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The Learning and Skills Act (Commencement No. 2 and Savings) Order 2000

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Statutory Instruments

2000 No. 2559 (C. 73)

EDUCATION, ENGLAND AND WALES

EDUCATION, NORTHERN IRELAND

EMPLOYMENT AND TRAINING, ENGLAND AND WALES

The Learning and Skills Act (Commencement No. 2 and Savings) Order 2000

Made

12th September 2000

In exercise of the powers conferred by sections 152(6) and 154(1) and (3) of the Learning and Skills Act 2000(1) the Secretary of State for Education and Employment hereby makes the following Order:

Citation and Interpretation

1.  (1)  This Order may be cited as the Learning and Skills Act 2000 (Commencement No. 2 and Savings) Order 2000.

(2) In this Order—

“the 1992 Act” means the Further and Higher Education Act 1992(2); and

“the 2000 Act” means the Learning and Skills Act 2000.

Provisions coming into force

2.  (1)  The provisions of the 2000 Act specified in Part I of the Schedule to this Order shall come into force on 1st October 2000.

(2) The provision of the 2000 Act specified in Part II of the Schedule to this Order shall come into force on 1st November 2000.

(3) The provision of the 2000 Act specified in Part III of the Schedule to this Order shall come into force on 1st January 2001.

(4) Unless otherwise specified in the Schedule to this Order the provisions referred to in paragraphs (1), (2) and (3) shall come into force for all purposes.

Savings

3.  The amendment of section 41(10) of the 1992 Act made by paragraph 26 of Schedule 9 to the 2000 Act shall not have effect for the purpose of determining whether any contract entered into before 1st October 2000 was entered into in contravention of section 41 of the 1992 Act.

Tessa Blackstone

Minister of State,

Department for Education and Employment

12th September 2000

Article 2

SCHEDULE

PART IProvisions of the 2000 Act coming into force on 1st October 2000

  • Section 71(1) and (2).

  • Section 90.

  • Sections 111 and 112 insofar as they relate to England.

  • Section 113(1) and (2) insofar as they relate to England and to Schedule 7 for the purposes specified below.

  • Section 132 to 136.

  • Section 139 insofar as it relates to England and insofar as it inserts subsection (12) into section 19 of the Teaching and Higher Education Act 1998.

  • Section 143(1)(b) and (c), (2), (4), (6) and (7) insofar as they relate to England.

  • Sections 144 and 145 insofar as they relate to England.

  • Sections 146 and 147.

  • Section 149 insofar as it relates to the provisions of Schedule 9 specified below.

  • Section 153 insofar as it relates to the provisions of Schedule 11 specified below.

  • Schedule 7 insofar as it relates to England for the purpose of authorising the making of Regulations.

  • In Schedule 9—

    • paragraph 14,

    • paragraph 23 insofar as it relates to England,

    • paragraphs 24(1) and (4) insofar as they relate to England,

    • paragraph 26 insofar as it relates to England,

    • paragraphs 27 and 28 insofar as they relate to England for the purposes of the application of sections 44 and 45 of the 1992 Act to any institution which—

      (a)

      becomes an institution within the further education sector (within the meaning of section 91(3) of the 1992 Act) on or after 1st October 2000, or

      (b)

      was an institution within that sector before 1st October 2000 and before it became an institution within that sector was a school maintained by a local education authority,

    • paragraphs 44(3) and (4) insofar as they relate to England,

    • paragraph 64 insofar as it relates to England.

  • In Schedule 11 the repeal, insofar as they relate to England of—

    • sections 28(2)(b), 44(6) and 45(6) of the 1992 Act,

    • the words “attendance on” in section 22(2)(h) and (7) of the Teaching and Higher Education Act 1998,

    • paragraphs 41 and 42 of Schedule 30 to the School Standards and Framework Act 1998.

PART IIProvisions of the 2000 Act coming into force on 1st November 2000

  • Section 148 insofar as it relates to England.

  • Section 153 insofar as it relates to the provisions of Schedule 11 specified below.

  • In Schedule 11 the repeal, insofar as it relates to England, of the words “local education authority”, in section 403(1) of the Education Act 1996.

PART IIIProvisions of the 2000 Act coming into force on 1st January 2001

  • Section 149 insofar as it relates to the provisions of Schedule 9 specified below.

  • In Schedule 9 paragraphs 80 and 81 insofar as they relate to England.

Explanatory Note

(This note is not part of the Order)

This Order brings provisions of the Learning and Skills Act 2000 specified in Part I of the Schedule into force on 1st October 2000, the provisions of that Act specified in Part II of the Schedule into force on 1st November 2000, and the provisions of that Act specified in Part III of the Schedule into force on 1st January 2001. In one case the commencement is subject to savings.

Note as to Earlier Commencement Orders

(This is not part of the Order)

The following provisions of the Act have been or will be brought into force by commencement order made before the date of this Order.

ProvisionDate of CommencementS.I. No.
ss. 1, 5 (partially), 6 (partially), 12 (partially), 14 to 22, 24 to 27, 29.1.9.20002000/2114
ss. 52, 53, 60, 69, 703.8.20002000/2114
ss. 92, 941.9.20002000/2114
s. 95 as to England1.9.20002000/2114
ss. 104 to 1093.8.20002000/2114
s. 110 as to England (partially)1.9.20002000/2114
s. 139 as to England (partially)3.8.20002000/2114
s. 141 as to England10.8.20002000/2114
s. 149 (partially),3.8.20002000/2114
(partially)1.9.20002000/2114
Schedules 1 to 31.9.20002000/2114
Schedule 63.8.20002000/2114
Schedule 9 (partially),3.8.20002000/2114
(partially)1.9.20002000/2114
Schedule 11 (partially)3.8.20002000/2114

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