The Education Act 2002 (Commencement No. 1)Order 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Education Act 2002 on 26th July 2002 and 2nd September 2002. The provisions are listed in articles 2, 3 and 4. Article 2 relates to provisions concerning Academies and city colleges (save for section 66 which will be commenced at a later date). Article 3 relates to the amendment of the power of the Secretary of State to secure proper performance of LEA functions under section 497A of the Education Act 1996. Article 4 relates to the new power of governing bodies to provide community facilities, and related provisions, the new requirement on LEAs to constitute school forums, new powers to LEAs and the Secretary of State over schools causing concern; certain amendments to the Children Act 1989 and Schedule 26 of the School Standards and Framework Act 1998 in respect of the regulation of childminders and day care providers and the inspection of nursery education, and the repeal of the requirement for baseline assessment. The provisions listed in article 2 only apply to England but are brought into force for all purposes (save for section 78) in accordance with the Secretary of State’s power in section 216(2). The provisions listed in articles 3 and 4 are brought into force for England only, in accordance with the Secretary of State’s power in section 216(4).