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The Local Education Authority (Behaviour Support Plans) (Amendment) (Wales) Regulations 2001

Type Welsh-Statutory-Instrument

Publication 2001-02-27

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 27th February 2001

Coming into force: 1st April 2001

In exercise of the powers conferred on the Secretary of State by sections 527A(4) and (5) and 569(4) and (5) of the Education Act 1996[^f00001] and now vested in the National Assembly for Wales[^f00002], the National Assembly for Wales hereby makes the following Regulations:

Citation, commencement and application

1

(1) These Regulations are called the Local Education Authority (Behaviour Support Plans) (Amendment) (Wales) Regulations 2001 and shall come into force on 1st April 2001.

(2) These Regulations apply only in Wales.

Amendment of Regulations

2

In regulation 3 (consultation) of the Local Education Authority (Behaviour Support Plans) Regulations 1998[^f00003] —

(i) In paragraph (2)(n) for the words “clerk to the justices” there shall be substituted the words “justices' chief executive”; and

(ii) Paragraph (5) shall be deleted.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00004]

D Elis Thomas — The Presiding Officer of the National Assembly — 27th February 2001

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Local Education Authority (Behaviour Support Plans) Regulations 1998 in relation to Wales to transfer the administrative functions of justices' clerks to justices' chief executives in accordance with section 90 of, and Schedule 13 to, the Access to Justice Act 1999 (c. 22).

Subsection (5) of that section provides that for the purposes of that section the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices of the Peace Act 1997 (c. 25), as substituted by section 89(1) of the 1999 Act.

Footnotes

[^f00001]: 1996 c. 56. Section 527A is inserted by section 9 of the Education Act 1997 (c. 44) and there are subsequent amendments not relevant to the present Regulations. For the meaning of “prescribed” see section 579(1) of the 1996 Act.

[^f00002]: See the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

[^f00003]: S.I. 1998/644.

[^f00004]: 1998 c. 38.

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