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The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006

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Explanatory Note

(This note is not part of the Regulations)

These Regulations make transitional provision in connection with the bringing into force of provisions of the Education Act 2002 by the Education Act 2002 (Commencement No. 8) (Wales) Order 2006. Those provisions amend the School Standards and Framework Act 1998 (“the 1998 Act”) in relation to the determination of admission arrangements, and the making of objections to admission arrangements. These Regulations provide that the amended provisions do not apply until the school admission year 2008-09.

These Regulations amend section 98 of the 1998 Act so as to refer to section 92 of the 1998 Act, as substituted by the Education Act 2002, and provide that any regulations made under section 92 of the 1998 Act before 1 February 2006 are to have effect as if they had been made under the new section 92 of the 1998 Act.

These Regulations also amend the Education (School Organisation Proposals) (Wales) Regulations 1999, the Change of Category of Maintained Schools (Wales) Regulations 2001 and the School Organisation proposals by the National Council for Education and Training for Wales Regulations 2004. These amendments are consequential on the repeal of the provisions of the 1998 Act relating to standard numbers and the introduction by the National Assembly for Wales of a new method of assessing the capacity of a school for the purposes of the new provisions on determining admission arrangements introduced by the Education Act 2002. The Regulations also revoke the School Standards and Framework Act 1998 (Admissions and Standard Numbers) (Modification) Regulations 1999 which are spent.

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