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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (Commencement No. 2 and Transitional Provisions) Order 2005 No. 570 (C.29) URL: http://www.bailii.org/scot/legis/num_reg/2005/20050570.html |
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| Made | 10th November 2005 |
Appointed day for commencement of Part 2 and Part 3 of, and schedules 1 and 2 to, the Act
2.
Subject to article 3(2), the appointed day for the coming into force of the following provisions of the Act is 31st December 2005–
Transitional Provisions
3.
—(1) Where, immediately before 31st December 2005, the registration of an independent school is provisional only under the 1980 Act,[5] that school's registration shall be treated for all purposes as if an application for registration in respect of it had been granted on that date under section 98A(3) of the 1980 Act[6].
(2) In respect of any provider of full-time education to pupils of school age who, immediately before 31st December 2005, is neither registered nor provisionally registered as an independent school, and who is providing such education to fewer than five pupils, the provisions commenced by this Order shall not apply until 30th June 2006.
ROBERT E BROWN
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
10th November 2005
| Provision | Date of Commencement |
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(a) Part 1 |
31st January 2005 |
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(b) section 8(1) of Part 3, but only so far as relating to provisions of schedule 1 mentioned below |
31st January 2005 |
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(c) paragraphs 1(8)(b), 1(8)(c) and paragraph 2 of schedule 1 |
31st January 2005 |
[3] Section 8(1) of Part 3 was brought partially into force on 31st January 2005 by the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (Commencement No. 1) Order 2005 (S.S.I. 2005/10).back
[4] Paragraphs 1(8)(b), 1(8)(c) and 2 of Schedule 1 were brought into force on 31st January 2005 by S.S.I. 2005/10.back
[5] Section 98 of the 1980 Act deals with the registration of independent schools. The definition in section 135 of the 1980 Act of a "provisionally registered school" means an independent school registered in the register of independent schools whereof the registration is provisional only. That definition is repealed by section 8(2) of, and schedule 2 to, the Act.back
[6] Section 4(2) of the Act substituted section 98A of the 1980 Act with a replacement section 98A. The substituted section 98A(3) makes provision for the granting of an application for registration.back
