The Education Act 2002 (Commencement No. 10 and Transitional Provisions) (Wales) Order 2006

Made: 16 May 2006

The National Assembly for Wales, in exercise of the power conferred upon it by section 216 (4)(b) and (5) of the Education Act 2002[^f00001], hereby makes the following Order:

Title, application and interpretation

1

The title of this Order is the Education Act 2002 (Commencement No. 10 and Transitional Provisions) (Wales) Order 2006.

2

Provisions brought into force by this Order are brought into force in relation to Wales.

3

In this Order, unless otherwise stated, references to sections and Schedules are references to sections of, and Schedules to, the Education Act 2002.

Appointed day

4

• (1) The day appointed for the coming into force of the provisions specified in Part 1 of the Schedule to this Order is 31 May 2006.

• (2) Part 2 of that Schedule (Transitional provision) applies.

THE SCHEDULE

Part 1 — Provisions coming into force on 31 May 2006

Part 2 — Transitional provision

Until paragraph 3(5) of Schedule 12 is brought fully into force in relation to Wales, the new section 3(3B) of the Teaching and Higher Education Act 1998 (the insertion of which by paragraph 3(5) of Schedule 12 is brought into force by this Order) is to have effect as though the words “provisional registration or full” were omitted, and is if for the words “relevant time” there were substituted the words “time of registration”.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00002].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 16 May 2006

Explanatory note

(This note is not part of the Order)

This Order brings into force (on 31 May 2006), in relation to Wales, the provisions of Schedule 12 to the Education Act 2002 specified in the Schedule to the Order. Schedule 12 amends sections 3 and 4 of the Teaching and Higher Education Act 1998. Those sections apply to the General Teaching Council for England and, by virtue of section 9 of that Act, to the General Teaching Council for Wales. The main effect of the amendments brought into force by this Order is that the General Teaching Council for Wales, when considering an application for registration, will be able to reject the application if it is not satisfied as to the applicants suitability to be a teacher. The provisions brought into force also–

• confer on the National Assembly for Wales the power to make regulations providing that any prescribed description of person is, or is not, to be taken to be suitable to be a teacher;

• enable such regulations to provide for applicants for registration with the General Teaching Council for Wales whose applications are rejected on the new suitability ground to have a right of appeal against the Council's decision;

• enable such regulations to provide for applicants for registration with the General Teaching Council for Wales to be notified of the Council's decision and of their right to appeal.

Footnotes

[^f00001]: 2002 c. 32.

[^f00002]: 1998 c. 38.