31st March 2010STATUTORY INSTRUMENTS
The Local Education Authorities and Children's Services Authorities (Integration of Functions) (Local and
Subordinate Legislation) Order 2010 (Extract)
31st March 2010Laid Before Parliament 7th April 2010
Coming into force in accordance with article 1(1)
The Secretary of State for Children, Schools and Families makes this Order in exercise of the powers conferred by section 162 of the Education and Inspections Act 2006 (1).
In accordance with section 162(4) of that Act (2), this Order is made with the consent of the Welsh Ministers.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 and comes into force on the thirty-fifth day after the day on which it is made.
(2) In this Order “education subordinate legislation” means subordinate legislation made wholly under powers in any of the Education Acts (within the meaning of the Education Act 1996 (3) and “non-education subordinate legislation” is to be construed accordingly.
Local Acts
2.—(1) In section 16(d) of the Greater London Council (General Powers) Act 1981(4) for “local education authority” substitute “local authority”.
(2) The local Acts specified in the first column of Schedule 1 are repealed to the extent specified in the second column.
Amendment of education subordinate legislation
3.—(1) This article applies in relation to England.
(2) The education subordinate legislation specified in Schedule 2 is amended in accordance with that Schedule.
(3) In any provision of education subordinate legislation not specified in Schedule 2 (and in the titles of such subordinate legislation)—
(a) for “local education authority” and “LEA” in each place where those words occur substitute “local authority”, and
(b) for “local education authorities” and “LEAs” in each place where those words occur substitute “local authorities”.
Amendment of non-education subordinate legislation
4. The non-education subordinate legislation specified in Schedule 3 is amended in accordance with that Schedule.
Iain Wright
Parliamentary Under Secretary of State,
Department for Children, Schools and Families,
31st March 2010
SCHEDULE 3
Article 4
Amendment of non-education subordinate legislation
Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 (S.I. 2006/2914)
67. In regulation 2(1)(5) of the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006, in paragraph (c) of the definition of “employing authority” for “local education authority” substitute “local authority”.
Local Government Pension Scheme (Administration) Regulations 2008 (S.I. 2008/239)
78.—(1) The Local Government Pension Scheme (Administration) Regulations 2008 are amended as follows.
(2) In regulation 8 for “local education authority” in each place where those words occur substitute “local authority”.
(3) In Schedule 1—
(a) for the definition of “local authority” substitute—
““local authority”—
(a) has the same meaning as in the Local Government Act 1972, except in the provisions specified in paragraph (b), and
(b) in regulation 8, paragraph 4 of Part 2 of Schedule 2 and paragraph 3 of Part 1 of Schedule 4 has the same meaning as in section 579(1) of the Education Act 1996 ;”, and
(b) omit the definition of “local education authority”.
(4) In paragraph 4 of Part 2 of Schedule 2 for “local education authority” substitute “local authority”.
(5) In paragraph 3 of Part 1 of Schedule 4 for “local education authority” substitute “local authority”.
EXPLANATORY NOTE
(This note is not part of the Order)
This order follows on from the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158).
That order repealed the definitions of “local education authority” in section 12 of the Education Act 1996 and “children’s services authority in England” and “children’s services authority in Wales” in section 65 of the Children Act 2004, replaced references to those authorities with a single reference to a local authority in England and in Wales and made various consequential and
connected amendments.
This order makes similar provision for local and subordinate legislation.
Article 2, with Schedule 1, substitutes local education authority for local authority in one item of local legislation and repeals various provisions in local legislation which contain references to a local education authority, where the provision is spent or is no longer of any practical utility.
Article 3 with Schedule 2 amends education subordinate legislation. Schedule 2 contains specific amendments to education subordinate legislation, amendments which substitute local authority for local education authority or children’s services authority and make other consequential or connected amendments. The amendments in Schedule 2 cover provisions where the general amendment in article 3(3) would not produce a satisfactory result. Article 3(3) then applies to any provision not listed in Schedule 2 and contains a general substitution of local authority for local education authority. The majority of references to local education authority are dealt with by article 3(3). This article applies in relation to England only; the Welsh Ministers are making a separate order covering education legislation which applies in relation to Wales.
Article 4, with Schedule 3, makes similar amendments to non education subordinate legislation but all the relevant provisions are individually listed in Schedule 3. Article 4 is not limited to England, but non education subordinate legislation which applies only in relation to Wales is not amended in Schedule 3. Again such legislation is to be covered in a separate order made by the Welsh Ministers.
(1) 2006 c.40. [Back]
(2) As read with paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32). [Back]
(3) 1996 c.56; see section 578. [Back]
(4) 1981 c.xvii. [Back]
(5) The definition of “employing authority” was substituted by regulation 3 of S.I. 2009/3150. [Back]
© Crown copyright 2010