Search Legislation

The Education and Inspections Act 2006 (Commencement No.7 and Transitional Provisions) Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2008 No. 1971 (C. 95)

Education, England

The Education and Inspections Act 2006 (Commencement No.7 and Transitional Provisions) Order 2008

Made

22nd July 2008

The Secretary of State for Children, Schools and Families, in exercise of the powers conferred by sections 181(2) and 188(3) of the Education and Inspections Act 2006(1), makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 7 and Transitional Provisions) Order 2008.

(2) In this Order—

“the Act” means the Education and Inspections Act 2006; and

“SSFA 1998” means the School Standards and Framework Act 1998(2).

Provisions coming into force on 1st September 2008

2.  The following provisions of the Act come into force on 1st September 2008—

(a)section 37 in relation to England only,

(b)section 77(2) and Schedule 8 (in each case for all remaining purposes), and

(c)section 154.

Transitional provisions and savings

3.  Where immediately before 1st September 2008 a member of staff at a school to which section 60 of SSFA 1998 applies enjoyed any rights conferred by that section, that person shall continue to enjoy those rights as though section 37 of the Act was not in force until the member of staff ceases to be employed or engaged at the school.

Jim Knight

Minister of State

Department for Children, Schools and Families

22nd July 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the seventh commencement order made under the Education and Inspections Act 2006. Article 2 brings into force on 1st September 2008 the following provisions of that Act.

Section 37 amends sections 58 and 60 of the School Standards and Framework Act 1998 (SSFA 1998). The provision is to be commenced in relation to England only; the National Assembly for Wales having the power to commence the provision in relation to Wales.

Section 37(1) amends section 58 of SSFA 1998 to enable head teachers at foundation and voluntary controlled schools with a religious character to be “reserved teachers”, that is teachers who are appointed specifically to teach religious education in accordance with the tenets of the school’s designated religion.

Section 37(2) amends section 60 of SSFA 1998. Paragraph (a) makes amendments consequential on the amendment to section 58 made by subsection (1). Paragraph (b) excludes the application to England of section 60(6) of SSFA 1998, which prevents a voluntary aided school with a religious character from applying religious criteria in connection with the employment of members of staff other than teachers. The appointment of these members of staff will be subject to the Employment Equality (Religion or Belief) Regulations 2003 which will have the effect of preventing the governing body from discriminating on religious grounds in the appointment of non-teaching staff, except in a case where being of a particular religion or religious denomination is a genuine occupational requirement.

Section 77(2) gives effect to Schedule 8 which inserts Schedule 35B to the Education Act 1996 (EA 1996). Both section 77(2) and Schedule 8 were commenced by The Education and Inspections Act 2006 (Commencement No. 5 and Saving Provisions) Order 2007 except in relation to paragraphs 11, 12 and 13 of Schedule 35B. Schedule 35B defines ‘eligible child’ for the purposes of section 508B of EA 1996 i.e. those classes of children whose travel needs fall to be considered under section 508B and provided free of charge. Paragraphs 11, 12 and 13 relate to children of 11 years and above from low income families. This Order commences section 77(2) and Schedule 8 to the extent that they are not already in force, so that children of 11 years and above from low income families are included in the definition of ‘eligible child’.

Section 154 amends section 5(5) of the Education Act 2005. It adds a further matter – a school’s contribution to community cohesion – to the list of matters on which the Chief Inspector is under a general duty to report. This corresponds to the general duty of a governing body of a maintained school to promote community cohesion, in section 38 of the Act.

Article 3 contains transitional provisions. These provide that current members of staff at schools to which section 60 applies, will continue to enjoy the rights currently conferred on them by that section for as long as they are employed at the school. This means that voluntary aided schools with a religious character cannot apply religious criteria in connection with the employment of its current non-teaching members of staff for as long as those individuals continue to be employed at the school.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of this Act have been brought into force by commencement orders made before the date of this Order:

ProvisionsDate of CommencementS.I. No
Section 1, in relation to England only25th May 2007SI 2007/935
Sections 2 and 325th May 2007SI 2007/935
Section 4 in relation to England27th February 2007SI 2006/3440
Section 5, partially8th February 2007SI 2006/3440
Section 5, partially1st April 2007SI 2007/935
Section 5, partially1st September 2007SI 2007/1801
Section 5, partially1st January 2008SI 2007/3074
Section 5, partially1st April 2008SI 2007/3074
Sections 7 to 1725th May 2007SI 2007/935
Section 18 (1) to (3)1st April 2007SI 2007/935
Section 18 (4) and (5)25th May 2007SI 2007/935
Sections 19 and 2025th May 2007SI 2007/935
Sections 21 to 241st April 2007SI 2007/935
Section 25 (5), (6) and (7)1st April 2007SI 2007/935
Section 25 (1) to (4) and (8)25th May 2007SI 2007/935
Section 261st April 2007SI 2007/935
Section 27 (1) to (6) and (8)1st April 2007SI 2007/935
Section 27 (7)25th May 2007SI 2007/935
Sections 28 to 3025th May 2007SI 2007/935
Sections 31 and 321st April 2007SI 2007/935
Section 33, partially1st April 2007SI 2007/935
Section 33, fully25th May 2007SI 2007/935
Section 3425th May 2007SI 2007/935
Section 35, partially1st April 2007SI 2007/935
Section 35, fully25th May 2007SI 2007/935
Section 3625th May 2007SI 2007/935
Section 38 (1) partially, in relation to England25th May 2007SI 2007/1271
Section 38 (2) in relation to England25th May 2007SI 2007/1271
Section 38 fully, in relation to England1st September 2007SI 2007/1801
Section 39 in relation to England27th February 2007SI 2006/3440
Section 40 in relation to England12th December 2006SI 2006/2990
Section 4127th February 2007SI 2006/3440
Section 4227th February 2007SI 2006/3440
Section 43 in relation to England8th January 2007SI 2006/3400
Section 44 in relation to England27th February 2007SI 2006/3400
Section 45 in relation to England8th January 2007SI 2006/3400
Section 4627th February 2007SI 2006/3400
Section 47 in relation to England27th February 2007SI 2006/3400
Section 488th January 2007SI 2006/3400
Section 498th January 2007SI 2006/3400
Section 508th January 2007SI 2006/3400
Section 518th January 2007SI 2006/3400
Section 5327th February 2007SI 2006/3400
Section 54 (1), (2) and (3) (b)8th January 2007SI 2006/3400
Section 54, fully25th May 2007SI 2007/935
Section 55(8) and (9) in relation to England only25th June 2007SI 2007/1801
Section 55 fully, in relation to England1st September 2007SI 2007/1801
Section 56 in relation to England25th May 2007SI 2007/935
Section 57 in relation to England8th February 2007SI 2006/3400
Sections 59 to 731st April 2007SI 2007/935
Section 74 (4)1st April 2007SI 2007/935
Section 761st April 2007SI 2007/935
Section 77 (1), partially1st April 2007SI 2007/935
Section 77 (1) fully1st September 2007SI 2007/1801
Section 77(2) partially1st September 2007SI 2007/1801
Sections 78 to 801st April 2007SI 2007/935
Section 821st September 2007SI 2007/1801
Section 831st April 2007SI 2007/935
Section 84, partially1st April 2007SI 2007/935
Section 84, partially1st September 2007SI 2007/1801
Section 85, partially1st April 2007SI 2007/935
Section 85, partially1st September 2007SI 2007/1801
Sections 88 to 96 in relation to England1st April 2007SI 2007/935
Sections 97 to 99 in relation to England1st September 2007SI 2007/1801
Sections 100 and 1011st September 2007SI 2007/1801
Section 102 in relation to England1st September 2007SI 2007/1801
Sections 103 to 1071st September 2007SI 2007/1801
Section 108 in relation to England1st September 2007SI 2007/1801
Sections 109(8) and 1101st September 2007SI 2007/1801
Section 112 (1) to (3)12th December 2006SI 2006/2990
Section 112 (4), partially12th December 2006SI 2006/2990
Section 112 (4), fully1st April 2007SI 2007/935
Sections 113 to 1151st April 2007SI 2007/935
Section 116 (1) (a) and (b)12th December 2006SI 2006/2990
Section 116 (1) (c) and (2)1st April 2007SI 2007/935
Section 11712th December 2006SI 2006/2990
Sections 118 to 1531st April 2007SI 2007/935
Section 1551st April 2007SI 2007/935
Section 1571st April 2007SI 2007/935
Section 158, partially12th December 2006SI 2006/2990
Section 158, fully1st April 2007SI 2007/935
Section 15912th December 2006SI 2006/2990
Section 16028th March 2007SI 2007/935
Section 1638th January 2007SI 2006/3400
Section 164 in relation to England28th March 2007SI 2007/935
Sections 165 and 166 in relation to England1st April 2007SI 2007/935
Section 167 in relation to England1st September 2007SI 2007/1801
Section 1738th January 2007SI 2006/3400
Section 1761st April 2007SI 2007/935
Section 184, partially12th December 2006SI 2006/2990
Section 184 (partially), in relation to England8th January 2007SI 2006/3400
Section 184, partially8th January 2007SI 2006/3400
Section 184 (partially), in relation to England8th February 2007SI 2006/3400
Section 184 (partially) in relation to England27th February 2007SI 2006/3400
Section 184, partially27th February 2007SI 2006/3400
Section 184 (partially) in relation to England1st April 2007SI 2007/935
Section 184, partially1st April 2007SI 2007/935
Section 184 (partially) in relation to England25th May 2007SI 2007/935
Section 184, partially25th May 2007SI 2007/935
Section 184, (partially) in relation to England1st September 2007SI 2007/1801
Section 184, partially1st September 2007SI 2007/1801
Schedule 2, partially1st April 2007SI 2007/935
Schedule 2, fully25th May 2007SI 2007/935
Schedule 325th May 2007SI 2007/935
Schedule 425th May 2007SI 2007/935
Schedule 5 in relation to England8th February 2007SI 2006/3400
Schedule 61st April 2007SI 2007/935
Schedule 71st April 2007SI 2007/935
Schedule 8, partially1st September 2007SI 2007/1801
Schedule 91st April 2007SI 2007/935
Schedule 10, partially1st April 2007SI 2007/935
Schedule 10, partially1st September 2007SI 2007/1801
Schedule 11, partially12th December 2006SI 2006/2990
Schedule 11, fully1st April 2007SI 2007/935
Schedules 12 to 141st April 2007SI 2007/935
Schedule 15, partially12th December 2006SI 2006/2990
Schedule 15, fully1st April 2007SI 2007/935
Schedule 18, partially12th December 2006SI 2006/2990
Schedule 18 (partially), in relation to England8th January 2007SI 2006/3400
Schedule 18, partially8th January 2007SI 2006/3400
Schedule 18 (partially), in relation to England8th February 2007SI 2006/3400
Schedule 18 (partially), in relation to England27th February 2007SI 2006/3400
Schedule 18, partially27th February 2007SI 2006/3400
Schedule 18 (partially) in relation to England1st April 2007SI 2007/935
Schedule 18, partially1st April 2007SI 2007/935
Schedule 18 (partially) in relation to England25th May 2007SI 2007/935
Schedule 18, partially25th May 2007SI 2007/935
Schedule 18 Part 6, partially in relation to England1st September 2007SI 2007/1801
Schedule 18 Part 6, partially1st September 2007SI 2007/1801

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources