Made | 22 November 2005 | ||
Coming into force | 1 April 2006 |
Transfer of Functions of ACCAC to the National Assembly
2.
Subject to article 9, on the transfer date all the functions of ACCAC are transferred to the National Assembly.
Transfer of staff
3.
For the purposes of the Transfer of Undertaking (Protection of Employment) Regulations 1981[2]—
Transfer of property, rights and liabilities
4.
—(1) On the transfer date, all property, rights and liabilities to which ACCAC was entitled or subject immediately before the transfer date are transferred to the National Assembly.
(2) A certificate issued by the National Assembly that any property, rights or liabilities has been transferred by paragraph (1) shall be conclusive evidence of the transfer.
(3) The reference in paragraph (1) to rights and liabilities does not include rights and liabilities under a contract of employment transferred by virtue of article 3.
(4) Paragraph (1) has effect in relation to property, rights and liabilities—
Provision for continuity in the exercise of functions
5.
Anything done by or in relation to ACCAC which has effect immediately before the transfer date shall so far as it is required for continuing its effect on and after the transfer date have effect as if done by or in relation to the National Assembly.
Abolition of ACCAC
6.
On the transfer date ACCAC ceases to exist.
Transitional provisions etc
7.
—(1) Nothing in this Order affects the validity of anything done by or in relation to ACCAC before the transfer date.
(2) There may be continued by or in relation to the National Assembly anything (including legal proceedings) which is in the process of being done by or in relation to ACCAC before the transfer date.
(3) On or after the transfer date so far as is necessary or appropriate, references to ACCAC in any instruments, contracts or legal proceedings are to be treated as references to the National Assembly.
(4) Until the coming into force of section 189 of the Education Act 2002 to the extent that it relates to paragraph 5(5) of Schedule 17 to that Act, section 29 of the Education Act 1997 (functions of ACCAC in relation to curriculum and assessment) shall have effect as if for subsection (4) there was substituted—
Accounts
8.
—(1) The National Assembly must—
(2) The Auditor General for Wales must—
Consequential amendments to Acts and other legislation
9.
—(1) The Acts specified in Schedule 1 are amended in accordance with that Schedule.
(2) The subordinate legislation specified in Schedule 2 is amended in accordance with that Schedule.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3].
D. Elis-Thomas
The Presiding Officer of the National Assembly
22 November 2005
(b) in subsection (2)—
12.
In the heading to section 29, for "Authority" substitute "National Assembly for Wales."
13.
In section 29 (functions of the Authority in relation to curriculum and assessment)—
14.
In the heading to section 30, for "Authority" substitute "National Assembly for Wales".
15.
In section 30 (functions of the Authority in relation to external vocational and academic qualifications)—
(b) after subsection (1) insert—
(c) for subsection (2) substitute—
(d) omit subsection (4).
16.
Omit section 31 (Other functions of the Authority).
17.
In the heading to section 32, for "Authority of their functions" substitute "the National Assembly for Wales of its functions".
18.
In section 32 (supplementary provisions relating to discharge by Authority of their functions)—
(b) in subsection (2)—
(c) in subsection (3)—
(d) in subsection (3A)—
(e) in subsection (4)(b)—
(f) after subsection (4) insert—
19.
In the heading to section 32A, for "Authority" substitute "National Assembly for Wales".
20.
In section 32A (power of authority to give directions)—
(b) in subsection (3) for "the Qualifications, Curriculum and Assessment Authority for Wales" substitute "the National Assembly for Wales."
21.
In section 35 (transfer of staff) in subsection (1)(b)—
22.
In the heading to section 36, for "Authority" substitute "body".
23.
In section 36 (levy on bodies awarding qualifications accredited by relevant Authority)—
(d) in subsection (4)—
24.
Schedule 4 is amended as follows—
(c) in paragraph 15(2) for "the chairman of the Qualifications, Curriculum and Assessment Authority for Wales" substitute "the National Assembly for Wales".
25.
Omit Schedule 5.
Government of Wales Act 1998 (c.38)
26.
The Government of Wales Act 1998 is amended as follows.
27.
In section 118(2) (meaning of "Welsh public records") omit paragraphs (b) and (j).
28.
In Part 1 of Schedule 4 (bodies which may lose or gain functions) omit paragraph 9.
Care Standards Act 2000 (c.14)
29.
In Schedule 2A to the Care Standards Act 2000 (persons subject to review by the Children's Commissioner under section 72B) omit paragraph 18.
Learning and Skills Act 2000 (c.21)
30.
In section 99 of the Learning and Skills Act 2000 (approved qualifications: Wales) omit subsections (7) and (8).
Freedom of Information Act 2000 (c.36)
31.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000, (other public bodies and offices: general) omit "The Qualifications, Curriculum and Assessment Authority for Wales."
Education Act 2002 (c.32)
32.
In section 111 of the Education Act 2002 (development work and experiments)—
(b) in subsection (4) omit "by the Qualifications, Curriculum and Assessment Authority for Wales".
(b) In article 3 for "ACCAC" substitute "the National Assembly".
The Education (Qualifications, Curriculum and Assessment Authority for Wales) (Conferment of Functions) Order 2001 (SI 2001/3907)(W.320)
6.
The Education (Qualifications, Curriculum and Assessment Authority for Wales) (Conferment of Functions) Order 2001 is revoked.
The Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 2002 (SI 2002/45)(W.4)
7.
In the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 1) (Wales) Order 2002:
The Freedom of Information Act 2000 (Commencement No 2) Order 2002 (SI 2002/2812)
8.
In Part 1 of Schedule 1 (other public bodies and offices: general) to the Freedom of Information Act 2000 (Commencement No 2) Order 2002 delete "the Qualifications, Curriculum and Assessment Authority for Wales.".
National Assembly for Wales (Disqualification) Order 2003 (SI 2003/437)
9.
In Part 2 of the Schedule (other disqualifying offices) to the National Assembly for Wales (Disqualification) Order 2003 omit "any member, not being also an employee, of the Qualifications, Curriculum and Assessment Authority for Wales.".
The Education (School Organisation Plans) (Wales) Regulations 2003 (SI 2003/1732)(W.190)
10.
In regulation 5 of the Education (School Organisation Plans) (Wales) Regulations 2003 (publication of draft plan) omit subparagraph (1)(v).
The Education (Individual Pupil Information) (Prescribed Persons) (Wales) Regulations 2004 (SI 2004/549)(W.53)
11.
In regulation 3 of the Education (Individual Pupil Information) (Prescribed Persons) (Wales) Regulations 2004:
The Education (School Performance Information) (Wales) Regulations 2004 (SI 2004/1025)(W.122)
12.
In the Education (School Performance Information) (Wales) Regulations 2004 in regulation 2:
The Education (Pupil Information) (Wales) Regulations 2004 (SI 2004/1026)(W.123)
13.
In regulation 2 of the Education (Pupil Information) (Wales) Regulations 2004:
The National Curriculum (Key Stage 2 Assessment Arrangements) (Wales) Order (SI 2004/2915)(W.254)
14.
In the National Curriculum (Key Stage 2 Assessment Arrangements) (Wales) Order 2004:
The National Curriculum (Key stage 3 Assessment Arrangements) (Wales) Order 2005 (SI 2005/108)
15.
In the National Curriculum (Key stage 3 Assessment Arrangements) (Wales) Order 2005:
[2] S.I. 1981/1794: amended by S.I. 1987/442.back
© Crown copyright 2005