Education Act 2011

45Complaints: repeal of power to complain to Local CommissionerE+W

This section has no associated Explanatory Notes

(1)Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are repealed.

(2)In consequence of subsection (1)—

(a)in section 409 of EA 1996 (complaints and enforcement: maintained schools)—

(i)in subsection (1), after “authority” insert “ in Wales ” and after “schools” insert “ in Wales ”;

(ii)in subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”;

(iii)in the heading, after “schools” insert “ in Wales ”;

(b)in section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions), omit subsections (3) and (4);

(c)in section 497 of EA 1996 (Secretary of State's general default powers), omit subsections (4) and (5);

(d)in paragraph 6 of Schedule 1 (pupil referral units: complaints)—

(i)in sub-paragraph (3), after “local authority” insert “ in Wales ” and after “unit” insert “ in Wales ”;

(ii)in sub-paragraph (4), for “Secretary of State” substitute “ Welsh Ministers ”, after “any local authority” and “a local authority” insert insert “ in Wales ”, and after “pupil referral unit” insert “ in Wales ”;

(e)in paragraph 1 of Schedule 4 to the Local Government Act 1974 (disqualifications from acting as Local Commissioner or investigating complaint), omit sub-paragraphs (2C) and (2D);

(f)in section 262(6) of ASCLA 2009 (statutory instruments subject to affirmative procedure), omit paragraph (f);

(g)in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7 (complaints);

(h)section 22 of CSFA 2010 (amendments of sections 207 and 216 of ASCLA 2009) is repealed.

Commencement Information

I1S. 45 in force at 1.8.2012 by S.I. 2012/1087, art. 2 (with art. 6)