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The Education Act 2002 (Commencement No.5 and Transitional and Saving Provisions) Order 2003

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Statutory Instruments

2003 No.1115 (C.56)

EDUCATION, ENGLAND

The Education Act 2002 (Commencement No.5 and Transitional and Saving Provisions) Order 2003

Made

14th April 2003

In exercise of the powers conferred on the Secretary of State by section 216(2), (4) and (5) of the Education Act 2002(1), the Secretary of State for Education and Skills hereby makes the following Order:

Citation and Interpretation

1.—(1) This Order may be cited as the Education Act 2002 (Commencement No. 5 and Transitional and Saving Provisions) Order 2003.

(2) In this Order—

“the 1998 Act” means the School Standards and Framework Act 1998 (2),

“the 2002 Act” means the Education Act 2002.

Provisions coming into force on 1st June 2003

2.  The following provisions of the 2002 Act shall come into force on 1st June 2003:

  • section 70;

  • section 71;

  • section 73;

  • Schedule 8.

3.  The following provisions of the 2002 Act shall come into force except in relation to Wales on 1st June 2003:

  • section 74(1);

  • section 75 to the extent that it is not already in force;

  • sections 142 to 144;

  • section 146 to the extent that it repeals section 218(6), (6ZA), (6A), (6B) and section 218A of the Education Reform Act 1988;

  • section 154(1) and (2);

  • Schedule 10 to the extent that it is not already in force;

  • section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;

  • in Schedule 21–

    • paragraph 9,

    • paragraph 54,

    • paragraphs 71 to 73,

    • paragraph 75,

    • paragraph 76 except for sub-paragraph (a),

    • paragraph 77,

    • paragraph 83,

    • paragraph 86,

    • paragraph 97,

    • paragraph 98(2)(b),

    • paragraph 115 to the extent that it is not already in force,

    • paragraph 116,

    • paragraphs 120 to 123,

    • paragraph 128;

  • in Schedule 22, the repeal of –

    • in the Education Reform Act 1998, section 218(6), (6ZA), (6A), (6B) and section 218A,

    • in the Education Act 1997, section 49,

    • in the Police Act, in section 113, in subsection (3A), paragraph (a)(ii) and (iii), and in subsection (3B), paragraph (c) and the words from “and the reference “ to the end, and section 115(6A),(a)(ii) and (iii),

    • in the Teaching and Higher Education Act 1998, in Schedule 2, paragraph 1(5),

    • in the School Standards and Framework Act, in Schedule 6 –

      • in paragraph 3(2), the word “or” at the end at the end of paragraph (b),

      • in paragraph 4(5) the word “or” at the end of paragraph (a), and

      • in paragraph 5(9) the words “or (8)”,

    • in the Protection of Children Act –

      • section 5,

      • in section (7), subsection (1)(a)(ii) and (iii), the word “and” immediately preceding subsection (2)(c), and subsection (4),

      • in section 9(2), the word “or” at the end of paragraph (d), and

      • in section 1292) the definition of “the 1998 Act”,

    • in the Criminal Justice and Court Services Act 2000, section 35(5), and in Schedule 7, paragraph 83.

Transitional and saving provisions

4.—(1) Despite the coming into force of section 154(1) and (2) of the 2002 Act, where a local education authority in England has before 1st June 2003 taken a decision to establish a new maintained nursery school, section 28(1)(aa) of the 1998 Act shall not apply to the proposal.

(2) An authority’s decision to establish a maintained nursery school shall only be treated as such if it conforms with its arrangements for the discharge of its functions in accordance with its executive arrangements as defined by section 10(1) of the Local Government Act 2000(3).

5.  Despite the coming into force of paragraphs 2, 3(2), 4(2), 8 and 10(b) of Schedule 10 to the 2002 Act, the amendments to paragraphs 2, 3(1)(a)(i) and 4(1)(b) of Schedule 6 to, and paragraphs 7 and 9(1)(c) of Schedule 7 to, the 1998 Act shall not have effect in relation to any proposals published before 1st June 2003.

6.  Despite the coming into force of paragraph 97 of Schedule 21 to the 2002 Act, where a local education authority has before 1st June 2003 commenced consultation, in accordance with section 28(5) of the 1998 Act, on the establishment of a community or foundation school which is an additional school within the meaning of section 70 of the 2002 Act, section 28(1)(a) of the 1998 Act shall apply to the proposal.

David Miliband

Minister of State

Department for Education and Skills

14th April 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force provisions of the Education Act 2002 on 1st June 2003.

Article 2 commences sections 70, 71, 73 and Schedule 8 (proposals for additional secondary schools and proposals by governing bodies of community schools).

Article 3 commences sections 74(1) (the ability of a new school to be opened as a federated school), 75 and Schedule 10 to the extent that they are not already in force, (provisions consequential on sections 70, 71 and 73), and sections 142 to 144 (misconduct etc).

The provision listed in article 2 is brought into force for all purposes in accordance with the Secretary of State’s power in section 216(2). The provisions listed in article 3 are brought into force for England only, in accordance with the Secretary of State’s power in section 216(4).

The Order also makes transitional and saving provision in respect of the commencement of the school reorganisation changes.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of this Act have been brought into force (or come into force at a later date) by commencement orders made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 1 (partially), as to England1st October 20022002/2439
Sections 2 to 5, as to England1st October 20022002/2439
Sections 11 and 12, as to England20th January 20032002/2952
Sections 14 to 17, as to England1st October 20022002/2439
Sections 14 to 17 and 18(2), as to Wales31st March 20032002/3185 (W.301)
Section 18, except for the repeal of section 486 of the Education Act 1996 made by paragraph (g) of subsection (1), as to England1st April 20032003/124
Section 19(2) to (5) and (7), as to England1st March 20032003/124
Section 19(6), as to England1st October 20022002/2439
In section 19(8), the words “regulations under this section may include provision with respect to the governing body of federations”, as to England1st April 20032003/124
Section 20(2) and (3), as to England1st March 20032003/124
In section 20(4), the words “regulations under subsection (2) may include provision with respect to instruments of government for federations”, as to England1st April 20032003/124
Section 21(3), as to England1st March 20032003/124
Section 23, as to England1st March 20032003/124
Section 24(1), for the purpose of making regulations only, as to England1st April 20032003/124
Section 24(2) to (6), as to England1st April 20032003/124
Section 25, as to England1st April 20032003/124
Section 26, as to England1st March 20032003/124
Sections 27 and 28, as to England2nd September 20022002/2002 as amended by 2002/2018
Section 30, as to England1st October 20022002/2439
Section 33(3), as to England1st March 20032003/124
Section 34, as to England1st April 20032003/124
Section 35(4) and (5), as to England1st April 20032003/124
Section 36(4) and (5), as to England1st April 20032003/124
Section 37, as to England1st October 20022002/2439
Section 39(1)(partially), as to England1st October 20022002/2439
In section 39(1), the definition of “federation” and “federated school”, as to England1st April 20032003/124
Section 39(2), as to England1st October 20022002/2439
Section 40, as to England2nd September 20022002/2002
Section 41(1) and (3), as to England1st October 20022002/2439
Section 42, as to England1st October 20022002/2439
Section 43, as to England2nd September 20022002/2002
Section 44(1) to (6), as to England1st April 20032003/124
Section 45, as to England1st April 20032003/124
Section 46, as to England20th January 20032002/2952
Sections 47 to 49, as to England1st October 20022002/2439
Section 49, as to Wales19th December 20022002/3185 (W.301)
Section 50, as to England20th January 20032002/2952

Section 51 (partially), as to England

fully, as to England

1st October 2002

20th January 2003

2002/2439

2002/2952

Section 52(1) to (6), as to England20th January 20032002/2952
Sections 54 to 59, as to England2nd September 20022002/2002
Sections 54 to 56, as to Wales19th December 20022002/3185 (W.301)
Sections 60 and 61, as to England26th July 20022002/2002
Sections 62 to 64, as to England1st October 20022002/2439
Section 6526th July 20022002/2002
Section 6620th January 20032002/2952
Sections 67 to 6926th July 20022002/2002
Section 72, as to England1st April 20032003/124
Section 74(2) and (3), as to England1st April 20032003/124
Section 75 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 75 (partially), as to England1st April 20032003/124
Section 76 and 771st October 20022002/2439

Section 78 (partially)

(fully)

26th July 2002

1st October 2002

2002/2002

2002/2439

Sections 79 to 96,1st October 20022002/2439
Sections 97, 98, 99(1),19th December 20022002/3185 (W.301)
Section 100 (partially),19th December 20022002/3185 (W.301)
Section 101 (partially),19th December 20022002/3185 (W.301)
Sections 103, 105 to 107,19th December 20022002/3185 (W.301)
Section 108 (partially),19th December 20022002/3185 (W.301)
Sections 109, 111 to 118,19th December 20022002/3185 (W.301)
Section 1191st October 20022002/2439
Section 120(1), and (3) to (5)1st October 20022002/2439
Section 1211st October 20022002/2439
Section 130 (partially)1st October 20022002/2439
Section 131, as to England1st October 20022002/2439
Section 131, as to Wales19th December 20022002/3185 (W.301)
Section 132 and 133 as to Wales19th December 20022002/3185 (W.301)
Section 134 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 135, as to Wales19th December 20022002/3185 (W.301)
Section 141, as to Wales19th December 20022002/3185 (W.301)
Sections 142 to 144, as to Wales31st March 20032002/3185 (W.301)
Section 145, as to Wales19th December 20022002/3185 (W.301)
Section 146 (partially), as to Wales31st March 20032002/3185 (W.301)
Section 148 (partially), as to England1st October 20022002/2439
Section 148 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 148 (partially), as to Wales31st March 20032002/3185 (W.301)
Section 149, as to England1st October 20022002/2439
Section 149, as to Wales31st March 20032002/3185 (W.301)
Section 150, as to England1st October 20022002/2439
Section 150, as to Wales31st March 20032002/3185 (W.301)
Section 151(1), as to England1st October 20022002/2439
Section 151(2), as to Wales19th December 20022002/3185 (W.301)
Section 152 (partially), as to England2nd September 20022002/2002
Section 152 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 153, as to England1st April 20032003/124

Section 155 (partially), as to England

(fully), as to England

2nd September 2002

1st October 2002

2002/2002

2002/2439

Section 156, as to England1st October 20022002/2439
Section 177, as to England1st October 20022002/2439
Section 178(1) and (2), as to England1st October 20022002/2439
Section 178(3), as to England20th January 20032002/2952
Section 179, as to England1st October 20022002/2439
Section 179 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 180, as to England1st October 20022002/2439
Section 180, as to Wales19th December 20022002/3185 (W.301)
Section 187, as to England1st October 20022002/2439
Section 188 (partially), as to England1st October 20022002/2439
Section 188 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply except in relation to Wales1st October 20022002/2439
Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply in relation to Wales19th December 20022002/3185 (W.301)
Section 191 to 194, as to Wales19th December 20022002/3185 (W.301)
Section 195 (partially), as to Wales31st March 20032002/3185 (W.301)
Section 195 (partially), as to Wales1st September 20032002/3185 (W.301)
Section 196, as to Wales19th December 20022002/3185 (W.301)
Section 199, as to England20th January 20032002/2952
Section 200, as to Wales31st March 20032002/3185 (W.301)
Section 200, as to England6th April 20032003/124
Section 201 (partially), as to Wales31st March 20032002/3185 (W.301)
Section 201 (partially), as to England6th April 20032003/124
Section 204, as to England2nd September 20022002/2002
Sections 205 and 206, as to England1st October 20022002/2439
Sections 207 and 208, as to England1st April 20032003/124
Section 2091st April 20032003/124
Section 215 (partially), as to England26th July 20022002/2002
(partially), as to England2nd September 20022002/2002
(partially), as to England1st October 20022002/2439
(partially), as to Wales19th December 20022002/3185 (W.301)
(partially), as to England20th January 20032002/2952
(partially), as to Wales31st March 20032002/3185 (W.301)
(partially), as to Wales1st September 20032002/3185 (W.301)
(partially), as to England1st March 20032003/124
(partially), as to England1st April 20032003/124
Section 215 (partially), as to England6th April 20032003/124

Schedule 1, (partially), as to England

(fully), as to England

2nd September 2002

1st October 2002

2002/2002

2002/2439

Schedule 3, paragraphs 1 to 5, as to England2nd September 20022002/2002
Schedule 4, paragraphs 1, 3, 5 to 7, 10, 11, 13 and 14, as to England1st October 20022002/2439
Schedule 4, fully, as to England20th January 20032002/2952
Schedules 5 and 6, as to England2nd September 20022002/2002
Schedule 5, as to Wales19th December 20022002/3185 (W.301)
Schedule 726th July 20022002/2002
Schedule 9, as to England1st April 20032003/124
Schedule 10, paragraphs 1, 6, 11 and 15, as to Wales19th December 20022002/3185 (W.301)
Schedule 10, paragraphs 1, 6 and 11 to 15, as to England1st April 20032003/124
Schedule 111st October 20022002/2439
Schedule 12, paragraphs 1, 2, 4(1), and (3), 6, 9, 11 and 12(1) and (2), as to England1st October 20022002/2439
Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7, as to Wales19th December 20022002/3185 (W.301)
Schedule 12, paragraphs 12(1) and (2), as to Wales31st March 20032002/3185 (W.301)

Schedule 13, paragraphs 1 to 3, as to England

paragraphs 4 and 5, as to England

paragraphs 6, 7(1) and (3), and (8), as to England

1st October 2002

2nd September 2002

1st October 2002

2002/2439

2002/2002

2002/2439

Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3), and 8, as to Wales19th December 20022002/3185 (W.301)

Schedule 14, paragraphs 1 to 4, as to England

Remaining paragraphs, as to England

2nd September 2002

1st October 2002

2002/2002

2002/2439

Schedule 15 fully except for the words “(b) nursery school” in paragraphs 2(2)1st October 20022002/2439

Schedule 16, paragraphs 7 to 9, as to England

Schedule 16, paragraphs 4 to 9, as to Wales

1st October 2002

19th December 2002

2002/2439

2002/3185 (W.301)

Schedule 17, paragraphs 1 to 4 and 9

Schedule 17, paragraphs 5(1) – (4), (6), and 6 to 8

1st October 2002

19th December 2002

2002/2439

2002/3185 (W.301)

Schedule 18 paragraphs 1, 4, 5 and 7, 13 to 15

paragraph 8 (partially),

paragraphs 2,3, 6, 8 (fully), 9 to 12, and 16 to 18

31st March 2003

31st March 2003

1st September 2003

2002/3185 (W.301)

2002/3185 (W.301)

2002/3185 (W.301)

Schedule 1920th January 20032002/2952
Schedule 20, as to England1st October 20022002/2439
Schedule 21 (partially), as to England2nd September 20022002/2002
(partially), as to England1st October 20022002/2439
(partially), as to Wales19th December 20022002/3185 (W.301)
(partially), as to England20th January 20032002/2952
(partially), as to Wales31st March 20032002/3185 (W.301)
(partially) as to England1st March 20032003/124
(partially) as to England1st April 20032003/124
Schedule 22, (partially), as to England26th July 20022002/200
(partially), as to England2nd September 20022002/2002
(partially), as to England1st October 20022002/2439
(partially), as to Wales19th December 20022002/3185 (W.301)
(partially), as to England20th January 20032002/2952
(partially), as to Wales31st March 20032002/3185 (W.301)
(partially), as to Wales1st September 20032002/3185 (W.301)
(partially) as to England1st April 20032003/124
(partially), as to England6th April 20032003/124

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