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2003 No. 1667 (C. 69)

EDUCATION, ENGLAND

The Education Act 2002 (Commencement No.6 and Transitional and Saving Provisions) Order 2003

  Made 30th June 2003 

In exercise of the powers conferred on the Secretary of State by section 216(2), (4) and (5) of the Education Act 2002[1], the Secretary of State for Education and Skills hereby makes the following Order:

Citation and Interpretation
     1.  - (1) This Order may be cited as the Education Act 2002 (Commencement No. 6 and Transitional and Saving Provisions) Order 2003.

    (2) In this Order  - 

Provisions coming into force on 1st August 2003
     2. The following provisions of the 2002 Act shall come into force on 1st August 2003:

in Schedule 21, paragraphs 17, 56 and 119;

in Schedule 22, Part 1 to the extent that it is not already in force.

    
3. The following provisions of the 2002 Act shall come into force except in relation to Wales on 1st August 2003:

in Schedule 12 -

in Schedule 21 -

in Schedule 22, the repeal of -

Provisions coming into force on 1st September 2003
    
4. The following provisions of the 2002 Act shall come into force except in relation to Wales on 1st September 2003:

in Schedule 22, the repeal of -

Provisions coming into force on 1st October 2003
     5. The following provisions of the 2002 Act shall come into force except in relation to Wales on 1st October 2003:

Transitional and saving provisions
    
6. The Schedule to this Order shall have effect for the purposes of making transitional and saving provisions in relation to the provisions to which it refers.


David Miliband
Minister of State, Department for Education and Skills

30th June 2003



SCHEDULE
Article 6


TRANSITIONAL AND SAVING PROVISIONS


Communication in schools
     1. Despite the coming into force of section 38(2)(b) of the 2002 Act, the academic years in respect of which comparative statistics must be included in a report shall not include any year beginning before 1st August 2002 (so that the report in respect of 1st August 2003 to 31st July 2004 will include comparative statistics in respect of the preceding year only).

Health hazards in FE institutions
     2. Despite the repeal of section 218(1)(e) of the Education Reform Act 1988, regulations 4, 5 and 7 of, and Schedule 1 to the Education (Schools and Further and Higher Education) Regulations 1989 [
3] shall remain in force.

Teachers' qualifications and health standards
     3. Despite the repeal of section 218(5) of the Education Reform Act 1988, regulations 5, 6 and 7 (and regulation 3 to the extent that it relates to those regulations) of the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 [4] shall remain in force.

Saving of existing instruments of government
     4. Despite the coming into force of section 19(1) of the 2002 Act and the repeal of section 36(1) of and Schedule 9 to the 1998 Act, all instruments of government of maintained schools shall remain in force until replaced by a new instrument of government made in accordance with the School Governance (Constitution) Regulations 2003 [5].

Maintained nursery schools and delegated budgets
     5. The application of Chapter 4 of Part 2 of the 1998 Act to maintained nursery schools made by the amendment of section 45 of that Act by paragraph 99 of Schedule 21 to the 2002 Act, shall have effect in the period ending immediately before 1st April 2004 only for the purpose of the financing of maintained nursery schools in any financial year beginning on and after that date.

Independent schools
     6. Despite the coming into force of section 165 of the 2002 Act, that section (except for subsections (1), (2), (12) and (13)) shall not apply until 1st September 2005 to any school which was on 31st August 2003 provisionally registered pursuant to section 465(3) of the Education Act 1996.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force certain provisions of the Education Act 2002 on 1st August, September, and October 2003. The provisions are listed in articles 2, 3, 4, and 5.

Article 2 relates to provisions concerning the power to make the Teachers' Pay and Conditions document.

Article 3 relates to qualified teacher status, the requirement to be qualified and registered, health and fitness of teachers, GTCE powers and records and hazardous material in FE institutions.

Article 4 relates to the new framework for school governance in Part 3 of the 2002 Act (except for sections 31 and 38), and power to make regulations on allowances in respect of education or training.

Article 5 relates to communication with schools and head teacher qualifications.

The provisions listed in article 2 are non-devolved (teachers' pay and conditions). They are brought into force for all purposes in accordance with the Secretary of State's power in section 216(2). The provisions listed in articles 3, 4 and 5 are brought into force for England only, in accordance with the Secretary of State's power in section 216(4).

Article 6 and the Schedule relate to transitional provisions in relation to the existing regulation on health hazards in FE institution and teachers' qualifications and health standards, the saving of existing instruments of government, financing of maintained nursery schools for the remainder of this financial year, and provisionally registered independent schools.



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:

Provision Date of Commencement S.I. No.
Section 1 (partially), as to England 1st October 2002 2002/2439
Sections 2 to 5, as to England 1st October 2002 2002/2439
Sections 11 and 12, as to England 20th January 2003 2002/2952
Sections 14 to 17, as to England 1st October 2002 2002/2439
Sections 14 to 17 and 18(2), as to Wales 31st March 2003 2002/3185 (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 England 1st April 2003 2003/124
Section 19(2) to (5) and (7), as to England 1st March 2003 2003/124
Section 19(6), as to England 1st October 2002 2002/2439
In section 19(8), the words "regulations under this section may include provision with respect to the governing body of federations", as to England 1st April 2003 2003/124
Section 20(2) and (3), as to England 1st March 2003 2003/124
In section 20(4), the words "regulations under subsection (2) may include provision with respect to instruments of government for federations", as to England 1st April 2003 2003/124
Section 21(3), as to England 1st March 2003 2003/124
Section 23, as to England 1st March 2003 2003/124
Section 24(1), for the purpose of making regulations only, as to England 1st April 2003 2003/124
Section 24(2) to (6), as to England 1st April 2003 2003/124
Section 25, as to England 1st April 2003 2003/124
Section 26, as to England 1st March 2003 2003/124
Sections 27 and 28, as to England 2nd September 2002 2002/2002 as amended by 2002/2018
Section 30, as to England 1st October 2002 2002/2439
Section 33(3), as to England 1st March 2003 2003/124
Section 34, as to England 1st April 2003 2003/124
Section 35(4) and (5), as to England 1st April 2003 2003/124
Section 36(4) and (5), as to England 1st April 2003 2003/124
Section 37, as to England 1st October 2002 2002/2439
Section 39(1)(partially), as to England 1st October 2002 2002/2439
In section 39(1), the definition of "federation" and "federated school", as to England 1st April 2003 2003/124
Section 39(2), as to England 1st October 2002 2002/2439
Section 40, as to England 2nd September 2002 2002/2002
Section 41(1) and (3), as to England 1st October 2002 2002/2439
Section 42, as to England 1st October 2002 2002/2439
Section 43, as to England 2nd September 2002 2002/2002
Section 44(1) to (6), as to England 1st April 2003 2003/124
Section 45, as to England 1st April 2003 2003/124
Section 46, as to England 20th January 2003 2002/2952
Sections 47 to 49, as to England 1st October 2002 2002/2439
Section 49, as to Wales 19th December 2002 2002/3185 (W.301)
Section 50, as to England 20th January 2003 2002/2952
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 England 20th January 2003 2002/2952
Sections 54 to 59, as to England 2nd September 2002 2002/2002
Sections 54 to 56, as to Wales 19th December 2002 2002/3185 (W.301)
Sections 60 and 61, as to England 26th July 2002 2002/2002
Sections 62 to 64, as to England 1st October 2002 2002/2439
Section 65 26th July 2002 2002/2002
Section 66 20th January 2003 2002/2952
Sections 67 to 69 26th July 2002 2002/2002
Section 70, as to England 1st June 2003 2003/1115
Section 71, as to England 1st June 2003 2003/1115
Section 73, as to England 1st June 2003 2003/1115
Section 72, as to England 1st April 2003 2003/124
Section 74(1), as to England 1st June 2003 2003/1115
Section 74(2) and (3), as to England 1st April 2003 2003/124
Section 75 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 75 (partially), as to England 1st April 2003 2003/124
Section 75, (fully), as to England 1st June 2003 2003/1115
Section 76 and 77 1st October 2002 2002/2439
Section 78 (partially)

(fully)

26th July 2002

1st October 2002

2002/2002

2002/2439

Sections 79 to 96, 1st October 2002 2002/2439
Sections 97, 98, 99(1), 19th December 2002 2002/3185 (W.301)
Section 100 (partially), 19th December 2002 2002/3185 (W.301)
Section 101 (partially), 19th December 2002 2002/3185 (W.301)
Sections 103, 105 to 107, 19th December 2002 2002/3185 (W.301)
Section 108 (partially), 19th December 2002 2002/3185 (W.301)
Sections 109, 111 to 118, 19th December 2002 2002/3185 (W.301)
Section 119 1st October 2002 2002/2439
Section 120(1), and (3) to (5) 1st October 2002 2002/2439
Section 121 1st October 2002 2002/2439
Section 130 (partially) 1st October 2002 2002/2439
Section 131, as to England 1st October 2002 2002/2439
Section 131, as to Wales 19th December 2002 2002/3185 (W.301)
Section 132 and 133 as to Wales 19th December 2002 2002/3185 W.301)
Section 134 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 135, as to Wales 19th December 2002 2002/3185 (W.301)
Section 141, as to Wales 19th December 2002 2002/3185 (W.301)
Sections 142 to 144, as to Wales 31st March 2003 2002/3185 (W.301)
Sections 142 to 144, as to England 1st June 2003 2003/1115
Section 145, as to Wales 19th December 2002 2002/3185 (W.301)
Section 146 (partially), as to Wales 31st March 2003 2002/3185 (W.301)
Section 146 (partially), as to England 1st June 2003 2003/1115
Section 148 (partially), as to England 1st October 2002 2002/2439
Section 148 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 148 (partially), as to Wales 31st March 2003 2002/3185 (W.301)
Section 149, as to England 1st October 2002 2002/2439
Section 149, as to Wales 31st March 2003 2002/3185 (W.301)
Section 150, as to England 1st October 2002 2002/2439
Section 150, as to Wales 31st March 2003 2002/3185 (W.301)
Section 151(1), as to England 1st October 2002 2002/2439
Section 151(2), as to Wales 19th December 2002 2002/3185 (W.301)
Section 152 (partially), as to England 2nd September 2002 2002/2002
Section 152 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 153, as to England 1st April 2003 2003/124
Section 154(1) and (2), as to England 1st June 2003 2003/1115
Section 155 (partially), as to England

(fully), as to England

2nd September 2002

1st October 2002

2002/2002

2002/2439

Section 156, as to England 1st October 2002 2002/2439
Section 177, as to England 1st October 2002 2002/2439
Section 178(1) and (2), as to England 1st October 2002 2002/2439
Section 178(3), as to England 20th January 2003 2002/2952
Section 179, as to England 1st October 2002 2002/2439
Section 179 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 180, as to England 1st October 2002 2002/2439
Section 180, as to Wales 19th December 2002 2002/3185 (W.301)
Section 187, as to England 1st October 2002 2002/2439
Section 188 (partially), as to England 1st October 2002 2002/2439
Section 188 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply except in relation to Wales 1st October 2002 2002/2439
Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply in relation to Wales 19th December 2002 2002/3185 (W.301)
Section 191 to 194, as to Wales 19th December 2002 2002/3185 (W.301)
Section 195 (partially), as to Wales 31st March 2003 2002/3185 (W.301)
Section 195 (partially), as to Wales 1st September 2003 2002/3185 (W.301)
Section 196, as to Wales 19th December 2002 2002/3185 (W.301)
Section 199, as to England 20th January 2003 2002/2952
Section 200, as to Wales 31st March 2003 2002/3185 (W.301)
Section 200, as to England 6th April 2003 2003/124
Section 201 (partially), as to Wales 31st March 2003 2002/3185 (W.301)
Section 201 (partially), as to England 6th April 2003 2003/124
Section 204, as to England 2nd September 2002 2002/2002
Sections 205 and 206, as to England 1st October 2002 2002/2439
Sections 207 and 208, as to England 1st April 2003 2003/124
Section 209 1st April 2003 2003/124
Section 215 (partially), as to England 26th July 2002 2002/2002
(partially), as to England 2nd September 2002 2002/2002
(partially), as to England 1st October 2002 2002/2439
(partially), as to Wales 19th December 2002 2002/3185 (W.301)
(partially), as to England 20th January 2003 2002/2952
(partially), as to Wales 31st March 2003 2002/3185 (W.301)
(partially), as to Wales 1st September 2003 2002/3185 (W.301)
(partially), as to England 1st March 2003 2003/124
(partially), as to England 1st April 2003 2003/124
(partially), as to England 6th April 2003 2003/124
(partially), as to England 1st June 2003 2003/1115
Schedule 1, (partially), as to England

(fully), as to England

2nd September 2002

1st October 2002

2002/2002

2002/2439

Schedule 3, paragraphs 1 to 5, as to England 2nd September 2002 2002/2002
Schedule 4, paragraphs 1, 3, 5 to 7, 10, 11, 13 and 14, as to England 1st October 2002 2002/2439
Schedule 4, (fully), as to England 20th January 2003 2002/2952
Schedules 5 and 6, as to England 2nd September 2002 2002/2002
Schedule 5, as to Wales 19th December 2002 2002/3185 (W.301)
Schedule 7 26th July 2002 2002/2002
Schedule 8 1st June 2003 2003/1115
Schedule 9, as to England 1st April 2003 2003/124
Schedule 10, paragraphs 1, 6, 11 and 15, as to Wales 19th December 2002 2002/3185 (W.301)
Schedule 10, paragraphs 1, 6 and 11 to 15, as to England 1st April 2003 2003/124
Schedule 10, (fully), as to England 1st June 2003 2003/1115
Schedule 11 1st October 2002 2002/2439
Schedule 12, paragraphs 1, 2, 4(1), and (3), 6, 9, 11 and 12(1) and (2), as to England 1st October 2002 2002/2439
Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7, as to Wales 19th December 2002 2002/3185 (W.301)
Schedule 12, paragraphs 12(1) and (2), as to Wales 31st March 2003 2002/3185 (W.301)
Schedule 13, paragraphs 1 to 3, as to England

paragraphs 4 and 5, as to England

paragraphs 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 Wales 19th December 2002 2002/3185 (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 2002 2002/2439
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 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 20th January 2003 2002/2952
Schedule 20, as to England 1st October 2002 2002/2439
Schedule 21 (partially), as to England 2nd September 2002 2002/2002
(partially), as to England 1st October 2002 2002/2439
(partially), as to Wales 19th December 2002 2002/3185 (W.301)
(partially), as to England 20th January 2003 2002/2952
(partially), as to Wales 31st March 2003 2002/3185 (W.301)
(partially) as to England 1st March 2003 2003/124
(partially) as to England 1st April 2003 2003/124
(partially), as to England 1st June 2003 2003/1115
Schedule 22, (partially), as to England 26th July 2002 2002/200
(partially), as to England 2nd September 2002 2002/2002
(partially), as to England 1st October 2002 2002/2439
(partially), as to Wales 19th December 2002 2002/3185 (W.301)
(partially), as to England 20th January 2003 2002/2952
(partially), as to Wales 31st March 2003 2002/3185 (W.301)
(partially), as to Wales 1st September 2003 2002/3185 (W.301)
(partially) as to England 1st April 2003 2003/124
(partially), as to England 6th April 2003 2003/124
(partially) as to England 1st June 2003 2003/1115


Notes:

[1] 2002 (c. 32).back

[2] 1998 ( c. 31)back

[3] SI 1989/351back

[4] SI 1999/2166back

[5] SI 2003/348back



[a] Amended by Correction Slip. In article 4 on page 4 of the Order, the reference to "section 329A(1)(a)" should read "section 329(a)(13)(a)".

Note: this Correction Slip supersedes a previous Correction Slip issued in July 2003.
back



ISBN 0 11 046678 0


  Prepared 7 July 2003


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