The Education (Admission Appeals Arrangements) (Wales) (Coronavirus) (Amendment) (Amendment) Regulations 2021

Welsh Statutory Instruments

2021 No. 996 (W. 232)

Education, Wales

The Education (Admission Appeals Arrangements) (Wales) (Coronavirus) (Amendment) (Amendment) Regulations 2021

Made

6 September 2021

Laid before Senedd Cymru

8 September 2021

Coming into force

29 September 2021

The Welsh Ministers in exercise of the powers conferred on the Secretary of State by sections 94(5) and (5A), 95(3) and (3A) and 138(7) of the Schools Standards and Framework Act 1998(1) and now vested in them(2) make the following Regulations:

Title and commencement

1.  The title of these Regulations is the Education (Admission Appeals Arrangements) (Wales) (Coronavirus) (Amendment) (Amendment) Regulations 2021 and they come into force on 29 September 2021.

Amendment of the Education (Admission Appeals Arrangements) (Wales) (Coronavirus) (Amendment) Regulations 2020

2.—(1) The Education (Admission Appeals Arrangements) (Wales) (Coronavirus) (Amendment) Regulations 2020(3) are amended as follows.

(2) In regulation 1(2)(a), for “30 September 2021” substitute “30 September 2022”.

(3) In regulation 2(2), for “30 September 2021” substitute “30 September 2022”.

(4) In regulation 4(a), for “1 October 2021” substitute “1 October 2022”.

(5) In regulation 4(b), for “30 September 2021” substitute “30 September 2022”.

Jeremy Miles

Minister for Education and Welsh Language, one of the Welsh Ministers

6 September 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Admission Appeals Arrangements) (Wales) (Coronavirus) (Amendment) Regulations 2020 (“the 2020 Regulations”).

The 2020 Regulations amended the Education (Admission Appeals Arrangements) (Wales) Regulations 2005 to allow, in certain circumstances relating to the incidence or transmission of coronavirus,—

(a) appeal panels of two members, and

(b) appeal panels to hold hearings by remote access or to decide appeals on the basis of written information.

Regulation 2(2) of the 2020 Regulations provided that those amendments cease to have effect on 31 January 2021. That date was amended to 30 September 2021 by the Education (Admission Appeals Arrangements) (Wales) (Coronavirus) (Amendment) (Amendment) Regulations 2020.

The main effect of regulation 2 of these Regulations is that the date of 30 September 2021 in the 2020 Regulations is amended to 30 September 2022. This means that the amendments made by the 2020 Regulations continue to have effect until 30 September 2022.

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

(1)

1998 c. 31; see section 142(1) for the definitions of “the Assembly”, “prescribed” and “Regulations”. Subsection (5) of section 94 was substituted, and subsection (5A) was inserted into section 94, by section 50 of the Education Act 2002 (c. 32). Subsection (3) of section 95 was substituted, and subsection (3A) was inserted into section 95, by paragraph 9 of Schedule 4 to the Education Act 2002.

(2)

The functions of the Secretary of State under these sections were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and then to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(3)

S.I. 2020/479 (W. 110), amended by S.I. 2020/1606 (W. 333).