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The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Wales) Order 2010

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Welsh Statutory Instruments

2010 No. 1148 (W.103)

EDUCATION, WALES

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Wales) Order 2010

Made

31 March 2010

Coming into force in accordance with article 1

The Welsh Ministers make this Order in the exercise of the powers conferred by sections 162(5A) and 181(2) of the Education and Inspections Act 2006(1).

A draft of this Order has been laid before, and approved by resolution of, the National Assembly for Wales(2).

Title and commencement

1.  The title of this Order is the Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Wales) Order 2010 and it comes into force on the thirty-fifth day after the day on which it is made.

Amendment of Learner Travel (Wales) Measure 2008

2.  In section 24(1) of the Learner Travel (Wales) Measure 2008(3) in the definition of “local authority” for “local education authority” substitute “local authority”.

Amendment of Learning and Skills (Wales) Measure 2009

3.  (1)  The Learning and Skills (Wales) Measure 2009(4) is amended as follows.

(2) For “local education authority” in each place where those words occur (including in the new provisions being inserted into the Learning and Skills Act 2000) substitute “local authority”.

(3) In section 44 at the appropriate place insert—

  • “local authority in Wales” (“awdurdod lleol yng Nghymru”) has the meaning given by section 579(1) of the Education Act 1996;.

Amendment of Healthy Eating in Schools (Wales) Measure 2009

4.  (1)  The Healthy Eating in Schools (Wales) Measure 2009(5) is amended as follows.

(2) In sections 7 and 8 for “local education authority” in each place where those words occur substitute “local authority”.

(3) In section 11 for the definition of “local authority” substitute the following—

  • “local authority” (“awdurdod lleol”) means a local authority in Wales within the meaning of section 579(1) of the Education Act 1996;.

Amendment of Education (Wales) Measure 2009

5.  (1)  The Education (Wales) Measure 2009(6) is amended as follows.

(2) For “local education authority” in each place where those words occur (including in the new provisions being inserted into the Education Act 1996 and into the Disability Discrimination Act 1995) substitute “local authority”.

(3) In section 10 add after subsection (5) of the new section 28IB of the Disability Discrimination Act 1995 the following—

(6) In this section, sections 28IC, 28ID and 28IE “local authority” has the meaning given by section 579(1) of the Education Act 1996..

(4) In section 19(1) for “local education authorities” substitute “local authorities”.

Amendment of Children and Families (Wales) Measure 2010

6.  (1)  The Children and Families (Wales) Measure 2010(7) is amended as follows.

(2) Omit the words “(children’s services authorities)” in the heading to section 4.

(3) In section 4 for “children’s services authority” in each place where those words occur substitute “local authority”.

Leighton Andrews

Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers

31 March 2010

Explanatory Note

(This note is not part of the Order)

This Order replaces references to local education authorities and children’s services authorities with references to local authorities in provisions of the Learner Travel (Wales) Measure 2008, the Learning and Skills (Wales) Measure 2009, the Healthy Eating in Schools (Wales) Measure 2009, the Education (Wales) Measure 2009 and the Children and Families (Wales) Measure 2010.

The integration within local authorities of children’s social services departments and education departments is reflected by this change to the use of the term local authority (rather than having the two terms, local education authority and children’s services authority to cover the same body).Corresponding amendments are made to provisions of Acts that apply to both Wales and England in the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010, made by the Secretary of State.

(1)

2006 c. 40. Section 162(5A) was inserted and section 181(2) was amended by section 23 of the Learner Travel (Wales) Measure 2008 (nawm 2), and section 162(5A) was amended by paragraph 11 of the Schedule to the Education (Wales) Measure 2009 (nawm 5) and by paragraph 20 of Schedule 1 to the Children and Families (Wales) Measure 2010 (nawm 1).

(2)

In accordance with section 182A(1) of the Education and Inspections Act 2006.

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