The Education Act 2002 (Commencement No. 1) (Wales) Order 2002

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Articles 4, 5 and 6

SCHEDULE

PART 1PROVISIONS COMING INTO FORCE ON 19th DECEMBER 2002

PROVISION	SUBJECT MATTER
Section 49	Repeal of power to make certain special arrangements for preserving religious character
Sections 54, 55, 56	Schools causing concern
Section 75 in so far as it relates to provisions of Schedule 10 below	Establishment etc of schools: changes to existing procedures
Sections 97, 98, 99(1), 100 except subsections (1)(b), (2)(b) and (5), 101 except subsection (3)(b), 103, 105 to 107, 108 except subsections (1)(a), (2) and (6), 109, 111 to 118	The Curriculum in Wales
Section 131	Appraisal of school teachers
Sections 132, 133, 134 (1), (4) and (5), 135	School teachers' qualifications
Section 141	Teachers — health and fitness
Section 145	Teachers' qualifications — general
Section 148 in so far as it relates to provisions of Schedule 12 below	General Teaching Council for Wales
Section 151(2)	Childcare functions of National Assembly for Wales
Section 152 in so far as it relates to provisions of Schedule 13 below	Regulation of childminding and day care
Section 179(1), (4), (5) and (6)	Rights of entry in relation to inspections
Section 180	Inspections of LEAs: rights of entry, etc
Section 188 in so far as it relates to provisions of Schedule 16 below	School inspections
Section 189 in so far as it relates to provisions of Schedule 17 below	Amendments of Part 5 of Education Act 1997
Sections 191 to 194	Regional provision of education for children with special educational needs
Section 196	Publication and provision of material
Section 215(1) in so far as it relates to provisions of Schedule 21 below	Minor and consequential amendments
Section 215(2) in so far as it relates to provisions of Schedule 22 below	Repeals
Schedule 5	Schools causing concern
Schedule 10, Paragraphs 1, 6, 11 and 15	Establishment etc of schools: procedural changes
Schedule 12, Paragraphs 1, 2, 4(1) and (3), 6 and 7	General Teaching Council for Wales
Schedule 13, Paragraphs 1 to 3, 5, 6, 7(1), (3), 8	Regulation of childminding and day care
Schedule 16, Paragraphs 4 to 9	School inspections
Schedule 17, Paragraphs 5 (1) — (4), (6), 6 to 8 Wales	Qualifications, Curriculum and Assessment Authority for
Schedule 21, amendments	Minor and Consequential
Paragraph 8,
Paragraph 11,
Paragraph 13,
Paragraph 16,
Paragraph 19,
Paragraphs 20 and 21,
Paragraphs 31, 32 and 33,
Paragraph 45,
Paragraph 46 (except sub-paragraph (6)),
Paragraph 47 (except sub-paragraph (3)),
Paragraph 48,
Paragraph 51,
Paragraph 53,
Paragraph 57 (except sub-paragraph (a)),
Paragraph 59 (except sub-paragraph (a)) ,
Paragraph 66,
Paragraph 70,
Paragraph 74,
Paragraph 76 (except sub-paragraph (b)),
Paragraph 78,
Paragraph 81,
Paragraph 85 (except sub-paragraph (b)),
Paragraphs 87 and 88,
Paragraphs 95 and 96,
Paragraph 98(1) and (2) (except sub-paragraphs (b) and (c)),
Paragraph 99(1) and (3) (except sub-paragraph (a)),
Paragraphs 104 and 105,
Paragraphs 108 and 109,
Paragraph 113 (except sub-paragraphs (a) to (d), (f) and (g)),
Paragraph 114,
Paragraph 117,
Paragraph 118(1), (2), (3) (except sub-paragraph (b)), (4) (except sub-paragraph (a)(ii)) and (5),
Paragraph 126(1), (2) in so far as it relates to the amendments of paragraphs 21 and 29 of Schedule 7 to the Learning and Skills Act 2000(1) and (3) in so far as it relates to the amendment of paragraph 39 of Schedule 7 to the Learning and Skills Act 2000.
In Schedule 22, Part 2, the repeal of —	Repeals
Education Act 1997(2), in section 29, in subsection (2), paragraph (f) and the word “and” immediately preceding it, in section 32(3), the words “or approved” and the words “and subject to such conditions”;
In Schedule 22, Part 3, the repeal of —
Education (No. 2) Act 1986(3), section 49;
Children Act 1989(4), in section 79M(1), the word “or” at the end of paragraph (a), in section 79U, subsection (5) and in subsection (9), the definition of “authorised inspector” ;
Further and Higher Education Act 1992(5), in section 23(4), paragraph (b) and the word “and” immediately preceding it, sections 39 to 42, section 60;
Education Act 1996(6), sections 350 to 369, section 408(4)(a), in section 409(1), the words “with the approval of the Secretary of State and”;
School Inspections Act 1996(7), in section 6(3) the word “and” at the end of paragraph (a), in section 16(3) the word “and” preceding paragraph (d);
Teaching and Higher Education Act 1998(8), section 1(8), in section 3 the words “within the meaning of section 218(2) of the Education Reform Act 1988”;
School Standards and Framework Act 1998(9), section 16(4) and (13), in section 22(1), in paragraph (b) the words “under section 28 or 31” and in paragraph (c) the words “under section 28”, sections 86(3)(b) and 91, in Schedule 6, in paragraph 10(6), the words “or (5)”, in Schedule 28, paragraph 4(1);
Learning and Skills Act 2000(10), sections 130 to 132 and 148(2), in Schedule 9, paragraphs 26, 30, 35, 59(6)(b).

PART IIPROVISIONS COMING INTO FORCE ON 31ST MARCH 2003

PROVISION	SUBJECT MATTER
Sections 14 to 17 and 18(2)	Financial assistance for education and childcare
Sections 142 to 144	Teachers — misconduct
Section 146 in so far as it relates to the repeal of sections 218(2B), (6), (6ZA), (6A), (6B), (7) and 218A of the Education Reform Act 1988(11)	Repeal of sections 218 and 218A of Education Reform Act 1988
Section 148 in so far as it relates to provisions of Schedule 12 below	General Teaching Council for Wales
Section 149	Duties of LEA in respect of childcare
Section 150	Early years development and childcare partnerships and plans
Section 195 in so far as it relates to provisions of Schedule 18 below	Special Educational Needs Tribunals for Wales
Section 200	Remission of charges relating to residential trips
Section 201(1) except in so far as it relates to subsection (1)(c) of the new section 512 of the Education Act 1996, (2) and (3)	LEA functions concerning school lunches, milk, etc.
Section 215(1) in so far as it relates to provisions of Schedule 21 below	Minor and consequential amendments
Section 215(2) in so far as it relates to provisions of Schedule 22 below	Repeals
Schedule 12, Paragraph 12(1) and (2)	General Teaching Council for Wales
Schedule 18, Paragraphs 1, 4, 5 and 7, Paragraph 8 in so far as it inserts a new subsection (2) of section 28H of the Disability Discrimination Act 1995, Paragraphs 13 to 15	Special Educational Needs Tribunal for Wales
Schedule 21,	Minor and consequential amendments
Paragraph 9,
Paragraph 49,
Paragraph 54,
Paragraph 71 in so far as it relates to section 49(2) and (3) of the Education Act 1997,
Paragraph 72,
Paragraph 73,
Paragraph 75,
Paragraph 76 in so far as not already in force,
Paragraph 77,
Paragraph 83,
Paragraph 85 in so far as not already in force,
Paragraph 86,
Paragraph 120,
Paragraph 121,
Paragraph 122 except sub-paragraph (b),
Paragraph 123,
Paragraph 128.
In Schedule 22, Part 3, the repeal of —	Repeals
Education Reform Act 1988(12), sections 218 (2B), (6), (6ZA), (6A), (6B), (7) and 218A;
Children Act 1989(13), in section 19, subsections (1) and (2) and in subsection (4) the words “the two authorities, or in Scotland,”;
Education Act 1997(14), section 49(2) and (3);
Police Act 1997(15),
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, section 115 (6A)(a) (ii) and (iii);
Teaching and Higher Education Act 1998, in Schedule 2, paragraph 1(5);
School Standards and Framework Act 1998, section 115, in section 119(5), the word “and” at the end of paragraph (a), in section 120(2)(a) the words “of proposals” and “and” in section 121, in subsection (1), the words “the authority’s statement of proposals” and in subsection (9) the words “early years development”;
Protection of Children Act 1999(16), 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), in section 12(2) the definition of “the 1988 Act”;
Immigration and Asylum Act 1999(17), in Schedule 14, paragraph 117;
Criminal Justice and Court Services Act 2000(18), section 35(5), in Schedule 7, paragraph 83.

PART IIIPROVISIONS COMING INTO FORCE ON 1ST SEPTEMBER 2003

PROVISION	SUBJECT MATTER
Section 195 in so far as it relates to provisions of Schedule 18 below	Special Educational Needs Tribunal for Wales
Section 215(2) in so far as it relates to provisions of Schedule 22 below	Repeals
Schedule 18, Paragraphs 2, 3, 6, 8 (in so far as not already in force), 9 to 12 and 16 to 18	Special Educational Needs Tribunal for Wales
In Schedule 22, Part 2, the repeal of—	Repeals
Disability Discrimination Act 1995(19), section 28J(4);
Special Educational Needs and Disability Act 2001 (20), Section 42(2), in Schedule 8, paragraph 2.