The Education (Pupil Referral Units) (Management Committees etc.) (Wales) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Pupil Referral Units) (Management Committees etc.) (Wales) Regulations 2014 (“the 2014 Regulations”). The amendment is required as a result of the implementation of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”).

Specifically, these Regulations amend regulation 22 of the 2014 Regulations (delegation of functions) to provide that a local authority must delegate the specified functions to a management committee of a pupil referral unit (“PRU”).

The specified functions are the functions of the governing body under the 2018 Act which, in accordance with paragraph 1 of Schedule 1 to the Education Act 1996 (“the 1996 Act”), are functions of the local authority in relation to a PRU.

Paragraph 15 of Schedule 1 to the 1996 Act provides that regulations may make provision requiring any local authority who maintains a PRU to establish a management committee for the PRU. The regulations may also make provision requiring a committee to discharge such of the authority’s functions in connection with the PRU as are delegated to them by the authority, in accordance with regulations.

The intention is for a management committee to have the same functions under the 2018 Act in relation to a PRU that a governing body does in relation to a maintained school. To ensure that only these functions are captured by the requirement to delegate, the amendment to regulation 22 made by these Regulations refers to governing body functions. This makes sure that no function which has been placed on the local authority directly by the 2018 Act is delegated to a management committee.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.