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The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005

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Determination by the National Assembly

“8A.—(1) After the expiry of the period mentioned in regulation 6, the National Assembly shall determine whether to—

(a)withdraw the proposals,

(b)confirm them without modification; or

(c)confirm them subject to modifications.

(2) In making a determination under paragraph (1), the National Assembly shall have regard to any objections made in accordance with regulation 6 and not withdrawn.

(3) Before confirming the proposals subject to modifications the National Assembly shall consult such persons as it considers appropriate.

(4) A confirmation under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time the National Assembly shall reconsider its determination under paragraph (1).

(5) The National Assembly may withdraw its proposals at any time before a determination is made under this regulation.

(10) In regulation 9—

(a)in paragraph (1) omit “(a) the Council”;

(b)in paragraph (2)(a) insert “National” after the words “appears to the” and for “Council” substitute “National Assembly”;

(c)paragraph (3) is revoked.

(11) In regulation 10—

(a)paragraph (1) is revoked;

(b)in paragraph (2)—

(i)omit “(a) the Council”;

(ii)after “been approved” insert “or confirmed”.

(12) Regulation 13 is revoked.

(13) In regulation 14—

(a)in paragraph (1) for “Council” substitute “National Assembly”;

(b)in paragraph (2) for “Council” substitute “National Assembly” and after “proposals” insert “and any other relevant information”.

(14) In regulation 16(1) for “that approval” substitute “that confirmation”.

(15) In regulation 17 omit “(a) the Council”.

(16) In Schedule 1—

(a)in paragraph 1 for “Council” substitute “National Assembly”;

(b)omit paragraph 12.

(17) In Schedule 2, in paragraph 1 for “Council” substitute “National Assembly”.

(18) Schedule 3 is revoked.

(19) In Schedule 4—

(a)in paragraph 1 after “approved” insert “or confirmed”;

(b)in paragraph 4:

(i)for “Council” substitute “the National Assembly”;

(ii)delete “, having any regard to any guidance issued by the National Assembly,”;

(c)omit paragraph 5;

(d)in paragraph 6 for “the Council” substitute “the National Assembly”.

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