The Education Act 2002 (Commencement No.9 and Savings) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force certain provisions of the Education Act 2002, except in relation to Wales, on 6th November 2006.

Article 2 contains the provisions to be commenced. The commencement of the remainder of section 18 repeals miscellaneous grant making powers for local authorities in section 486 of the Education Act 1996.

Sections 136 to 138 and 140 provide regulation making powers in relation to the provision of further education.

The commencement of the remainder of section 146 of the 2002 Act repeals further subsections of section 218 of the Education Reform Act 1988. To take account of these repeals, consequential amendments contained in Schedule 21 and consequential repeals contained in Schedule 22 are also commenced.

Sections 154(3), 158(3), and 178, together with paragraph 7 of Schedule 12 and paragraphs 79 and 125 of Schedule 21 are provisions relating to Wales. These provisions have already been commenced by the National Assembly for Wales and are being commenced by the Secretary of State to ensure that they are fully commenced.

Schedule 12 is now commenced in full. The provisions commenced here make various amendments to the Teaching and Higher Education Act 1998.

Paragraph 3(5) of Schedule 12 inserts new sub-sections 3(3A)–(3D); this introduces regulation making powers for new procedures related to provisional registration. Paragraphs 3(3), 4(4), 8, 10 and 12(3) are also now all fully commenced to include the term ‘provisional registration’.

Paragraph 4(2) inserts a new sub-section 4(2)(ba); this gives power to make regulations providing for the service on applicants for registration of notice of the General Teaching Council’s decision to grant or refuse their application, the grounds on which the decision was taken, and of their right to appeal.

Paragraph 5 inserts a new section 4A; this gives the power to make regulations to provide a right of appeal to the High Court where a person is aggrieved by a decision to refuse an application to be registered.

Article 3 makes transitional and saving provisions to ensure that the Further Education Teachers’ Qualifications (England) Regulations 2001 shall remain in force until new regulations are made under section 136(a) which is also commenced by this order.