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The Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 7) Order 2004

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Scottish Statutory Instruments

2004 No. 528 (C.39)

EDUCATION

The Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 7) Order 2004

Made

1st December 2004

The Scottish Ministers, in exercise of the powers conferred on them by section 61(2) of the Standards in Scotland’s Schools etc. Act 2000(1), hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 7) Order 2004.

(2) In this Order “the Act” means the Standards in Scotland’s Schools etc. Act 2000.

Appointed day

2.  31st December 2004 is the day appointed for the coming into force of the following provisions of the Act insofar as not already in force:–

(a)section 44 (further provision as respects placing requests); and

(b)section 60 (amendments and repeals) other than the words “In section 19(6)(c)(i), the words “7A,”” in relation to the entry for the Race Relations Act 1976(2) in Schedule 3 to the Act.

PETER J PEACOCK

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st December 2004

Explanatory Note

(This note is not part of the Order)

Article 2 brings into force the remaining provisions of sections 44 and 60 of the Standards in Scotland’s Schools etc. Act 2000 (“the 2000 Act”).

Section 44 of the 2000 Act makes further provision with respect to placing requests and makes amendments to section 28A of the Education (Scotland) Act 1980 (c. 44), as amended. The majority of section 44 was commenced by the Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 3 and Transitional Provisions) Order 2000 (S.S.I. 2000/361) (“the 3rd Order”), except the words from “or (vii)” to “numbers;” in subsection (4). Article 2(a) commences those words, with effect from 31st December 2004. This adds a further exception to the duty of an education authority to accede to a parent’s request that their child be placed in a specified school.

Section 60 of the 2000 Act introduces Schedules 2 and 3 of that Act which contain consequential amendments and repeals. Commenced partially by section 61(2) of the 2000 Act, the Standards in Schools etc. Act 2000 (Commencement No. 2 and Transitional Provisions) Order 2000 (S.S.I. 2000/298) and the 3rd Order, the remaining provisions mostly relate to amendments and repeals consequent on the ending of self governing status of schools. Article 2(b) commences those amendments and repeals, with effect from 31st December 2004, other than the repeal related to section 19(6)(c)(i) of the Race Relations Act 1976 (c. 74). Section 19 of that Act was repealed by Schedule 3, paragraph 1 of the Race Relations (Amendment) Act 2000 (c. 34).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

ProvisionDate of CommencementS.S.I. No.
Section 2228th July 20002000/258
Section 923rd August 20002000/298
Section 10
Section 28
Section 60(1) (partially)
Sections 1-8, 11-14, 16-21, 24-27,29-31, 38, 40-4313th October 20002000/361
Section 44 (other than the words from “or (vii)” to “numbers;” in section 44(4))
Section 45
Section 46 (partially)
Sections 47 and 48
Section 49 (partially)
Section 51 (partially)
Section 52 (partially)
Sections 53 and 54
Sections 56-59
Section 60 (partially)
Section 46 (so far as not already in force)1st November 20012000/361
Section 50 (partially)
Section 51 (so far as not already in force)
Section 52 (so far as not already in force)
Section 60 (partially)
Section 5523rd March 20012001/102
Section 324th March 20022002/72
Section 33
Section 34
Section 35
Section 36
Section 37
Section 391st April 20022002/72
Section 151st August 20032003/84
(2)

1976 c. 74; section 19 was repealed by paragraph 1 of Schedule 3 to the Race Relations (Amendment) Act 2000 c. 34.

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