The Education (No. 2) Act 1986 (Commencement No. 2) Order 1987

SCHEDULE 3 TRANSITIONAL PROVISIONS

1.—(1) Subject to sub-paragraph (2) below, this paragraph applies in relation to every county, voluntary and maintained special school.

(2) This paragraph —

(a) shall not apply in relation to a school unless, immediately before 1st September 1987, there were in force for the school —

(i) an instrument of government made under section 17 of the 1944 Act or section 2 of the 1968 (No. 2) Act; or an arrangement made under section 3 of the 1980 Act; and

(ii) articles of government made under section 17 of the 1944 Act or section 2 of the 1968 (No. 2) Act; and

(b) shall cease to apply in relation to a school on whichever is the earliest of the following dates:—

(i) the date of the coming into force of an instrument of government for the school made under the Act;

(ii) the date of the coming into force of articles of government for the school made under the Act;

(iii) the relevant date.

(3) In sub-paragraph (2)(b)(iii) above, “the relevant date” means, in relation to any county or maintained special school, 1st September 1988; or, in relation to any voluntary school, 1st September 1989.

(4) During such time as this paragraph applies in relation to a school —

(a) the instrument of government or (as the case may be) arrangement for the school, and the articles of government for the school, shall continue in force and be treated as having been made under the Act;

(b) Article 3 of this Order, so far as it brings into force —

(i) sections 3 to 7, 8(2) to (5), 11, 13 to 15, 16(1) and (3), 18 and 19, 21 to 27, 34 to 42 and 57 of the Act;

(ii) paragraphs 3 to 5 of Schedule 1 to the Act; and

(iii) Schedule 3 to the Act;

shall not apply in relation to the school;

(c) subsection (4) of section 22 of the 1944 Act shall, notwithstanding the bringing into force by this Order of paragraph 2 of Schedule 4 to the Act (which amends that subsection), continue to have effect in relation to the school as though paragraph 2 of that Schedule had not come into force;

(d) the repeals of the enactments referred to in the Appendix to this Schedule shall not affect the operation of those enactments in relation to the school; and

(e) the requirements contained in sections 29 and 32 of the Act shall have effect, in relation to the school, as though they were requirements imposed directly by those sections, instead of requirements to be imposed under the articles of government for the school.

2.—(1) This paragraph applies in relation to county, voluntary and maintained special schools and shall have effect until 1st September 1989.

(2) Subsections (9) and (10) of section 8 of the Act shall have effect as though the references in those subsections to an instrument of government included references to an arrangement made under section 3 of the 1980 Act.

3.—(1) Article 3 of this Order, so far as it brings into force section 12 of, and Schedule 2 to, the Act, shall not apply in relation to a new school if the date on which the relevant proposal falls to be implemented is earlier than 1st April 1988.

(2) Subject to sub-paragraph (1) above, where a local education authority have, by a resolution passed before 1st September 1987, resolved to establish a new special school, subsection (3)(b) of section 12 of the Act shall, in relation to that new special school, have effect with the substitution for the words “the day on which their resolution to establish the school is passed”, of the words “1st October 1987”.

4.—(1) This paragraph applies in relation to county, controlled, special agreement and maintained special schools.

(2) The procedures laid down in the articles of government for such a school by virtue of sections 37 to 39 of the Act shall not apply in relation to the filling of any vacancy in a post at such a school occurring before the date on which the articles of government came into force, if arrangements have been made for any of the candidates for the post to be interviewed on a date earlier than one month after the date on which those articles came into force and the candidates concerned were, before those articles came into force, informed of those arrangements.

(3) Where, by reason of sub-paragraph (2) above, the procedures laid down by the articles of government for a school by virtue of sections 37 to 39 of the Act do not apply in relation to the filling of a particular vacancy in a post at a school, that vacancy shall be filled in accordance with the procedures which would have applied in relation to the filling of such a vacancy immediately before the coming into force of those articles.

APPENDIX TO SCHEDULE 3

Chapter	Short title	Extent of repeal
1944 c. 31.	The Education Act 1944.	Section 21(1).
		Section 23.
		Section 24(1).
		In section 27(3), from “but before” to end.
1968 c. 37.	The Education (No. 2) Act 1968.	Section 2(5).
1980 c. 20.	The Education Act 1980.	Section 2.
		Section 3(4).