Section 38
Textual Amendments
F1Words in Sch. 7 inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 16(3)
Commencement Information
I1Sch. 7 in force at 12.4.2015, see s. 52(2)(a)
Textual Amendments
F2Sch. 7 renumbered as Sch. 7 Pt. 1 (12.4.2015) by The Counter Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015 (S.I. 2015/928), reg. 2, Sch. 2 para. 2
A Minister of the Crown.
A government department other than an intelligence service.
A local authority (other than a local authority that is a member of the panel in question).
A person carrying out a function of a local authority by virtue of a direction made under section 15 of the Local Government Act 1999.
The governor of a prison in England and Wales (or, in the case of a contracted out prison, its director).
The governor of a young offender institution or secure training centre (or, in the case of a contracted out young offender institution or secure training centre, its director).
The principal of a secure college.
A youth offending team established under section 39 of the Crime and Disorder Act 1998.
A provider of probation services within the meaning given by section 3(6) of the Offender Management Act 2007.
A sixth form college corporation within the meaning given by section 90(1) of the Further and Higher Education Act 1992.
The governing body of an institution within the further education sector within the meaning given by section 91(3) of that Act.
A person who is authorised by virtue of an order made under section 70 of the Deregulation and Contracting Out Act 1994 to exercise a function specified in Schedule 36A to the Education Act 1996.
A person with whom arrangements have been made for the provision of education under section 19 [F1or 19A] of the Education Act 1996 or section 100 of the Education and Inspections Act 2006 (cases of illness, exclusion etc).
The proprietor of—
a school that has been approved under section 342 of the Education Act 1996,
a maintained school within the meaning given by section 20(7) of the School Standards and Framework Act 1998,
a maintained nursery school within the meaning given by section 22(9) of that Act,
an independent school registered under section 158 of the Education Act 2002,
an independent educational institution registered under section 95(1) of the Education and Skills Act 2008,
a 16 to 19 Academy within the meaning given by section 1B of the Academies Act 2010,
an alternative provision Academy within the meaning given by section 1C of that Act, or
a special post-16 institution within the meaning given by section 83(2) of the Children and Families Act 2014.
A person who is specified or nominated in a direction made in relation to the exercise of a local authority's functions given by the Secretary of State under section 497A of the Education Act 1996 (including that section as applied by section 50 of the Children Act 2004 or section 15 of the Childcare Act 2006).
A person registered under Part 2 of the Care Standards Act 2000 in respect of—
a children's home as defined in section 1 of that Act,
a residential family centre as defined in section 4 of that Act,
a fostering agency as defined in that section, or
a holiday scheme for disabled children, within the meaning of the Registered Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394).
[F3A person registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) in respect of—
each of which have the same meaning as in Schedule 1 to that Act.]
The governing body of a qualifying institution within the meaning given by section 11 of the Higher Education Act 2004.
A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare Act 2006 or under section 20 of the Children and Families (Wales) Measure 2010 (nawm 1).
A body corporate with which a local authority has entered into arrangements under Part 1 of the Children and Young Persons Act 2008.
A person who is specified in a direction made in relation to the exercise of a local authority's functions given by the Welsh Ministers under section 25 of the School Standards and Organisation (Wales) Act 2013 (anaw 1) (including that section as applied by section 50A of the Children Act 2004 or section 29 of the Childcare Act 2006).
The governing body of an educational establishment maintained by a local authority in Wales.
The governing body or proprietor of an institution (not otherwise listed) at which more than 250 students, excluding students undertaking distance learning courses, are undertaking—
courses in preparation for examinations related to qualifications regulated by the Office of Qualifications and Examinations [F6, or to qualifications awarded by bodies in respect of the award of which they are recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;]
courses of a description mentioned in Schedule 6 to the Education Reform Act 1988 (higher education courses).
Textual Amendments
F3Words in Sch. 7 Pt. 1 inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 55
F4Word in Sch. 7 Pt. 1 omitted (29.4.2019) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 33(2)(a)
F5Words in Sch. 7 Pt. 1 inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 33(2)(b)
F6Words in Sch. 7 substituted (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 11(4); S.I. 2015/1687, art. 2 (with arts. 3-12)
[F7An integrated care board established under section 14Z25] of the National Health Service Act 2006.
An NHS Trust established under section 25 of the National Health Service Act 2006.
An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
An NHS trust established under section 18 of the National Health Service (Wales) Act 2006.
Textual Amendments
F7Words in Sch. 7 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 227; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
A chief officer of police for a police area in England and Wales (other than a chief officer who is a member of the panel in question).
Textual Amendments
The governor of a prison in Scotland (or, in the case of a contracted out prison, its director).
The governor of a young offenders institution (or, in the case of a contracted out young offenders institution, its director).
The proprietor or governing body of an independent school within the meaning given by section 135(1) of the Education (Scotland) Act 1980.
The proprietor or governing body of a grant-aided school within the meaning given by that section.
The proprietor or governing body of a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005.
A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978.
A Special Health Board constituted under section 2(1)(b) of that Act.
Healthcare Improvement Scotland.]