Commentary on Sections and Schedules Supplementary provisions Section 96: Procedure for making certain orders and regulations
237.This section re-enacts section 368 of the EA 96 in its application to England. It sets out the procedures which must be followed when the Secretary of State proposes to make orders or regulations relating to certain National Curriculum provisions. She must refer her proposal to QCA, which will carry out a consultation on it and report back to the Secretary of State with the results of the consultation and their advice on it. QCA’s report must be published, as must the Secretary of State’s response. The Secretary of State must then publish and consult on a draft of the proposed order or regulations and a statement explaining her reasons if she is failing to give effect to any of QCA’s recommendations. After that consultation period has closed, she may make the order or regulations with or without modifications.