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PART 4MISCELLANEOUS AND GENERAL

Miscellaneous

95Meaning of “in the area” of a local authority

In section 579 of the Education Act 1996 (c. 56)

(a)in subsection (3A), after “Wales” insert “or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018”.

(b)in subsection (3B), after “England” insert “or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014”.

(c)After subsection (3B) insert—

(3C)The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.

General

96Minor and consequential amendments and repeals

Schedule 1 provides for minor and consequential amendments and repeals.

97Power to make consequential and transitional provision etc.

(1)If the Welsh Ministers consider it necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may by regulations make—

(a)any supplementary, incidental or consequential provision, and

(b)any transitory, transitional or saving provision.

(2)Regulations under this section may amend, repeal or revoke any enactment or statutory document.

(3)A statutory document amended by regulations under this section must be published in its amended form by the person having the function of making or issuing the document.

(4)In this section, “statutory document” means an instrument (other than a statutory instrument) that is—

(a)made or issued under an enactment, and

(b)subject to a National Assembly for Wales procedure required by an enactment before it may be made or issued.

98Regulations

(1)A power to make regulations under this Act is to be exercised by statutory instrument.

(2)A power to make regulations under this Act includes power to make—

(a)different provision for different purposes or cases;

(b)incidental, supplementary, consequential, transitory, transitional or saving provision.

(3)A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales—

(a)regulations under section 3(4), 39(2), 45, 46, 60(4), 74(1), 75, 82, 83, 85, 90 or 99(8);

(b)the first regulations made under section 15(2);

(c)regulations made under section 97 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales.

(4)Any other statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

99General interpretation

(1)In this Act—

(2)In the definition of “maintained school” in subsection (1)—

(a)a community, foundation or voluntary school, and

(b)a community or foundation special school,

have the meaning given by the School Standards and Framework Act 1998 (c. 31).

(3)In this Act—

(a)an institution in the further education sector is in Wales if its activities are carried on wholly or mainly in Wales;

(b)an institution in the further education sector is in England if its activities are carried on wholly or mainly in England.

(4)For the purposes of this Act, a local authority is responsible for a child or young person if he or she is in the area of the authority.

(5)A reference in this Act (however expressed) to a child who is looked after by a local authority has the meaning given by section 15.

(6)The Education Act 1996 (“the 1996 Act”) and the preceding provisions of this Act (except so far as they amend other Acts) are to be interpreted as if those provisions were contained in the 1996 Act.

(7)Where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the 1996 Act, that meaning is to apply for the purposes of that provision instead of the one given for the purposes of the 1996 Act.

(8)Regulations may amend the definition of “NHS body” so that it includes a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006.

100Coming into force

(1)This section and sections 1, 97, 98, 99 and 101 come into force on the day after the day on which this Act receives Royal Assent.

(2)Paragraph 5 of Schedule 1 comes into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent.

(3)The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(4)An order under subsection (3) may—

(a)appoint different days for different purposes or cases;

(b)make transitory, transitional or saving provision in connection with the coming into force of a provision of this Act.

101Short title and inclusion as one of the Education Acts

(1)The short title of this Act is the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(2)This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).