Children’s Wellbeing and Schools Act 2026
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Change 1
Schedule 1 Relevant authorities
Section 23 Part 2 Power to modify Part 1 15 (1) The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by— (a) adding a person or description of persons, (b) removing an entry listed in it, or (c) varying an entry listed in it. (2) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. 16 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature. (2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature. 17 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description— (a) exercises devolved functions only, or (b) exercises any devolved functions, unless the entry for that person or description of persons provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions. (2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1— (a) so that it relates to a person who exercises devolved functions only, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions only, or (b) so that it relates to a person who exercises devolved functions, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions, unless the entry provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions. (3) In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of— (a) the Scottish Parliament, if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998), (b) Senedd Cymru, if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006), or (c) the Northern Ireland Assembly, if it were contained in an Act of the Assembly, where the Bill for that Act would not require the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
Schedule 1 Relevant authorities
Section 23 Part 2 Power to modify Part 1 15 (1) The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by— (a) adding a person or description of persons, (b) removing an entry listed in it, or (c) varying an entry listed in it. (2) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. 16 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature. (2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature. 17 (1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description— (a) exercises devolved functions only, or (b) exercises any devolved functions, unless the entry for that person or description of persons provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions. (2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1— (a) so that it relates to a person who exercises devolved functions only, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions only, or (b) so that it relates to a person who exercises devolved functions, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions, unless the entry provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions. (3) In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of— (a) the Scottish Parliament, if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998), (b) Senedd Cymru, if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006), or (c) the Northern Ireland Assembly, if it were contained in an Act of the Assembly, where the Bill for that Act would not require the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
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