Citation

1.  This Order may be cited as the Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993.

Interpretation

2.  In this Order–

“the Act” means the Education Act 1993;

“the 1981 Act” means the Education Act 1981(2);

“the 1988 Act” means the Education Reform Act 1988(3); and

“the 1992 Act” means the Education (Schools) Act 1992(4).

Commencement of section 307(1) of the Act

3.  Section 307(1) of the Act (consequential and minor amendments), so far as it relates to the provisions of Schedule 19 to the Act brought into force by this Order, shall come into force on the dates on which, and for the purposes for which, Schedule 19 is brought into force by this Order.

Commencement of and transitional provisions relating to paragraph 173 of Schedule 19

4.—(1) Paragraph 173 of Schedule 19 to the Act (amendments to the 1992 Act) shall come into force as follows.

(2) For the purposes of prescribing any matter which falls to be prescribed under paragraphs 9B(2), 9C(5)(b), 10(2)(a), (3), (4) and (5)(b), 14(4)(b) and 15(3)(b) of Schedule 2 to the 1992 Act, sub-paragraphs (2), (3), (5), (6), (8)(a) and (9)(a) shall come into force on 1st August 1993.

(3) Sub-paragraphs (1)(c), (4) and (7), and sub-paragraphs (2), (3), (5) and (6), so far as not already in force, shall come into force on 1st September 1993.

(4) Sub-paragraph (1)(b), and sub-paragraphs (8) and (9), so far as not already in force, shall come into force on 1st October 1993.

5.—(1) Until the entry into force of sections 182 and 188 of the Act, paragraphs 9C(4) and 10(4) of Schedule 2 to the 1992 Act (as substituted by sub-paragraphs (5) and (6) of paragraph 173 of Schedule 19 to the Act) shall have effect as if the reference in each of those paragraphs to a maintained special school were a reference to a special school maintained by a local education authority.

(2) Until the entry into force of section 189 of the Act, those paragraphs (as so substituted) shall have effect as if the reference in each of them to section 189(1) of the Act were a reference to section 11(3)(a) of the 1981 Act.

Commencement of section 5 of the Act

6.  Section 5 of the Act (meaning of “funding authority” in Education Acts) shall come into force on 1st September 1993.

Commencement of and transitional provisions relating to Chapter I of Part V

7.  Chapter I of Part V of the Act (schools failing to give an acceptable standard of education: identification of schools requiring special measures) shall come into force on 1st September 1993.

8.—(1) Until the entry into force of sections 182 and 188 of the Act, Chapter I of Part V of the Act shall have effect as if any reference in that Chapter to a maintained special school were a reference to a special school maintained by a local education authority.

(2) Until the entry into force of paragraph 8 of Schedule 6 to the Act, section 210(7) of the Act shall have effect as if the reference in that section to that paragraph were a reference to paragraph (j) of section 58(5) of the 1988 Act.

Commencement of and transitional provisions relating to certain other provisions of the Act

9.  The provisions of the Act specified in the first column of Schedule 1 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st October 1993; and, save as otherwise provided in the first column of Schedule 1, they shall come into force on that date for all purposes.

10.  Schedule 2 to this Order shall have effect for the purposes of making transitional provisions in connection with the provisions brought into force by Article 9 of, and Schedule 1 to, this Order.

Article 9

SCHEDULE 1PROVISIONS COMING INTO FORCE ON 1ST OCTOBER 1993

Appendix to Schedule 1REPEALS TAKING EFFECT FROM 1ST OCTOBER 1993

Article 10

SCHEDULE 2TRANSITIONAL PROVISIONS

1.  Until the entry into force of section 168 of the Act, sections 193(1) and 195(1) of the Act shall have effect as if the references in those provisions to section 168 of the Act were references to section 7 of the 1981 Act.

2.  Until the entry into force of sections 149 to 151 of the Act, section 194(2)(b) shall have effect as if the reference in that section to sections 149 to 151 of the Act were a reference to section 83 of the 1988 Act.

3.  Until the entry into force of section 98 of the Act, section 13(3)(c) of the 1992 Act (as substituted by section 259(2) of the Act) shall have effect as if the reference in that section to section 98 of the Act were a reference to section 89 of the 1988 Act.

4.—(1) Until the entry into force of paragraph 5 of Schedule 6 to the Act, section 25(5) of the Local Government Act 1974(11) (as amended by section 269 of the Act) shall have effect as if the reference in that section to paragraph 5 of Schedule 6 to the Act were a reference to paragraph (d) of section 58(5) of the 1988 Act.

(2) Notwithstanding the amendment made to section 25(5) of the Local Government Act 1974 by section 269 of the Act, Part III of the Local Government Act 1974 shall not have effect to enable the Local Commissioner to conduct an investigation with respect to any action of an appeal committee constituted in accordance with paragraph (2) of Schedule 2 to the Education Act 1980 or for the purposes of section 58(5)(d) of the 1988 Act where notice of the appeal to which the action relates was served before 1st October 1993.

5.  Until the repeal of section 14(1)(a) and (c) of the 1988 Act by section 307(3) of, and Schedule 21 to, the Act has effect, subsections (3), (5) and (6) of section 14 of the 1988 Act (as amended by paragraph 118(b) to (d) of Schedule 19 to the Act) shall have effect as if the references in each of those subsections to “the Council” were references to “the Curriculum Council for Wales”.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st August 1993 sub-paragraphs (2), (3), (5), (6), (8)(a) and (9)(a) of paragraph 173 of Schedule 19 to the Education Act 1993, but only for the purposes of prescribing matters which fall to be prescribed under Schedule 2 to the Education (Schools) Act 1992 (as amended by paragraph 173 of Schedule 19).

The Order brings into force on 1st September 1993 sub-paragraphs (1)(c), (4) and (7) of paragraph 173 of Schedule 19, and sub-paragraphs (2), (3), (5), and (6) for all remaining purposes. The Order brings into force on 1st October 1993 the remaining provisions of paragraph 173 of Schedule 19 for all remaining purposes except sub-paragraph (1)(a) which is not brought into force by this Order.

The Order brings into force on 1st September 1993 section 5 of the 1993 Act which defines the expression “funding authority” in the Education Acts.

Also brought into force on 1st September 1993 are the provisions of Chapter I of Part V of the 1993 Act which relates to the inspection of maintained and grant-maintained schools and the identification of those schools requiring special measures.

The Order brings into force on 1st October 1993 the provisions of the 1993 Act specified in Schedule 1. These are principally the provisions of Part IV which relates to school attendance (other than section 196, and section 192(6) and (7) as it relates to school attendance orders with respect to children without statements under section 7 of the Education Act 1981); sections 244 to 251 and Schedule 14 which relate to the School Curriculum and Assessment Authority and the Curriculum Council for Wales; and sections 282 to 286 which are concerned with assistance for voluntary schools.

The Order also contains transitional provisions. These principally enable references to provisions in the 1993 Act not brought into force by the Order to have effect as references to the enactments to be repealed by them.