2007 No. 1801 (C. 68)

education, england

The Education and Inspections Act 2006 (Commencement No. 5 and Saving Provisions) Order 2007

Made

The Secretary of State for Education and Skills, in exercise of the powers conferred by sections 181 and 188(3) of the Education and Inspections Act 20061, makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 5 and Saving Provisions) Order 2007.

2

In this Order—

  • the Act” means the Education and Inspections Act 2006, and

  • EA 1996” means the Education Act 19962.

Provisions coming into force on 25th June 20072

Section 55(8) and (9) of the Act comes into force in relation to England only on 25th June 2007.

Provisions coming into force on 1st September 2007

3

The following provisions of the Act come into force in relation to England only on 1st September 2007—

a

section 38 to the extent it is not already in force,

b

section 55 to the extent it is not already in force,

c

sections 97 to 99,

d

section 102,

e

section 108,

f

section 167,

g

section 184 to the extent that it relates to the provisions set out in paragraph (h),

h

in Schedule 18 (Part 6), the repeal of—

i

in section 176(3) of the Education Act 2002, the definition of “pupil”,

ii

section 21(4) of the Anti-social Behaviour Act 2003, and

iii

paragraph 42 of Schedule 2 to the Childcare Act 2006.

4

The following provisions of the Act come into force on 1st September 2007—

a

section 5 in relation to—

i

primary schools3 which are not special schools, only in relation to the local education authorities listed in Part 1 of the Schedule, and

ii

special schools4, only in relation to the local education authorities listed in Part 2 of the Schedule,

b

section 77 (1) to the extent it is not already in force,

c

section 77(2) to the extent that it relates to the provisions set out in paragraph (k),

d

section 82,

e

section 84 to the extent it is not already in force, except in relation to travel functions under section 508F,

f

section 85 to the extent that it relates to the provisions set out in paragraph (l),

g

sections 100 and 101,

h

sections 103 to 107,

i

sections 109(8) and 110,

j

section 184 to the extent that it relates to the provisions set out in paragraph (m),

k

Schedule 8 to the extent it inserts paragraph 1 (but only in relation to paragraphs 2 to 7 or 9 and 10), paragraphs 2 to 10, 14 and 15 of Schedule 35B,

l

Schedule 10, to the extent that it is not already in force, except for the words—

i

“section 508F(1)” in paragraphs 1(a) and 2(3), and

ii

“section 508F(3)” in paragraph 3.

m

in Part 6 of Schedule 18, the repeal, in section 509(1B) of EA 1996, of the words “the Learning and Skills Council for England or”, and in paragraphs (b) the words “13 or”.

Saving provisions5

1

Despite the commencement of paragraph 4 of Schedule 10 and the repeal of the words mentioned in article 4(m), section 509 of EA 1996 continues to apply in respect of persons in England who are neither children nor persons of sixth form age.

2

Despite the commencement of the repeal of section 21(4) of the Anti-social Behaviour Act 2003 in section 99(2)(c) of and Part 6 of Schedule 18 to the Act, section 21(4) continues to apply in relation to parenting orders made, or applied for, before 1st September 2007.

Jim KnightMinister of StateDepartment for Education and Skills

SCHEDULEAPPLICATION OF SECTION 5 OF THE ACT

Article 4(a)

PART 1PRIMARY SCHOOLS

1

Barnsley Metropolitan Borough Council

2

Bexley London Borough Council

3

Blackpool Borough Council

4

Bournemouth Borough Council

5

City of Bradford Metropolitan District Council

6

Calderdale Metropolitan, Borough Council

7

Camden London Borough Council

8

Cheshire County Council

9

Bristol City Council

10

Cornwall County Council

11

Council of the Corporation of London

12

Coventry City Council

13

Croydon London Borough Council

14

Darlington Borough Council

15

Derby City Council

16

Ealing London Borough Council

17

Gateshead Council

18

Gloucestershire County Council

19

Greenwich London Borough Council

20

Hackney London Borough Council

21

Hammersmith & Fulham London Borough Council

22

Herefordshire Council

23

Hertfordshire County Council

24

Hounslow London Borough Council

25

Isle of Wight Council

26

The Council of the Royal Borough of Kensington & Chelsea

27

Kent County Council

28

City of Kingston upon Hull

29

Kirklees Metropolitan Council

30

Islington London Borough Council

31

Leicestershire County Council

32

Lewisham London Borough Council

33

Liverpool City Council

34

Medway Council

35

Middlesbrough Council

36

Newham London Borough Council

37

North Lincolnshire Council

38

Northumberland County Council

39

Nottinghamshire County Council

40

Oxfordshire County Council

41

Borough of Poole Council

42

Reading Borough Council

43

Richmond upon Thames London Borough Council

44

Rutland County Council

45

Sefton Metropolitan Borough Council

46

Shropshire County Council

47

South Tyneside Council

48

Southwark London Borough Council

49

St Helens Council

50

Stockton-on-Tees Borough Council

51

Stoke-on-Trent City Council

52

Sunderland City Council

53

Sutton London Borough Council

54

Telford & Wrekin Council

55

Thurrock Borough Council

56

Tower Hamlets London Borough Council

57

Trafford Metropolitan Borough Council

58

Wakefield Metropolitan District Council

59

Waltham Forest London Borough Council

60

Wandsworth London Borough Council

61

Warrington Borough Council

62

Warwickshire County Council

63

Wigan Metropolitan Borough Council

64

The Council of the Royal Borough of Windsor and Maidenhead

65

Wirral Metropolitan Borough Council

66

Wokingham District Council

PART 2SPECIAL SCHOOLS

1

Barnet London Borough Council

2

Bournemouth Borough Council

3

Bracknell Forest Borough Council

4

Cornwall County Council

5

Enfield London Borough Council

6

Halton Borough Council

7

Haringey London Borough Council

8

Hartlepool Borough Council

9

Islington London Borough Council

10

Kent County Council

11

The Council of the Royal Borough of Kingston upon Thames

12

Liverpool City Council

13

Merton London Borough Council

14

Newcastle City Council

15

Newham London Borough Council

16

North Lincolnshire Council

17

North Somerset Council

18

Northamptonshire County Council

19

Oxfordshire County Council

20

Reading Borough Council

21

Richmond upon Thames London Borough Council

22

Rutland County Council

23

Sandwell Metropolitan Borough Council

24

Sefton Metropolitan Borough Council

25

Shropshire County Council

26

South Gloucestershire Council

27

St Helens Council

28

Sutton London Borough Council

29

Warrington Borough Council

30

West Berkshire Council

31

West Sussex County Council

32

Wigan Metropolitan Borough Council

33

Wirral Metropolitan Borough Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the fifth commencement order made under the Education and Inspections Act 2006 (“the Act”). Articles 3 to 5 contain the provisions of the Act to be commenced (on 1st September 2007 apart from section 55(8) which is to come into force on 25th June 2007). The provisions in Articles 2 and 3 are to be commenced in relation to England only; the Welsh Ministers have the power to commence these provisions in relation to Wales.

Section 5 imposes a duty upon local education authorities in England to appoint a school improvement partner in relation to each school which they maintain. It is commenced in relation to primary schools in the local authority areas listed in Part 1 of the Schedule and in relation to special schools in the local authority areas listed in Part 2 of the Schedule.

The commencement of the remainder of section 38 inserts new section 21 (5) and (8) of the Education Act 2002. These sections require the governing bodies of maintained schools to promote the well-being of pupils at the school, and promote community cohesion

Section 55 amends section 71 of the School Standards and Framework Act 1998 and allows sixth –form pupils themselves to request to be excused from attendance at religious worship at maintained mainstream schools. Section 55(8) substitutes a new section 71(7) requiring regulations to make the same provision in respect of maintained special schools. It is being commenced on x June 2007 in order to allow regulations to be made also to come into force on 1st September 2007.

Section 77(1) is commenced to the extent that it is not already in force, i.e. to the extent that it inserts sections 508B and 508C to the Education Act 1996 (“EA 1996”). These sections impose duties on local authorities to ensure that suitable home to school travel arrangements are made for children in their area.

Section 77(2), which inserts Schedule 35B to EA 1996, is commenced except in relation to paragraphs 11, 12 and 13 of that Schedule. Schedule 35B defines ‘eligible child’ for the purposes of section 508B of EA 1996 i.e. those classes of children whose travel needs fall to be considered under section 508B and provided free of charge. The broad classes of ‘eligible child’ are: (i) children who cannot be expected to walk due to their special educational needs, disability or mobility problems (paragraphs 2 and 3), (ii) children who cannot be expected to walk due to the nature of their route (paragraphs 4 and 5), (iii) children who live outside walking distance (paragraphs 6 to 8), and (iv) children from low income families (paragraphs 9 to 13). Paragraphs 11 to 13 relate to children of 11 years and above from low income families, and are proposed to be commenced on 1st September 2008, until which time they are excluded from the definition of ‘eligible child’.

Section 82 makes amendments to section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) consequent on changes to the school travel provisions made by the Act.

Section 84 which inserts section 509AD to EA 1996 (duty to have regard to religion or belief in exercise of travel functions) is commenced in relation to local authority travel functions under sections 508B, 508C and 508E of EA 1996.

Section 85 commences Schedule 10, which makes further amendments to EA 1996, and to transport legislation, consequent on changes to the school travel provisions made by the Act. Despite the amendments made to section 509 of EA 1996 by paragraph 4 of Schedule 10, section 509 (provision of transport) continues to apply in respect of adult learners in England (i.e. persons who are neither children nor persons of sixth form age) as is provided for by Article 5(1).

Part 7, Chapter 2 is fully commenced in relation to England. It includes provisions extending the availability of parenting contracts and parenting orders in respect of misbehaviour at school (sections 97 to 99), requiring local authorities and school governing bodies to provide full time education following exclusion (sections 100 and 101), requiring head teachers to arrange reintegration interviews (section 102), for an offence of a parent failing to ensure an excluded pupil is not present in a public place during school hours (section 103), requiring head teachers to give notices in relation to exclusion, and the full time provision under section 100 or 101 (section 104), for penalty notices in respect of the section 103 offence (sections 105 and 106), and for the extension of police powers to remove truants from public places during school hours in section 16 of the Crime and Disorder Act 1998 (c. 37) to excluded pupils (section 108).

Section 21(4) of the Anti-social Behaviour Act 2003 (c. 38), under which regulations on the costs of parenting orders were made, is repealed, but continues to apply to parenting orders made or applied for before 1st September 2007 as provided for by Article 5(2).

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 by commencement orders made before the date of this Order:

Provisions

Date of Commencement

S.I. No

Section 1, in relation to England only

25th May 2007

SI 2007/935

Sections 2 and 3

25th May 2007

SI 2007/935

Section 4 in relation to England

27th February 2007

SI 2006/3440

Section 5, partially

8th February 2007

SI 2006/3440

Section 5, partially

1st April 2007

SI 2007/935

Sections 7 to 17

25th May 2007

SI 2007/935

Section 18 (1) to (3)

1st April 2007

SI 2007/935

Section 18 (4) and (5)

25th May 2007

SI 2007/935

Sections 19 and 20

25th May 2007

SI 2007/935

Sections 21 to 24

1st April 2007

SI 2007/935

Section 25 (5), (6) and (7)

1st April 2007

SI 2007/935

Section 25 (1) to (4) and (8)

25th May 2007

SI 2007/935

Section 26

1st April 2007

SI 2007/935

Section 27 (1) to (6) and (8)

1st April 2007

SI 2007/935

Section 27 (7)

25th May 2007

SI 2007/935

Sections 28 to 30

25th May 2007

SI 2007/935

Sections 31 and 32

1st April 2007

SI 2007/935

Section 33, partially

1st April 2007

SI 2007/935

Section 33, fully

25th May 2007

SI 2007/935

Section 34

25th May 2007

SI 2007/935

Section 35, partially

1st April 2007

SI 2007/935

Section 35, fully

25th May 2007

SI 2007/935

Section 36

25th May 2007

SI 2007/935

Section 38 (1) partially, in relation to England

25th May 2007

SI 2007/1271

Section 38 (2) in relation to England

25th May 2007

SI 2007/1271

Section 39 in relation to England

27th February 2007

SI 2006/3440

Section 40 in relation to England

12th December 2006

SI 2006/2990

Section 41

27th February 2007

SI 2006/3440

Section 42

27th February 2007

SI 2006/3440

Section 43 in relation to England

8th January 2007

SI 2006/3400

Section 44 in relation to England

27th February 2007

SI 2006/3400

Section 45 in relation to England

8th January 2007

SI 2006/3400

Section 46

27th February 2007

SI 2006/3400

Section 47 in relation to England

27th February 2007

SI 2006/3400

Section 48

8th January 2007

SI 2006/3400

Section 49

8th January 2007

SI 2006/3400

Section 50

8th January 2007

SI 2006/3400

Section 51

8th January 2007

SI 2006/3400

Section 53

27th February 2007

SI 2006/3400

Section 54 (1), (2) and (3) (b)

8th January 2007

SI 2006/3400

Section 54, fully

25th May 2007

SI 20077/935

Section 56 in relation to England

25th May 2007

SI 2007/935

Section 57 in relation to England

8th February 2007

SI 2006/3400

Sections 59 to 73

1st April 2007

SI 2007/935

Section 74 (4)

1st April 2007

SI 2007/935

Section 76

1st April 2007

SI 2007/935

Section 77 (1), partially

1st April 2007

SI 2007/935

Sections 78 to 80

1st April 2007

SI 2007/935

Section 83

1st April 2007

SI 2007/935

Section 84, partially

1st April 2007

SI 2007/935

Section 85, partially

1st April 2007

SI 2007/935

Sections 88 to 96 in relation to England

1st April 2007

SI 2007/935

Section 112 (1) to (3)

12th December 2006

SI 2006/2990

Section 112 (4), partially

12th December 2006

SI 2006/2990

Section 112 (4), fully

1st April 2007

SI 2007/935

Sections 113 to 115

1st April 2007

SI 2007/935

Section 116 (1) (a) and (b)

12th December 2006

SI 2006/2990

Section 116 (1) (c) and (2)

1st April 2007

SI 2007/935

Section 117

12th December 2006

SI 2006/2990

Sections 118 to 153

1st April 2007

SI 2007/935

Section 155

1st April 2007

SI 2007/935

Section 157

1st April 2007

SI 2007/935

Section 158, partially

12th December 2006

SI 2006/2990

Section 158, fully

1st April 2007

SI 2007/935

Section 159

12th December 2006

SI 2006/2990

Section 160

28th March 2007

SI 2007/935

Section 163

8th January 2007

SI 2006/3400

Section 164 in relation to England

28th March 2007

SI 2007/935

Sections 165 to166 in relation to England

1st April 2007

SI 2007/935

Section 173

8th January 2007

SI 2006/3400

Section 176

1st April 2007

SI 2007/935

Section 184, partially

12th December 2006

SI 2006/2990

Section 184 (partially), in relation to England

8th January 2007

SI 2006/3400

Section 184, partially

8th January 2007

SI 2006/3400

Section 184 (partially), in relation to England

8th February 2007

SI 2006/3400

Section 184 (partially) in relation to England

27th February 2007

SI 2006/3400

Section 184, partially

27th February 2007

SI 2006/3400

Section 184 (partially) in relation to England

1st April 2007

SI 2007/935

Section 184, partially

1st April 2007

SI 2007/935

Section 184 (partially) in relation to England

25th May 2007

SI 2007/935

Section 184, partially

25th May 2007

SI 2007/935

Schedule 2, partially

1st April 2007

SI 2007/935

Schedule 2, fully

25th May 2007

SI 2007/935

Schedule 3

25th May 2007

SI 2007/935

Schedule 4

25th May 2007

SI 2007/935

Schedule 5 in relation to England

8th February 2007

SI 2006/3400

Schedule 6

1st April 2007

SI 2007/935

Schedule 7

1st April 2007

SI 2007/935

Schedule 9

1st April 2007

SI 2007/935

Schedule 10, partially

1st April 2007

SI 2007/935

Schedule 11, partially

12th December 2006

SI 2006/2990

Schedule 11, fully

1st April 2007

SI 2007/935

Schedules 12 to 14

1st April 2007

SI 2007/935

Schedule 15, partially

12th December 2006

SI 2006/2990

Schedule 15, fully

1st April 2007

SI 2007/935

Schedule 18, partially

12th December 2006

SI 2006/2990

Schedule 18 (partially), in relation to England

8th January 2007

SI 2006/3400

Schedule 18, partially

8th January 2007

SI 2006/3400

Schedule 18 (partially), in relation to England

8th February 2007

SI 2006/3400

Schedule 18 (partially) in relation to England

1st April 2007

SI 2007/935

Schedule 18, partially

1st April 2007

SI 2007/935

Schedule 18 (partially) in relation to England

25th May 2007

SI 2007/935

Schedule 18, partially

25th May 2007

SI 2007/935