The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make transitional provisions in connection with the bringing into force of provisions of the Education Act 2002 by the Education Act 2002 (Commencement No. 5) (Wales) Order 2004. They also make consequential amendments.

References below to sections and Schedules (without more) are references to sections of and Schedules to the Education Act 2002.

Regulation 3 makes provision in connection with the coming into force of section 21 (general responsibility for conduct of schools) and section 30 (governors' reports and other information). Until the definition of maintained school in section 39 (which includes a maintained nursery school) comes into force, the references in sections 21 and 30 to a maintained school are to have effect as if they were references to a maintained school as defined in the School Standards and Framework Act 1998 (“the 1998 Act”), which does not include a maintained nursery school.

Regulation 4 amends section 127 of the 1998 Act by adding to the list of relevant functions to be covered by the Code of Practice on effective relationships between LEAs and schools, reports by governing bodies and head teachers made under section 30. The new paragraph (n) that is prospectively inserted in section 127(6) of the 1998 Act by paragraph 110(3)(c) of Schedule 21 is defective, and it is not intended that paragraph 110(3)(c) be brought into force in relation to Wales in so far as it relates to paragraph (n).

Regulation 5 provides that until Schedule 23 to the 1998 Act is repealed (which makes provision in relation to standard numbers for admission to maintained schools), the references in paragraph 2 of that Schedule to proposals made under provisions of the 1998 Act are to have effect as though they were references to proposals made under any enactment. This will include proposals made in relation to sixth forms by the National Council for Education and Training for Wales under section 113A of the Learning and Skills Act 2000 (as inserted by section 72).

Regulation 6 amends the Education (Inspection of Nursery Education) (Wales) Regulations 1999 consequential on the coming into force of Schedule 14 so as to refer to inspections by members of the Inspectorate, as well as by registered nursery inspectors.