The Education and Skills Act 2008 (Commencement No. 4, Commencement No. 3 (Amendment), Transitory and Saving Provisions) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This is the fourth commencement order made by the Secretary of State under the Education and Skills Act 2008 (“the Act”).

Article 2 commences, on 1st August 2009, section 86 so far as not already in force. Section 86 makes amendments to the Learning and Skills Act 2000 which impose additional duties on the Learning and Skills Council (“LSC”) (established by section 1 of that Act). Three new sections are inserted. Section 4A requires the LSC to secure the provision of proper facilities for education and training to enable adults who lack particular skills to obtain qualifications which are designed to equip them with basic and intermediate skills for work and everyday living. Section 4B places a duty on the LSC to ensure that tuition fees are waived for certain descriptions of education and training leading to particular qualifications (the qualifications being qualifications specified in regulations made by the Secretary of State). There are supplementary provisions in section 4C.

Article 3 commences, on 1st September 2009, provisions in Chapter 1 of Part 4 of the Act (regulation and inspection of independent educational provision in England) that relate to the charging of fees for the inspection of an independent educational institution in England (“institution”) where the inspection is carried out by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (“the Chief Inspector”). One of the provisions brought into force is the power of the Secretary of State to remove an institution from the register where the fees are not paid.

Article 4 brings into force, on 12th October 2009, provisions that relate to the ability of the Secretary of State to remove an institution from the register kept by the Secretary of State if the institution is employing a person who is unsuitable to work with children (or vulnerable adults, if the institution provides education to vulnerable adults). The power to remove an institution from the register also arises if the proprietor is unsuitable to work with such persons.

Article 5 contains transitory provisions which will have effect until the register of independent educational institutions is in place in relation to independent schools. Until that time references to the register of independent educational institutions are to the register of independent schools kept under the Education Act 2002 (“the 2002 Act”), and references to the proprietors of such institutions are references to proprietors of registered independent schools.

Article 6 contains a saving provision in relation to any liability of an independent school for a fee payable to the Chief Inspector that has arisen under provisions of the 2002 Act repealed by virtue of this Order.

Article 7 contains an amendment to the Education and Skills Act 2008 (Commencement No. 3) Order 2009 (S.I. 2009/1513 (C.78)) to include transitory provisions in that Order. The transitory provisions deal with the time between the making of this Order and the coming into force for all purposes in relation to independent schools of the powers of the Chief Inspector under sections 108 and 109 of the Act to inspect institutions. The transitory provisions provide for a reference in section 111 of the Act to the inspection of an institution to include a reference to the inspection of an independent school under the 2002 Act.