2017 No. 965 (W. 248)

Education, Wales

The Education (Hazardous Equipment in Schools) (Removal of Restrictions on Use) (Wales) Regulations 2017

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers in exercise of the powers in sections 347(2), 544(2), 546 and 569(4) and (5) of the Education Act 19961, and in sections 203(3) and 210(1) of the Education Act 20022, and now exercisable by them make the following Regulations:

Title, commencement and applicationI11

1

The title of these Regulations is the Education (Hazardous Equipment in Schools) (Removal of Restrictions on Use) (Wales) Regulations 2017.

2

These Regulations come into force on 1 November 2017.

3

These Regulations apply in relation to Wales.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.11.2017, see reg. 1(2)

RevocationI22

The following Regulations are revoked—

a

the Education (Schools and Further and Higher Education) Regulations 19893; and

b

the Education (Schools and Further and Higher Education) (Amendment) (Wales) Regulations 20014.

Annotations:
Commencement Information
I2

Reg. 2 in force at 1.11.2017, see reg. 1(2)

Amendment of the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994I33

In Schedule 1 to the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 19945 omit paragraph 7.

Annotations:
Commencement Information
I3

Reg. 3 in force at 1.11.2017, see reg. 1(2)

Kirsty WilliamsCabinet Secretary for Education, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the Education (Schools and Further and Higher Education) Regulations 1989 (“the 1989 Regulations”) (regulation 2). This removes the requirement in the 1989 Regulations—

a

for maintained schools, non maintained schools and further education institutions to obtain the Welsh Ministers approval before using for the purposes of instruction certain radioactive substances and certain apparatus (“the Requirement”); and

b

for hostels for pupils with special educational needs to be inspected. There are no longer any such hostels in Wales and the requirement for inspection is therefore redundant.

The Requirement also applied to higher education institutions. However, following the repeal of section 218(1)(e), (f) and (7) of the Education Reform Act 1988 by Part 3 of Schedule 2 to the Education Act 2002 the Requirement no longer applies to higher education institutions.

These Regulations also remove the requirement in the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 for independent schools approved under section 347 of the Education Act 1996 to notify the Welsh Ministers in writing before using such substances and apparatus for the purposes of instruction (regulation 3).

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.