Learner Travel (Wales) Measure 2008

23 Amendments to the Education and Inspections Act 2006

(1) The Education and Inspections Act 2006 is amended as follows.

(2) In section 162 (power to repeal references to “local education authority”), after subsection (5) insert—

“(5A) The Welsh Ministers may by order make such provision as appears to them to be appropriate for the purpose of—

(a) repealing any reference in a Measure of the National Assembly for Wales to a local education authority (however expressed), and

(b) replacing it, where it appears to them to be appropriate, with a reference (however expressed) to a Welsh local authority.”

(3) In section 181—

(a) for subsection (1) substitute—

“(1) Any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.”;

(b) in subsection (2)—

(i) for “the Assembly”, the first time that expression appears, substitute “the Welsh Ministers”,

(ii) for “the Assembly thinks” in paragraph (c) substitute “the Welsh Ministers think”.

(4) After section 182 insert—

“182A Assembly control of orders and regulations

(1) Any statutory instrument containing an order made under section 162(5A) by the Welsh Ministers may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Assembly.

(2) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the Assembly procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Assembly by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.”