The Education Reform Act 1988 (Commencement No. 9) Order 1991

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Education Reform Act 1988 relating to the admission of pupils to county and voluntary schools.

This Order brings section 29, which makes special provision in relation to admissions to primary schools, into force and brings specified provisions of sections 26, 27, 28, 31 and 32 into force in relation to primary schools (articles 1(3) and 2 to 6).

Sections 27(1) to (3) and (9), 28 and 32 are brought into force for primary schools immediately (article 3).

Section 29 is brought into force on 1st May 1991 (article 5).

Subsections (4) to (8) of section 27 are brought into force on 1st May 1991 to the extent necessary to enable applications for orders reducing standard numbers at such schools, and such orders, to be made (article 4(a)).

Those same subsections, together with section 26, are brought into force on 1st September 1991 to the extent necessary to enable proposals for increasing admissions limits and applications for orders increasing standard numbers at such schools, and such orders, to be made (articles 2(a) and 4(b)).

Those same subsections are brought into force for their remaining purposes, so far as they relate to such schools, immediately (article 4(c)).

A transitional provision in article 7 provides for the case where an application for reduction of a standard number has been made before 31st May 1992 but not determined by that date.

Section 26 is brought fully into force in relation to primary schools on 1st August 1992, together with the consequential provisions in section 31(1) (articles 2(b) and 6(1)). For school years commencing after that date the admissions limits for county and voluntary primary schools must not be less than the relevant standard number as defined in section 27. Section 31(2), which makes consequential amendments in the requirements for the publication of admission arrangements, is brought into force in relation to such years and such schools on 1st September 1991 (article 6(2)).

Subsection (3) of section 31, which extends the requirements of section 6 to 8 of the Education Act 1980 (c. 20) in relation to parental preferences to the admission of children aged below 5 years on admission, is brought into force on 1st August 1991.

Subsections (4) to (6) of section 31, which amend sections 12, 13 and 38 of the 1980 Act, are brought into force on 1st May 1991.