Learning and Skills (Wales) Measure 2009

(introduced by section 47)

SCHEDULE MINOR AND CONSEQUENTIAL AMENDMENTS

Learning and Skills Act 2000 (c. 21)

1 Amend the Learning and Skills Act 2000 as follows.

2 In the sections mentioned in paragraph 3 replace each reference to “National Assembly” with “Welsh Ministers”.

3 The sections are 32(1), 33, 34, 35(2) and (5), 36(1), 37, 38(1), 39(1), 40 and 41(1).

4 In section 31—

(a) in subsection (1) replace “National Assembly for Wales (the National Assembly)” with “Welsh Ministers”;

(b) in subsection (3) replace “on it” with “on them”;

(c) in subsection (3) replace the first reference to “National Assembly” with “Welsh Ministers”; and

(d) in subsection (3)(d) replace “National Assembly thinks” with “Welsh Ministers think”.

5 In section 32(3) replace—

(a) “on it” with “on them”;

(b) the first reference to “National Assembly” with “Welsh Ministers”; and

(c) “National Assembly thinks” with “Welsh Ministers think”.

6 In section 34—

(a) in subsection (2)(a) replace “itself” with “themselves”; and

(b) in subsection (3) replace “its power” with “their power”.

7 In section 35—

(a) in subsection (1) replace—

(i) “National Assembly itself provides” with “Welsh Ministers themselves provide”; and

(ii) “it may impose” with “they may impose”;

(b) in subsection (2) replace—

(i) “by it” with “by them”;

(ii) “it requests” with “they request”; and

(iii) “its functions” with “their functions”.

8 In section 37—

(a) in subsection (2) replace “its powers” with “their powers”; and

(b) in subsection (4) replace “its power” with “their power”.

9 In section 40(5) replace “its decisions” with “their decisions”.

10 In section 41—

(a) in subsections (2) to (4) replace—

(i) each reference to “National Assembly is” with “Welsh Ministers are”;

(ii) each reference to “it cannot” with “they cannot”; and

(iii) each reference to “it also secures” with “they also secure”;

(b) in subsections (2) and (3) replace each reference to “National Assembly must” with “Welsh Ministers must”; and

(c) in subsection (4) replace “National Assembly may” with “Welsh Ministers may”.

Education Act 2002 (c. 32)

11 Amend the Education Act 2002 as follows.

12 In the sections mentioned in paragraph 13 replace each reference to “National Assembly for Wales” with “Welsh Ministers”.

13 The sections are 100(6) and (8), 101(3), 102, 103(4), 105(4) and (6), 108(1) to (3), (6), (7) and (11), 111(1), (3), (5) and (6), 114(6) and 118.

14 In section 100(1) replace “The National Assembly for Wales shall exercise its functions” with “The Welsh Ministers shall exercise their functions”.

15 In sections 108(1) and (3) replace each reference to “the Assembly considers” with “the Welsh Ministers consider”.

16 In sections 111(5) and 118 replace “the Assembly” with “the Welsh Ministers”.

17 In section 111(5) replace “specified by it” with “specified by them”.

18 In section 114(6) replace “appears to it” with “appears to them”.

19 In section 117 replace—

(a) “the National Assembly for Wales proposes” with “the Welsh Ministers propose”;

(b) “the Assembly” with “the Welsh Ministers”; and

(c) “the Assembly considers” with “the Welsh Ministers consider”.

20 In section 118 replace—

(a) “it may require” with “they may require”; and

(b) “the Assembly's” with “the Welsh Ministers'”.

Government of Wales Act 2006 (c. 32)

21 Amend the Government of Wales Act 2006 as follows.

22 In Table 2 in paragraph 35 of Schedule 11—

(a) in the “function” column, omit the entries “Section 102 of the Education Act 2002 (c. 32).” and “Section 108(2)(a) of that Act.”;

(b) in the “description” column, omit the entries alongside those omitted from the “function” column by paragraph (a); and

(c) in the “function” column, replace “Section 139(1) of that Act.” with—

“Section 139(1) of the Education Act 2002 (c. 32).”