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The Education Act 2002 (Commencement No.7 and Transitional Provision) Order 2003

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Statutory Instruments

2003 No. 2071 (C. 84)

EDUCATION, ENGLAND

The Education Act 2002 (Commencement No.7 and Transitional Provision) Order 2003

Made

5th August 2003

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

1.  This Order may be cited as the Education Act 2002 (Commencement No. 7 and Transitional Provision) Order 2003.

2.—(1) Paragraph 50 of Schedule 21 to the Education Act 2002 shall come into force except in relation to Wales on 1st September 2003.

(2) Despite the substitution of section 499(9)(b) of the Education Act 1996(2) made by that paragraph, a parent governor appointed or elected to a governing body constituted under section 36 of the School Standards and Framework Act 1998(3) shall also be treated as a parent governor for the purposes s. 499(6) and (8).

Stephen Twigg

Parliamentary Under Secretary of State,

Department for Education and Skills

5th August 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force paragraph 50 of Schedule 21 to the Education Act 2002 which substitutes a new subsection (9) of section 499 of the Education Act 1996. It also makes transitional provision allowing parent governors of governing bodies constituted under the School Standards and Framework Act 1998, as well as parent governors of governing bodies constituted under regulations made under the Education Act 2002, to be treated as parent governors for the purposes of section 499.

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 England

(fully), as to England

1st October 2002

1st September 2003

2002/2439

2003/1667

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 19, (fully), as to England1st September 20032003/1667
Section 19(6) (partially), as to Wales1st September 20032003/1718 (W 185)
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 20 (fully), as to England1st September 20032003/1667
Section 21(3), as to England1st March 20032003/124
Section 21 (fully), as to England1st September 20032003/1667
Section 22, as to England1st September 20032003/1667
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 24 (fully), as to England1st September 20032003/1667
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
Sections 27 and 28, as to Wales1st September 20032003/1718 (W 185)
Section 29, as to England1st September 20032003/1667
Section 29, as to Wales1st September 20032003/1718 (W 185)
Section 30, as to England1st October 20022002/2439
Section 32, as to England1st September 20032003/1667
Section 33(3), as to England1st March 20032003/124
Section 33 (fully), as to England1st September 20032003/1667
Section 34, as to England1st April 20032003/124
Section 35(4) and (5), as to England1st April 20032003/124
Section 35 (fully), as to England1st September 20032003/1667
Section 36(4) and (5), as to England1st April 20032003/124
Section 36 (fully), as to England1st September 20032003/1667
Section 37, as to England1st October 20022002/2439
Section 38(1), (2) and (4) to (7)1st October 20032003/1667
Section 39(1)(partially), as to England1st October 20022002/2439
Section 39(1) (fully), as to England1st September 20032003/1667
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 (partially), as to England

(fully), as to England

2nd September 2002

1st September 2003

2002/2002

2003/1667

Section 40 (partially), as to Wales1st September 20032003/1718 (W 185)
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 43, as to Wales1st November 20032003/1718 (W 185)
Section 44(1) to (6), as to England1st April 20032003/124
Section 44(7), as to England1st September 20032003/1667
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
Section 52(11), as to England1st September 20032003/1667
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
Sections 60 to 64, as to Wales1st August 20032003/1718 (W 185)
Section 6526th July 20022002/2002
Section 6620th January 20032002/2952
Sections 67 to 6926th July 20022002/2002
Section 70, as to England1st June 20032003/1115
Section 71, as to England1st June 20032003/1115
Section 72, as to England1st April 20032003/124
Section 73, as to England1st June 20032003/1115
Section 74(1), as to England1st June 20032003/1115
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 75, (fully), as to England1st June 20032003/1115
Sections 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 120(2)1st August 20032003/1667
Section 1211st October 20022002/2439
Sections 122 to 1291st August 20032003/1667
Section 130 (partially)1st October 20022002/2439
Section 130 (fully)1st August 20032003/1667
Section 131, as to England1st October 20022002/2439
Section 131, as to Wales19th December 20022002/3185 (W.301)
Sections 132 and 133, as to Wales19th December 20022002/3185 (W.301)
Sections 132 and 133, as to England1st August 20032003/1667
Section 134 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 134 (1), (4) and (5), as to England1st August 20032003/1667
Section 135, as to Wales19th December 20022002/3185 (W.301)
Section 135, as to England1st October 20032003/1667
Sections 136 to 140, as to Wales1st September 20032003/1718 (W 185)
Section 141, as to Wales19th December 20022002/3185 (W.301)
Section 141, as to England1st August 20032003/1667
Sections 142 to 144, as to Wales31st March 20032002/3185 (W.301)
Sections 142 to 144, as to England1st June 20032003/1115
Section 145, as to Wales19th December 20022002/3185 (W.301)
Section 145, as to England1st August 20032003/1667
Section 146 (partially), as to Wales31st March 20032002/3185 (W.301)
Section 146 (partially), as to England1st June 20032003/1115
Section 146 (partially), as to England1st August 20032003/1667
Section 146 (partially), as to England1st September 20032003/1667
Section 146 (partially), as to England1st October 20032003/1667
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 148, (partially), as to England1st August 20032003/1667
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 154(1) and (2), as to England1st June 20032003/1115

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
Sections 157 to 174, except 158(3), as to England1st September 20032003/1667
Section 176, as to England1st September 20032003/1667
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 178(1) and (4), as to Wales1st August 20032003/1718 (W 185)
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 181 to 185, as to England1st September 20032003/1667
Section 181 to 185, as to Wales1st September 20032003/1718 (W 185)

Section 187 (partially), as to England

(fully), as to England

1st October 2002

1st September 2003

2002/2439

2003/1667

Section 188 (partially), as to England1st October 20022002/2439
Section 188 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 188 (partially), as to England1st September 20032003/1667
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 1971st September 20032003/1718 (W 185)
Section 199, as to England20th January 20032002/2952
Section 199, as to Wales1st September 20032003/1718 (W 185)
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
Sections 202 and 203, as to England1st August 20032003/1667
Sections 202 and 203, as to Wales1st September 20032003/1718 (W 185)
Section 204, as to England2nd September 20022002/2002
Sections 205 and 206, as to England1st October 20022002/2439
Section 206, as to Wales1st September 20032003/1718 (W 185)
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
(partially), as to England6th April 20032003/124
(partially), as to England1st June 20032003/1115
(partially), as to England1st August 20032003/1667
(partially), as to Wales1st August 20032003/1718 (W 185)
(partially), as to England1st September 20032003/1667
(partially), as to Wales1st September 20032003/1718 (W 185)
(partially), as to England1st October 20032003/1667

Schedule 1, (partially), as to England

(fully), as to England

2nd September 2002

1st October 2002

2002/2002

2002/2439

Schedule 1, (partially), as to Wales1st September 20032003/1718 (W 185)
Schedule 3, paragraphs 1 to 5, as to England2nd September 20022002/2002
Schedule 3, (fully), as to England1st September 20032003/1667
Schedule 3, paragraphs 1 to 5, as to Wales1st September 20032003/1718 (W 185)
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 81st June 20032003/1115
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 10, (fully), as to England1st June 20032003/1115
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 12, paragraphs 3(1), (2), (3) save for the words “or provisional”, (4) and (6), 4(4) save for the words “or provisional registration”, 8 save for the words “or provisional registration”, 10 save for the words “or provisional”, 12(3) save for the words “or provisional ”, as to England1st August 20032003/1667
Schedule 13, paragraphs 1 to 3, as to Englandparagraphs 4 and 5, as to Englandparagraphs 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 15 (fully), as to England1st September 20032003/1667

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 16, paragraphs 1, and 3 to 6, as to England1st September 20032003/1667

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 19, as to England20th January 20032002/2952
Schedule 19, as to Wales1st September 20032003/1718 (W 185)
Schedule 20, as to England1st October 20022002/2439
Schedule 20, as to Wales1st September 20032003/1718 (W 185)
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
(partially), as to England1st June 20032003/1115
(partially), as to England1st August 20032003/1667
(partially), as to England1st September 20032003/1667
(partially), as to Wales1st September 20032003/1718 (W 185)
(partially), as to England1st October 20032003/1667
Schedule 22, (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 April 20032003/124
(partially), as to England6th April 20032003/124
(partially) as to England1st June 20032003/1115
(partially), as to England1st August 20032003/1667
(partially), as to Wales1st August 20032003/1718 (W 185)
(partially), as to England1st September 20032003/1667
(partially), as to Wales1st September 20032003/1718 (W 185)
(partially), as to England1st October 20032003/1667
(2)

1996 c. 56 (subsections (6) to (9) of section 499 were added by section 9 of the School Standards and Framework Act 1998)

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