Schedules

Section 23

Schedule 1 U.K. Relevant authorities

Prospective

Part 1 U.K. List of relevant authorities

1 U.K. The Secretary of State.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 78(5)

2 U.K. The Lord Chancellor.

Commencement Information

I2 Sch. 1 para. 2 not in force at Royal Assent, see s. 78(5)

3 (1) The governing body of a maintained school in England. U.K.

(2) In sub-paragraph (1), “maintained school” has the meaning given by section 39(1) of the Education Act 2002.

Commencement Information

I3 Sch. 1 para. 3 not in force at Royal Assent, see s. 78(5)

4 (1) The proprietor of a non-maintained special school in England. U.K.

(2) In sub-paragraph (1)—

(a) “non-maintained special school” has the meaning given by section 337A of the Education Act 1996;

(b) “proprietor” has the meaning given by section 579(1) of that Act.

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 78(5)

5 (1) The proprietor of— U.K.

(a) an Academy (as defined by section 579(1) of the Education Act 1996),

(b) a city technology college, or

(c) a city college for the technology of the arts.

(2) In sub-paragraph (1), “proprietor” has the meaning given by section 579(1) of the Education Act 1996.

Commencement Information

I5 Sch. 1 para. 5 not in force at Royal Assent, see s. 78(5)

6 (1) The governing body of an institution in England within the further education sector. U.K.

(2) In sub-paragraph (1)—

(a) “institution within the further education sector” has the meaning given by section 91(3) of the Further and Higher Education Act 1992;

(b) “governing body” has the meaning given by section 90(1) of that Act.

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 78(5)

7 (1) The proprietor of a special post-16 institution in England in relation to which an approval under section 41(3) of the Children and Families Act 2014 has effect. U.K.

(2) In sub-paragraph (1), “proprietor” and “special post-16 institution” have the meaning given by section 83(2) of the Children and Families Act 2014.

Commencement Information

I7 Sch. 1 para. 7 not in force at Royal Assent, see s. 78(5)

8 U.K. His Majesty’s Chief Inspector of Education, Children’s Services and Skills.

Commencement Information

I8 Sch. 1 para. 8 not in force at Royal Assent, see s. 78(5)

9 U.K. NHS England.

Commencement Information

I9 Sch. 1 para. 9 not in force at Royal Assent, see s. 78(5)

10 U.K. An integrated care board established under section 14Z25 of the National Health Service Act 2006.

Commencement Information

I10 Sch. 1 para. 10 not in force at Royal Assent, see s. 78(5)

11 U.K. An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

Commencement Information

I11 Sch. 1 para. 11 not in force at Royal Assent, see s. 78(5)

12 U.K. An NHS trust established under section 25 of the National Health Service Act 2006.

Commencement Information

I12 Sch. 1 para. 12 not in force at Royal Assent, see s. 78(5)

13 U.K. The Care Quality Commission.

Commencement Information

I13 Sch. 1 para. 13 not in force at Royal Assent, see s. 78(5)

14 U.K. The Youth Justice Board for England and Wales.

Commencement Information

I14 Sch. 1 para. 14 not in force at Royal Assent, see s. 78(5)

Part 2 U.K. Power to modify Part 1

15 (1) The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by— U.K.

(a) adding a person or description of persons,

(b) removing an entry listed in it, or

(c) varying an entry listed in it.

(2) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Commencement Information

I15 Sch. 1 para. 15 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)

16 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature. U.K.

(2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature.

Commencement Information

I16 Sch. 1 para. 16 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)

17 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description— U.K.

(a) exercises devolved functions only, or

(b) exercises any devolved functions, unless the entry for that person or description of persons provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.

(2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1—

(a) so that it relates to a person who exercises devolved functions only, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions only, or

(b) so that it relates to a person who exercises devolved functions, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions, unless the entry provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.

(3) In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of—

(a) the Scottish Parliament, if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998),

(b) Senedd Cymru, if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006), or

(c) the Northern Ireland Assembly, if it were contained in an Act of the Assembly, where the Bill for that Act would not require the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

Commencement Information

I17 Sch. 1 para. 17 in force at Royal Assent for specified purposes, see s. 78(1)(a)(5)