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The Education (Wales) Measure 2009 (Pilot) (Revocation) Regulations 2014

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Welsh Statutory Instruments

2014 No. 3267 (W. 334)

Education, Wales

The Education (Wales) Measure 2009 (Pilot) (Revocation) Regulations 2014

Made

11 December 2014

Laid before the National Assembly for Wales

15 December 2014

Coming into force

5 January 2015

The Welsh Ministers make these Regulations in exercise of the powers conferred on them by sections 17(1) and (2) and 24(2) of the Education (Wales) Measure 2009(1):

Title and commencement

1.  The title of these Regulations is the Education (Wales) Measure 2009 (Pilot) (Revocation) Regulations 2014 and they come into force on 5 January 2015.

Revocation

2.—(1) The Education (Wales) Measure 2009 (Pilot) Regulations 2012(2) are revoked.

(2) Article 4 of the Education (Wales) Measure 2009 (Commencement No. 3 and Transitional Provisions) Order 2012(3) is revoked.

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

11 December 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Education (Wales) Measure 2009 (Pilot) Regulations 2012 (“the 2012 Regulations”) make provision to pilot the provisions of the Education Act 1996 (on special educational needs appeals) and the Equality Act 2010 (on disability discrimination claims) as amended by Part 1 of the Education (Wales) Measure 2009 (“the Measure”). The effect of the 2012 Regulations, combined with the provisions in the Education (Wales) Measure 2009 (Commencement No. 3 and Transitional Provisions) Order 2012 (“the Commencement Order”) is that the amendments made by Part 1 of the Measure to the Education Act 1996 and the Equality Act 2010 apply only for the purposes of piloting in the local authority areas of Carmarthenshire and Wrexham.

The 2012 Regulations applied from 6 March 2012 and provided that they would cease to have effect at the end of 30 June 2015. Regulation 2 of these Regulations revokes the 2012 Regulations in their entirety from the earlier date of 5 January 2015. Regulation 2 also provides that article 4 of the Commencement Order is revoked. This provided for the continued application, to local authorities in Wales not within the pilot, of sections 332A and 332B of the Education Act 1996 as if the amendments to those sections by the Measure were not in force.

The effect of the revocations made by these Regulations is to end the pilot with the result that the amendments to the Education Act 1996 and Equality Act 2010 made by Part 1 of the Measure apply to all local authorities in Wales.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Support for Learners Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2009 nawm 5. Section 17 has been amended by the Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651 (W. 187)), article 11.

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