Citation and interpretation

1.  (1)  This Order may be cited as the Education and Skills Act 2008 (Commencement No. 10 and Transitory Provisions) Order 2014.

(2) In this Order-

"the 2002 Act" means the Education Act 2002(2);

"the 2008 Act" means the Education and Skills Act 2008; and

"registration authority" has the meaning given to it in section 171 of the 2002 Act.

Provisions coming into force on 8th September 2014

2.  The following provisions of the 2008 Act come into force on 8th September 2014-

(a)section 106 (independent inspectorates) so far as not already in force;

(b)section 107 (quality assurance of independent inspectorates) so far as not already in force;

(c)section 128 (prohibition on participation in management) so far as not already in force;

(d)section 129 (directions under section 128: appeals) so far as not already in force;

(e)section 130 (directions under section 128: information) so far as not already in force;

(f)section 131 (directions under section 128: notification) so far as not already in force;

(g)section 138(1) (interpretation of Chapter 1 of Part 4) so far as not already in force and so far as necessary for the interpretation of provisions brought into force by this article or made under such provisions; and

(h)paragraph 12 of Schedule 1 (minor and consequential amendments) and section 169(1) so far as it relates to that amendment.

Transitory provisions in connection with the commencement of sections 106 and 128 of the 2008 Act

3.  (1)  Until the coming into force of section 95(1) of the 2008 Act (register of independent educational institutions for England) for all purposes, the provisions of the 2008 Act referred to in sub-paragraphs (a) and (b) have effect subject to the modifications specified in those sub-paragraphs-

(a)sections 106 and 128 have effect as if references in each of them to an independent educational institution were references to an independent school entered in the register referred to in section 158(1)(a) of the 2002 Act; and

(b)section 138(1) of the 2008 Act has effect as if the reference in the definition of "the register" to the register of independent educational institutions in England kept by the Secretary of State under section 95 of the 2008 Act were a reference to the register of independent schools in England referred to in section 158(1)(a) of the 2002 Act.

(2) Until the coming into force of section 109(3) of the 2008 Act (duty to inspect registered institution on direction of Secretary of State) for all purposes, a body approved by the Secretary of State for the purposes of section 106 of the 2008 Act is to be treated as a body approved by the registration authority under section 162A(1)(b) of the 2002 Act.

EXPLANATORY NOTE

(This note is not part of the Order)

This commencement order is made under the Education and Skills Act 2008 ("the 2008 Act").

Article 2 brings into force on 1st September 2014 the following provisions of the 2008 Act to the extent set out in that article-

(a)section 106 (approval of independent inspectorates) and section 107 (quality assurance of independent inspectorates);

(b)section 128 (power to make a direction prohibiting a person from participating in the management of an independent school), section 129 (right of appeal in relation to a direction made under section 128), section 130 (provision of information which is relevant to the exercise of functions under section 128 or by virtue of section 129) and section 131 (duty to notify the Secretary of State and the Welsh Ministers of a direction made, varied or revoked under section 128);

(c)section 138(1) (interpretation);

(d)paragraph 12 of Schedule 1 (minor and consequential amendments) and section 169(1) so far as it relates to that amendment.

Article 3 contains transitory provisions in connection with the commencement of sections 106 and 128 of the 2008 Act. Two provisions will have effect until section 95(1) of the 2008 Act (register of independent educational institutions) is brought into force for all purposes. The other will have effect until section 109(3) of the 2008 Act (duty to inspect registered institution on direction of Secretary of State) is brought into force for all purposes.

Until section 95(1) of the 2008 Act is brought into force for all purposes, references in sections 106 and 128 of the 2008 Act to an independent educational institution are modified to refer to an independent school. The definition of "the register" in section 138(1) of the 2008 Act is modified to refer to the register of independent schools referred to in section 158(1)(a) of the Education Act 2002.

Until section 109(3) of the 2008 Act (duty to inspect registered institution on direction of Secretary of State) is brought into force for all purposes a body approved by the Secretary of State for the purposes of section 106 of the 2008 Act is to be treated as a body approved by the registration authority under section 162A(1)(b) of the Education Act 2002.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)