The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010

• “local authority”— has the same meaning as in the Local Government Act 1972, except in the provisions specified in paragraph (b), and 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”.

Police Authority Regulations 2008 (S.I. 2008/630)

79

In regulation 16(2)(a) of the Police Authority Regulations 2008 for “a local education authority” substitute “such a council”.

Metropolitan Police Authority Regulations 2008 (S.I. 2008/631)

80

In regulation 14(2)(a) of the Metropolitan Police Authority Regulations 2008 for “a local education authority” substitute “such a council”.

Employment and Support Allowance Regulations 2008 (S.I. 2008/794)

81

In regulation 131 of the Employment and Support Allowance Regulations 2008, in the definition of “education authority” for “a local education authority as defined in section 212 of the Education Act 2002 (interpretation)” substitute “a local authority as defined in section 579 of the Education Act 1996 (interpretation)”.

Local Government (Structural Changes) (Transitional Arrangements) (No 2) Regulations 2008 (S.I. 2008/2867)

82

• (1) Regulation 25 of the Local Government (Structural Changes) (Transitional Arrangements) (No 2) Regulations 2008 is amended as follows.

• (2) In paragraph (1)(a) for “local education authority” substitute “local authority”.

• (3) In paragraph (3) for “local education authorities” substitute “local authorities”.

• (4) In paragraphs (4) and (5) for “local education authority” substitute “local authority”.

National Child Measurement Programme Regulations 2008 (S.I. 2008/3080)

83

In regulation 2(1) of the National Child Measurement Programme Regulations 2008 for “local education authorities” substitute “local authorities”.

Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/276)

84

• (1) Regulation 3 of the Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009 is amended as follows.

• (2) In paragraphs (1) (in both places where those words occur), (2), (3), (4) and (5) for “local education authority” substitute “local authority”.

• (3) In paragraph (4) for “LEA” substitute “local authority”.

• (4) After paragraph (6) insert—

(7) In this regulation “local authority” has the same meaning as in the Education Act 1996.

Signed

Iain Wright — Parliamentary Under Secretary of State — Department for Children, Schools and Families — 31st March 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: 2006 c.40.

[^f00002]: As read with paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32).

[^f00003]: 1996 c.56; see section 578.

[^f00004]: 1981 c.xvii.

[^f00005]: Section 7 is amended by S.I.1965/621.

[^f00006]: Section 7 is amended by S.I. 2008/1034.

[^f00007]: Regulation 4 was amended by S.I. 1994/3078, 1998/1239 and 20051542.

[^f00008]: Paragraph 5(3) was inserted by S.I. 2006/3409.

[^f00009]: 1970 c.42.

[^f00010]: Regulation 4 was amended by S.I. 2009/1924.

[^f00011]: type=start slip=2010-06-01 time=1276850925807Schedule 6 was amended by S.I.2007/3464.type=end slip=2010-06-01 time=1276850925807

[^f00012]: Regulation 4 was substituted by S.I. 1982/20.

[^f00013]: type=start slip=2010-06-01 time=1276850968651Paragraph (3) was amended by S.I. 1984/1126, S.I. 1988/1894 and S.I. 1998/1672.type=end slip=2010-06-01 time=1276850968651

[^f00014]: Rule 10B was inserted by S.I.1988/952.

[^f00015]: Regulation 14(f) was amended by S.I. 1990/622.

[^f00016]: The definition of “education authority” was amended by S.I. 1996/1944.

[^f00017]: Article 2 was amended by S.I. 2003/2498.

[^f00018]: Paragraphs (3) to (6) of regulation 11 were inserted by S.I. 1994/2280.

[^f00019]: Relevant amending instruments are S.I. 1993/544, 2000/532 and 2000/908.

[^f00020]: Regulation 5(1)(c) was amended by S.I. 2002/546.

[^f00021]: Regulation 8(4)(b) was amended by S.I. 2002/546.

[^f00022]: Appendix 1 was substituted by S.I. 1994/3155.

[^f00023]: Appendix 3 was substituted by S.I. 1992/2067.

[^f00024]: Appendix 1 was substituted by S.I. 1994/3155.

[^f00025]: Regulation 9 was substituted by S.I. 2007/2875.

[^f00026]: Paragraph 4 of the Schedule was substituted by SI 1993/561.

[^f00027]: Regulation 14(1)(u) was inserted by S.I. 2008/3051.

[^f00028]: In regulation 3 paragraph (4) was inserted by S.I. 2000/644 and paragraph (7) amended by S.I. 1999/608; regulation 6 was substituted by S.I. 2006/2216.

[^f00029]: Regulation A3 was inserted by S.I. 1998/2255 type=start slip=2010-06-01 time=1276851090809relevant amendments were made by S.I.2000/665type=end slip=2010-06-01 time=1276851090809, 2002/2431 and 2004/587; regulation B3A was inserted by S.I. 2000/665.

[^f00030]: Regulation B1A was inserted by S.I.2004/587

[^f00031]: Regulation G5 was substituted by S.I. 2006/3122.

[^f00032]: The definition of “Education Action Forum” was inserted by S.I. 1998/2255.

[^f00033]: The definition of “employer” was inserted by S.I. 1998/2255.

[^f00034]: The definition of “Function Provider” was inserted by S.I. 2000/655 and substituted by S.I. 2000/2431.

[^f00035]: Paragraph 2 was amended by S.I. 1999/607 and S.I. 2004/587.

[^f00036]: Paragraph 26 was substituted by S.I. 2004/587.

[^f00037]: The relevant provision in this section of the Schedule was inserted by S.S.I. 2001/211.

[^f00038]: Paragraph 26 was substituted by S.I. 2001/866.

[^f00039]: Paragraph (bba) of Schedule 2 was inserted by S.I. 2003/2704.

[^f00040]: Schedules 1 and 2 were amended by S.I. 2007/2222.

[^f00041]: Schedule 1 was substituted by S.I. 2009/186.

[^f00042]: Regulation 9 was amended by S.I. 2007/57.

[^f00043]: Regulation 3A was inserted by S.I. 2010/622.

[^f00044]: The definition of “employing authority” was substituted by regulation 3 of S.I. 2009/3150.