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Education Act 2002
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Changes and effects yet to be applied to Section 197:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act Education Acts modified by 2006 c. 40 Sch. 6 para. 3(3)
- Act applied by S.I. 2005/397 reg. 2
- Act modified by 2005 c. 18 s. 96(2)
- Act text amended by S.I. 2010/1158 Sch. 2 para. 11(2)(3)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2A inserted by 2004 c. 4 s. 8(6)(8)
- s. 5A inserted by 2004 c. 4 s. 8(7)(8)
- s. 23A inserted by 2006 c. 40 s. 34
- s. 28A inserted by 2005 c. 18 s. 105
- s. 29A inserted by 2008 c. 25 s. 154
- s. 29B inserted by 2008 c. 25 s. 157
- s. 30A inserted by 2005 c. 18 s. 104
- s. 30A repealed by 2011 c. 21 s. 32(1)
- s. 51A inserted by 2011 c. 21 s. 4(2)
- s. 62A applied (with modifications) by S.I. 2007/2979 Sch. 1 para. 18(1)
- s. 62A inserted by 2006 c. 40 Sch. 7 para. 20
- s. 62A(1A)-(1C) inserted by 2009 c. 22 s. 204(2)
- s. 62A(4) words inserted by 2009 c. 22 s. 204(3)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 Sch. 8 para. 20(b)
- s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
- s. 116A inserted by 2009 nawm 1 s. 4
- s. 116B inserted by 2009 nawm 1 s. 5
- s. 116C inserted by 2009 nawm 1 s. 6
- s. 116D inserted by 2009 nawm 1 s. 7
- s. 116E inserted by 2009 nawm 1 s. 8
- s. 116F inserted by 2009 nawm 1 s. 9
- s. 116G inserted by 2009 nawm 1 s. 10
- s. 116H inserted by 2009 nawm 1 s. 11
- s. 116I inserted by 2009 nawm 1 s. 12
- s. 116J inserted by 2009 nawm 1 s. 13
- s. 116J(5)(b)(c) omitted by 2011 nawm 7 s. 9(3)(b)(ii)
- s. 116J(5)(aa) inserted by 2011 nawm 7 s. 9(3)(b)(i)
- s. 116K inserted by 2009 nawm 1 s. 14
- s. 116L inserted by 2009 nawm 1 s. 15
- s. 116M inserted by 2009 nawm 1 s. 16
- s. 116N inserted by 2009 nawm 1 s. 17
- s. 116O inserted by 2009 nawm 1 s. 18
- s. 135A-135C and cross heading inserted by 2011 c. 21 s. 9
- s. 135A(1)(d) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(a)
- s. 135A(2)(k) words substituted by 2011 c. 21 Sch. 13 para. 13(2)(b)
- s. 135A(5) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(c)
- s. 141A-141E and cross heading inserted by 2011 c. 21 s. 8(1)
- s. 141A(1)(ba) inserted by 2011 c. 21 Sch. 13 para. 13(3)
- s. 141D(4) words inserted by 2011 c. 21 Sch. 13 para. 13(4)
- s. 141F-141H and cross heading inserted by 2011 c. 21 s. 13(1)
- s. 156A inserted by 2008 c. 25 Sch. 1 para. 15
- s. 162A 162B inserted by 2005 c. 18 Sch. 8 para. 2
- s. 162A repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162A(4) repealed by 2006 c. 40 Sch. 14 para. 73(2) Sch. 18 Pt. 5
- s. 162A(5) text amended by 2006 c. 40 Sch. 14 para. 73(3)
- s. 162B repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162B(8) repealed by 2006 c. 40 Sch. 14 para. 74 Sch. 18 Pt. 5
- s. 167A-167D inserted by 2006 c. 40 s. 169
- s. 167A(6)(a) repealed by 2008 c. 25 Sch. 1 para. 22(a) Sch. 2
- s. 167A(6)(b) text amended by 2008 c. 25 Sch. 1 para. 22(b) Sch. 2
- s. 167B(1) text amended by S.I. 2008/2833 Sch. 3 para. 196
- s. 167C amendment to earlier affecting provision 2008 c. 25Sch. 1 para. 23 by 2011 c. 21 Sch. 2 para. 20(b)
- s. 167C 167D substituted by 2008 c. 25 Sch. 1 para. 23
- s. 167C text amended by 2009 c. 26 s. 81(2)s. 81(3)(k)
- s. 167C text amended by 2009 c. 26 s. 81(4)(a)
- s. 168A-168C inserted by 2006 c. 40 s. 172(2)
- s. 208A inserted by 2009 c. 22 Sch. 6 para. 55
- s. 208A omitted by 2011 c. 21 Sch. 16 para. 20
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
- Sch. 11A inserted by 2011 c. 21 s. 8(2)
- Sch. 11B inserted by 2011 c. 21 Sch. 4
- specified provision(s) Appointed Day(s) by S.I. 2003/1718 art. 4-6 Sch.
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
Commencement Orders yet to be applied to the Education Act 2002:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/124 art. 2-5 commences (2002 c. 32)
- S.I. 2003/1667 art. 2-6 commences (2002 c. 32)
- S.I. 2003/2071 art. 2 commences (2002 c. 32)
- S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
- S.I. 2003/2992 art. 3 amendment to earlier commencing SI 2002/2439
- S.I. 2004/912 art. 4 5 commences (2002 c. 32)
- S.I. 2004/1318 art. 2 commences (2002 c. 32)
- S.I. 2004/1728 art. 4 5 commences (2002 c. 32)
- S.I. 2005/1395 art. 4 commences (2002 c. 32)
- S.I. 2005/2910 art. 4 commences (2002 c. 32)
- S.I. 2006/172 art. 4 5 commences (2002 c. 32)
- S.I. 2006/879 art. 4 commences (2002 c. 32)
- S.I. 2006/1336 art. 4(1) Sch. Pt. 1 commences (2002 c. 32)
- S.I. 2006/2895 art. 2 commences (2002 c. 32)
- S.I. 2007/3611 art. 4 commences (2002 c. 32)
- S.I. 2008/1728 art. 3 commences (2002 c. 32)
- S.I. 2010/707 art. 3 commences (2002 c. 32)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
- S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
- S.I. 2005/2570 art. 2 amendment to earlier commencing SI 2003/1667
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/2129 art. 3 4 commences (2005 c. 18)
- S.I. 2007/935 art. 2-7 commences (2006 c. 40)
- S.I. 2007/1019 art. 2-5 commences (2006 c. 21)
- S.I. 2007/1271 art. 2 3 commences (2006 c. 40)
- S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
- S.I. 2007/3505 arts. 2-6 commences (2007 c. 25)
- S.I. 2008/313 art. 2 3 commences (2007 c. 25)
- S.I. 2008/1429 art. 3 commences (2006 c. 40)
- S.I. 2008/2261 art. 2 commences (2006 c. 21)
- S.I. 2009/371 art. 2 Sch. commences (2008 nawm 2)
- S.I. 2009/1606 art. 2 commences (2008 c. 25)
- S.I. 2009/2545 art. 3 commences (2006 c. 40)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2009/3174 art. 2 commences (2009 nawm 1)
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/735 art. 2 commences (2005 c. 18)
- S.I. 2010/1093 art. 2 3 commences (2008 c. 25)
- S.I. 2010/1101 art. 2-5 commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1817 art. 2-4 commences (2010 c. 26)
- S.I. 2010/1937 art. 2-5 commences (2010 c. 32)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2010/2413 art. 2 commences (2009 c. 22)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2011/97 art. 2 commences (2009 nawm 1)
- S.I. 2011/829 art. 2 commences (2009 c. 22)
- S.R. 2005/282 art. 2-5 commences (2004 c. 4)
Prospective
197 Partnership agreements and statementsE+W
This section has no associated Explanatory Notes
(1)The National Assembly for Wales may by regulations require any local education authority in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each such school of a prescribed class.
(2)For the purposes of this section, a partnership agreement is an agreement about how a local education authority and the governing body of a school are to discharge their respective functions in relation to the school as regards—
(a)such matters as may be prescribed, and
(b)such other matters as the authority and the governing body may agree.
(3)Where a local education authority fail to reach agreement with the governing body of a school for the purposes of subsection (1), the authority may draw up a statement setting out how they and the governing body are to discharge their respective functions in relation to the school as regards the matters prescribed under subsection (2)(a).
(4)Regulations under this section may—
(a)require the parties to a partnership agreement to review the agreement, and
(b)require a local education authority that has drawn up a statement under this section and the governing body to which that statement relates to review the statement,
at such intervals, or in such circumstances, as may be prescribed.
(5)Following a review of a partnership agreement, the parties may agree—
(a)not to change the agreement,
(b)to amend the agreement in such a manner that it remains a partnership agreement, or
(c)to replace the agreement with a new partnership agreement,
but, where they fail to do so, subsection (3) applies as it applies where a local education authority and governing body fail to reach agreement for the purposes of subsection (1).
(6)Following a review of a statement under subsection (3), the local education authority and governing body in question may agree to replace the statement with a partnership agreement, but, where they fail to do so, the authority may amend the statement or draw up a new one (provided the amended or replacement statement is one that could have been drawn up under subsection (3)).
(7)Regulations under this section may make provision for the time by which a local education authority or governing body must comply with any requirement imposed on them by or under the preceding provisions of this section.
(8)In the discharge of their functions in relation to a school maintained by a local education authority in Wales—
(a)the authority, and
(b)the governing body and head teacher of the school,
must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.
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