LegalizeThe Education Act 2002 (Commencement No. 11 and Transitional and Savings Provisions) (Wales) Order 2007
Made: 20 December 2007
The Welsh Ministers, in exercise of the power conferred upon the National Assembly for Wales by section 216(4)(b) and (5) of the Education Act 2002[^f00001] and now vested in them[^f00002], make the following Order:
Title, application and interpretation
1
The title of this Order is the Education Act 2002 (Commencement No. 11 and Transitional and Savings Provisions) (Wales) Order 2007.
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 days
4
- (1) The day appointed for the coming into force of the provisions specified in Part 1 of the Schedule to this Order is 2 January 2008.
- (2) The day appointed for the coming into force of the provisions specified in Part 2 of the Schedule to this Order is 31 March 2008.
Transitional and savings provisions
5
Part 3 of the Schedule to this Order (Transitional and savings provisions) applies.
THE SCHEDULE
PART 1 — Provisions coming into force on 2 January 2008
| Provision | Subject matter |
|---|---|
| Section 18(1) | Repeal of grant making powers |
| Section 26 | Collaboration between schools |
| Section 31 for the purpose of making regulations | Control of school premises |
| Section 38 | Communication with schools |
| Sections 57 to 59 | Interim executive members |
| Section 75 fully | School reorganisation |
| Section 146 fully | Repeal of sections 218 and 218A of Education Reform Act 1988 |
| Section 151(1) | Childcare functions |
| Section 152 fully | Regulation of child minding and day care |
| Section 178(2) | Training and education in the workplace |
| Section 187 | Education action zones |
| Section 215 in so far as it relates to the provisions of Schedules 21 and 22 below | Minor and consequential amendments and repeals |
| Schedule 6 | Interim executive members |
| Schedule 10 fully | School reorganisation |
| Schedule 13, paragraph 4 | Child minding and day care |
| Schedule 15 | Education action zones |
| Schedule 21, paragraphs 3, 5, 6, 7, 10, 15, 55, 69, 71, 79, 80, 82, 84, 90, 111, 115 (5)(b), 124(1) and (2), 126(3) fully | Consequential and minor amendments |
| In Part 3 of Schedule 22, the repeals of — | Repeals |
| Education Act 1967 | |
| Sex Discrimination Act 1975, in Schedule 2, paragraph 4. | |
| Education (Fees and Awards) Act 1983, section 1(6). | |
| Education Act 1986, section 1(1)(b) and the word “and” immediately preceding it; sections 2 to 4. | |
| Education Reform Act 1988, sections 160, 210, 211, 218 (fully). | |
| Environment Protection Act 1990, section 98(2)(c)(ii). | |
| Further and Higher Education Act 1992, in section 37, subsection (1)(b) and the word “or” immediately preceding it and subsections (8)(a) and (9), in Schedule 8, paragraphs 46, 47, 49, 83. | |
| Education Act 1994, in Schedule 2, paragraph 8(4). | |
| Nursery Education and Grant Maintained Schools Act 1996. | |
| Education Act 1996, in section 318, in subsection (3A) paragraph (b) and the word “or” immediately preceding it, in section 484, in subsection (2) the words “England and” and subsection (6), sections 486 to 488, section 491, in section 509A(5)(b), sub-paragraph (ii) and the word “or” immediately preceding it, in section 545(2)(a), the words “or section 218(7) of the Education Reform Act 1988”, in section 548(8), in paragraph (b), sub-paragraph (ii) and the word “or” preceding that sub-paragraph, in section 578, the entries relating to the Education Act 1967 and the Nursery Education and Grant Maintained Schools Act 1996, in Schedule 37, paragraph 13, paragraphs 76 and 131. | |
| Education Act 1997, section 49 (fully), in Schedule 7, paragraphs 8, 14, 27, 28. | |
| Teaching and Higher Education Act 1998, sections 10, 11, 13, 18, in Schedule 3, paragraph 5. | |
| School Standards and Framework Act 1998, sections 3, 10(3) and (7), in section 11, in subsection (2) the words from “and” to the end, and subsection (3), in Schedule 4, paragraph 5(4)(e), in Schedule 26, in paragraph 1, sub-paragraph (1)(c) and the word “or” preceding it, in Schedule 30, paragraphs 14, 17, 56, in paragraph 74 sub-paragraphs (2) and (3) and in sub-paragraph (4) paragraph (b) and the word “and” preceding it, paragraphs 85 to 90. | |
| Learning and Skills Act 2000, in Schedule 9, paragraphs 18, 58, in paragraph 59, sub-paragraph (7)(b) and (c) and (8), and paragraph 91. |
PART 2 — Provisions coming into force on 31 March 2008
| Provision | Subject matter |
|---|---|
| Section 31 fully | Control of school premises |
| Section 215(2) in so far as it relates to the provisions of Schedule 22 below | Repeals |
| In Part 3 of Schedule 22, the repeal of — | Repeals |
| School Standards and Framework Act 1998, section 40 and Schedule 13. |
PART 3 — Transitional and savings provisions
1
Despite the coming into force of section 38, the duty to prepare and publish a report under section 38(3) does not apply in relation to any academic year earlier than the academic year 2008 to 2009.
2
Despite the repeal of section 218(1)(b) of the Education Reform Act 1988, the Further Education Teachers' Qualifications (Wales) Regulations 2002[^f00003] remain in force (and may be amended or revoked by regulations made under section 136(a)).
3
Despite the repeal of section 218(1)(e) of the Education Reform Act 1988, regulations 4, 5 and 7 of, and Schedule 1 to, the Education (Schools and Further and Higher Education) Regulations 1989[^f00004] remain in force (and may be amended or revoked by regulations made under section 203(3)).
Signed
Jane Hutt — Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers — 20 December 2007
Explanatory note
(This note is not part of the Order)
This Order brings into force on 2 January 2008 and on 31 March 2008 those provisions of the Education Act 2002 specified in Parts 1 and 2 of the Schedule to the Order.
References below to sections and Schedules (without more) are references to sections of, and Schedules to, the Education Act 2002.
The effect of the provisions specified in Part 1 of the Schedule to the Order which come into force on 2 January 2008 is as follows—
- The commencement of the remainder of section 18 repeals miscellaneous grant making powers (which were replaced by section 14 which was commenced on 31 March 2003).
- Section 26 enables regulations to be made by the Welsh Ministers (in whom functions are now vested following the Government of Wales Act 2006) allowing governing bodies of schools to collaborate.
- Section 31 relates to the control of school premises and is commenced for the purpose of making regulations.
- Section 38 requires the Welsh Ministers to have regard to the desirability of avoiding sending excessive material to schools and imposing excessive administrative burdens. They will have to prepare a report in respect of each academic year of the documents sent to all governing bodies or head teachers in Wales.
- Sections 57 to 59 and Schedule 6 enable a local education authority, where a school requires significant improvement or requires special measures or where the governing body have failed to comply with a warning notice, to appoint a specially constituted governing body (made up of interim executive members) to replace a school’s existing governing body. The Welsh Ministers are also enabled to appoint such a governing body where a school requires significant improvement or requires special measures.
- The commencement of the remainder of section 146 repeals section 218 of the Education Reform Act 1988 in full.
- Other provisions consequential on the commencement of sections 18 and 146, and also provisions that apply only to England and have already been brought into force by the Secretary of State, but are included simply in order to ensure that the Education Act 2002 is fully commenced.
The effect of the provisions specified in Part 2 of the Schedule to the Order which come into force on 31 March 2008 is as follows—
- Section 31 (which is commenced in full) enables the Welsh Minsters to make regulations about the control of school premises.
- Section 215(2) and Schedule 22 (which are commenced in part) contain consequential repeals.
Part 3 of the Schedule to the Order contains transitional and savings provisions.
Footnotes
[^f00001]: 2002 c. 32.
[^f00002]: The functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
[^f00003]: S.I. 2002/1663 (W. 158).
[^f00004]: S.I. 1989/351.
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