Education Reform Act 1988

21 Procedure for making certain orders: Wales. E+W

(1) This section applies where the Secretary of State proposes to make—

(a) an order under section 3(4) or 4(2)(a) or (b) of this Act which relates to maintained schools in Wales; or

(b) regulations under section 17 of this Act which relate to such schools or to pupils at such schools.

[F1 (2) The Secretary of State shall refer the proposal to the [F2 the Curriculum and Assessment Authority for Wales] (in this section referred to as [F3 the Authority]) and give to it directions as to the time within which it is to report to him.

(3) [F3 The Authority] shall give notice of the proposal—

(a) to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to it to be concerned; and

(b) to any other persons with whom consultation appears to it to be desirable;

and afford them a reasonable opportunity of submitting evidence and representations as to the issues arising.

(3A) The report of [F3 the Authority] to the Secretary of State shall contain—

(a) a summary of the views expressed during the consultations;

(b) its recommendations as to the proposal; and

(c) such other advice relating to the proposal as it thinks fit;

and [F3 the Authority] shall, after submitting its report to the Secretary of State, arrange for the report to be published.

(3B) Where [F3 the Authority] has reported to the Secretary of State, he shall—

(a) publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education—

(i) a draft of the proposed order or regulations and any associated document; and

(ii) a statement explaining his reasons for any failure to give effect to the recommendations of [F3 the Authority];

(b) send copies of the documents mentioned in paragraph (a) above to [F3 the Authority] and to each of the persons consulted by [F3 the Authority]; and

(c) allow a period of not less than one month for the submission of evidence and representations with respect to the issues arising.]

(4) When the period so allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.

Textual Amendments

F1 S. 21(2)(3)(3A)(3B) substituted for s. 21(2)(3) (1.10.1993) by 1993 c. 35, s. 243; S.I. 1993/1975, art. 9, sch. 1

F2 Words in s. 21(2) substituted (1.4.1994) by 1993 c. 35, s. 253, Sch. 15 para. 4(5)(a); S.I. 1994/507, art. 4(1), Sch.2.

F3 Words in s. 21 substituted (1.4.1994) by 1993 c. 35, s. 253, Sch. 15 para. 4(5)(b); S.I. 1994/507, art. 4(1), Sch.2.

Modifications etc. (not altering text)

C1 S. 21 excluded (1.10.1993) by 1993 c. 35, s. 242(1)(b); S.I. 1993/1975, art. 9, Sch. 1

S. 21 restricted (1.9.1994) by 1993 c. 35, s. 241(4); S.I. 1994/2038, art. 3(1), Sch.2.

C2 Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.