragraph 3(f) of Part 4, for “local education authority” substitute “local authority”.

19I1

(1)

The Education (Parenting Orders) (Wales) Regulations 2006f1 are amended as follows.

(2)

In regulations 4(1)(a) and 5 for “local education authority” substitute “local authority”.

20I1

(1)

The Local Safeguarding Children Boards (Wales) Regulations 2006f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

in the definition of “Board” for “children’s services authority” substitute “local authority” and for “children’s services authorities” substitute “local authorities”;

(b)

omit the definition of “children’s services authority”;

(c)

insert in the appropriate alphabetical order—

  • ““local authority”, in relation to a Board, means the authority or authorities by whom the Board is established;”.

(3)

In regulations 3(1)(g) and 5(1) and (2) for “children’s services authority” substitute “local authority”.

(4)

In the heading to regulation 7 for “Children’s Services Authorities” substitute “Local Authorities”.

(5)

In regulation 7(1) and (2) for “children’s services authority” substitute “local authority”.

21I1

(1)

The National Assembly for Wales (Representation of the People) Order 2007f1 is amended as follows.

(2)

In paragraph 31(2) of Schedule 5 for “local education authority” substitute “local authority (within the meaning of section 579(1) of the Education Act 1996)”.

(3)

In paragraphs 1(1), 2(1) and 4 of Schedule 8 for “local education authority” substitute “local authority (within the meaning of section 579(1) of the Education Act 1996)”.

22I1

(1)

The Placement of Children (Wales) Regulations 2007f1 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, or

(ii)

which makes arrangements for the provision of education for the child otherwise than at school pursuant to section 19 of the Education Act 1996, or

(iii)

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;”.

23I1

(1)

The Children and Young People’s Plan (Wales) Regulations 2007f1 are amended as follows.

(2)

In regulation 2—

(a)

in the definition of “authority” for “children’s services authority” substitute “local authority”; and

(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.”.

24I1

In paragraph 11 of Schedule 3 to the Local Authorities (Conduct of Referendums) (Wales) Regulationsf1 for “local education authority” substitute “local authority (within the meaning of section 579(1) of the Education Act 1996)”.

25I1

In regulation 2(1) of the School Milk (Wales) Regulations 2008f1 in the definition of “claimant” for “local education authority” substitute “local authority”.

26I1

In article 2(2)(c) of the Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009f1 for “local education authority” substitute “local authority”.

27I1

In article 3 of the Learning and Skills (Wales) Measure 2009 (Commencement No 1 and Transitional Provision) Order 2009f1 for “local education authority” substitute “local authority”.

Explanatory note

(This note is not part of the Order)

This Order replaces references in regulations and orders to local education authorities and children’s services authorities with references to local authorities.

The integration within local authorities of children’s services departments and education departments is reflected by this change to the use of the term local authority (rather than having the two terms, local education authority and children’s services authority to cover the same body).