Regulation 6
ScheduleModification of provisions in the 2009 Act in their application to the Local Authority
schedule paragraph 1 1. All references to provisions in this Schedule are to provisions in the 2009 Act.
schedule paragraph 2 2. Section 86 has effect as if—
schedule paragraph 2 a (a)in subsection (1), for each reference to “Secretary of State” there were substituted “Local Authority”,
schedule paragraph 2 b (b)subsection (1)(b) were omitted but not “and” at the end,
schedule paragraph 2 c (c)in subsection (1)(c), for “paragraphs (a) and (b)”, there were substituted “paragraph (a)”,
schedule paragraph 2 d (d)in subsection (5), the words “(except so far as relating to facilities for persons subject to adult detention)” were omitted,
schedule paragraph 2 e (e)in subsection (6), in the definition of “training”, paragraph (c) were omitted; and
schedule paragraph 2 f (f)in subsection (7), the words “or (b)” were omitted.
schedule paragraph 3 3. Section 87 has effect as if for each reference to “Secretary of State”, there were substituted “Local Authority”.
schedule paragraph 4 4. Section 88 has effect as if in subsections (1), (2)(b), (2A), (3), (4)(b) and (6)(a) for each reference to “Secretary of State”, there were substituted “Local Authority”.
schedule paragraph 5 5. Section 90 has effect as if—
schedule paragraph 5 a (a)in subsection (1), for the first reference to “Secretary of State”, there were substituted “Local Authority”,
schedule paragraph 5 b (b)in subsection (1)(a), for “section 86(1)(a) and (b)”, there were substituted “section 86(1)(a)”, and
schedule paragraph 5 c (c)in subsection (1)(a), (b) and (c) for each reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”.
schedule paragraph 6 6. Section 100 has effect as if—
schedule paragraph 6 a (a)in subsection (1), for the reference to “Secretary of State”, there were substituted “Local Authority”,
schedule paragraph 6 b (b)in subsection (1)(a), for the reference to “Secretary of State’s remit” there were substituted “Local Authority’s remit”,
schedule paragraph 6 c (c)in subsection (1B), for the reference to “Secretary of State” there were substituted “Local Authority”,
schedule paragraph 6 d (d)in subsection (3), for each reference to “Secretary of State” there were substituted “Local Authority”, and
schedule paragraph 6 e (e)in subsection (4), for the reference to “Secretary of State” there were substituted “Local Authority”.
schedule paragraph 7 7. Section 101(1) has effect as if for each reference to “Secretary of State” there were substituted “Local Authority”.
schedule paragraph 8 8. Section 103(2) has effect as if—
schedule paragraph 8 a (a)for the reference to “Secretary of State” there were substituted “Local Authority”, and
schedule paragraph 8 b (b)the words “or (1A)” were omitted.
schedule paragraph 9 9. Section 115(3) has effect as if—
schedule paragraph 9 a (a)for the reference to “Secretary of State”, there were substituted “Local Authority”,
schedule paragraph 9 b (b)in subsection (2)(a), the word “, and” were omitted, and
schedule paragraph 9 c (c)in subsection (2), paragraph (b) were omitted.
schedule paragraph 10 10. Section 121(4) has effect as if—
schedule paragraph 10 a (a)in subsection (1), there were inserted at the appropriate place—
term local authority ““Local Authority” means Cornwall Council;”,
schedule paragraph 10 b (b)in subsection (2)—
schedule paragraph 10 b i (i)for the reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”, and
schedule paragraph 10 b ii (ii)in paragraph (a), the words “or (b)” were omitted, and
schedule paragraph 10 c (c)in subsection (3)—
schedule paragraph 10 c i (i)for the reference to “Secretary of State’s remit”, there were substituted “Local Authority’s remit”, and
schedule paragraph 10 c ii (ii)paragraphs (a) and (aa) were omitted.
Section 101 was amended by paragraph 3 of Schedule 1 and paragraph 14 of Schedule 14 to the Deregulation Act 2015; and section 2 of the Education and Training (Welfare of Children) Act 2021 (c. 16).
Section 103 was amended by paragraph 4 of Schedule 1 and paragraph 16 of Schedule 14 to the Deregulation Act 2015.
Section 115 was amended by paragraph 23 of Schedule 14 to the Deregulation Act 2015 and paragraph 93 of Schedule 3 to the Children and Families Act 2014.
Section 121 was amended by paragraph 12 of Schedule 18 to the Education Act 2011; paragraph 22 of Schedule 1, and paragraph 27 of Schedule 14 to the Deregulation Act 2015; paragraph 30 of Schedule 1 to the Technical and Further Education Act 2017 and section 22 of the Skills and Post-16 Education Act 2022.