The Education Reform Act 1988 (Commencement No. 5) Order 1989

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st March 1989 section 12 of the 1988 Act, except in relation to county schools currently maintained by the Inner London Education Authority. That section relates to the determination by standing advisory councils on religious education of the cases in which the requirement for Christian collective worship is not to apply to a county school. Also brought into force on that date is paragraph 58 of Schedule 12 to the Act, which amends section 80 of the Education Act 1944 (registration of pupils at schools).

It brings into force on 1st May 1989 section 115 of the Act, which amends section 21 of the Education (No.2) Act 1986 to provide for the governing bodies of county, controlled and maintained special schools to determine (after consultation) the times of school sessions.

Section 5 of the Act, which provides for control over courses leading to external qualifications, is brought into force on 1st August 1989.

Also brought into force on that date is section 10(2) and, for pupils at schools in England in the first three key stages who do not have a statement of special educational needs, section 10(3); these provisions impose duties on local education authorities, governing bodies and head teachers with respect to the National Curriculum. Section 10(3) is brought into force on 1st August 1990 in relation to pupils at schools in England in the first three key stages who have a statement of special educational needs and, so far as regards the core subjects (that is to say, mathematics, English and science), for pupils at schools in England in the first year of the fourth key stage; and on 1st August 1991 so far as regards the core subjects for pupils at such schools in the second year of the fourth key stage.

The Order also brings into force on 1st August 1989 section 16, which relates to temporary disapplication or modification of the National Curriculum for development work and experiments.

It brings into force on 1st September 1989 (except for county and voluntary schools currently maintained by the Inner London Education Authority, and except for special schools so maintained which are not established in a hospital) section 23(2), which relates to complaints to the Secretary of State about unreasonable action and breaches of duty by local education authorities or governing bodies in to relation to the curriculum and religious worship.

Sections 12 and 23(2) are brought fully into force on 1st April 1990.