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Education and Inspections Act 2006

Section 179: Restrictions on framework power conferred by section 178

706.This section places restrictions on section 178.

707.Subsection (1) places a number of restrictions on the National Assembly for Wales in exercising its power under section 178. The Assembly cannot:

  • make any provision imposing or increasing taxation;

  • give any of the provisions in the regulations retrospective effect;

  • sub-delegate the power to legislate;

  • create any new criminal offence, other than summary offences in relation to the matters mentioned in section 178(1)(e);

  • make provision extending otherwise than to England and Wales; or

  • make any provision which applies to England, without the consent of the Secretary of State.

708.Subsection (2) authorises the modification of existing delegated powers to legislate despite the restriction on the sub-delegation of power in subsection (1)(c). Subsection (3) provides that a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning ofsubsection (1)(c). Subsection (4) authorises the modification of existing offences despite the restriction on the creation of new offences in paragraphs (d) and (e) of subsection (1). Subsections (5) and (6) place restrictions on the powers in subsections (1)(e) and (1)(h) of section 178 so that the consent of the Secretary of State is required before the Assembly can make regulations about the specified matters (which are the general responsibility of the Home Office in relation to Wales).Subsection (7) places a restriction on the power conferred on the National Assembly by subsection (1)(i) the effect of which is that it cannot make regulations about matters for which the Department for Transport is currently responsible in relation to Wales.

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