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The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Saving Provisions) Order 2010

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SCHEDULE 1Provisions coming into force on 26th February 2010

Column 1Column 2
Section 194(1), (2) and (3)To the extent necessary for the purposes of enabling regulations to be made under section 12A(4) of the Children Act 2004 (as inserted by section 194(2) of the Act) and section 17(1) of the Children Act 2004 (as substituted by section 194(3) of the Act).

SCHEDULE 2Provisions coming into force on 1st April 2010

Column 1Column 2
Sections 41 to 44
Sections 46 and 47
Sections 53, 54 and 57
Section 59To the extent that it relates to the provisions of Schedule 2 to the Act specified in column 1 below.
Sections 60 to 80
Sections 81 to 90
Sections 100 to 104
Sections 106 to 111
Section 112To the extent that it is not already in force.
Sections 113 to 121
Section 122
Sections 123 and 124
Section 125To the extent that it is not already in force.
Section 193(2)(b)
Section 194To the extent that it is not already in force.
Sections 196 and 197
Section 225To the extent that it is not already in force.
Section 256

Section 266

To the extent that it relates to the repeals in Schedule 16 to the Act referred to in column 1 below.

In Schedule 2

paragraph 1

To the extent that it relates to the paragraphs of Schedule 2 specified in column 1 below.
paragraph 2
paragraph 3
paragraph 4
paragraph 5
paragraph 7To the extent that it is not already in force.
paragraph 8To the extent that it is not already in force.
paragraph 9To the extent that it is not already in force.

In Schedule 3

paragraphs 1 to 12, 13(1) and (3) to (4)

paragraph 13(2)Only in relation to the academic year commencing on 1st September 2010 and all following academic years.
paragraphs 14 to 22
Schedules 4 to 6
Schedule 7
Schedule 8To the extent that it is not already in force.

In Schedule 16—

The repeals specified in Parts 1, 2 and 5

To the extent that it is not already in force.

SCHEDULE 3Provisions coming into force on 6th April 2010

Column 1Column 2
Section 40

For all purposes except in relation to small employers and their employees.

(1)

“small employer” means an employer who employs fewer than 250 employees.

(2)

For the purposes of (1) above —

(a)

Subject to (3) below, the number of employees employed by an employer at any time shall be determined by ascertaining the average number of employees employed by the employer in the previous twelve months, calculated in accordance with (b).

(b)

The average number of employees employed by an employer in a twelve month period is to be ascertained by determining the number of employees employed by the employer in each month in the twelve month period (whether they were employed throughout the month or not), adding together those monthly figures and dividing the number by 12.

(3)

If the undertaking has been in existence for less than twelve months, the references to twelve months in (2)(a) and (b) and the divisor of 12 referred to in (2)(b), are to be replaced by the number of months the undertaking has been in existence.

Schedule 1For all purposes except in relation to small employers and their employees as defined above.

SCHEDULE 4Provisions coming into force on 19th April 2010

Column 1Column 2
Sections 206 to 224

In relation to a complaint against a school (as defined in section 206 of the Act), where the school is maintained by Barking and Dagenham London Borough Council, Cambridgeshire County Council, Medway Council or Sefton Council.

In Schedule 16,

Part 7

In relation to a complaint against a school (as defined in section 206 of the Act), where the school is maintained by Barking and Dagenham London Borough Council, Cambridgeshire County Council, Medway Council or Sefton Council.

SCHEDULE 5Provisions coming into force on 1st September 2010

Column 1Column 2
Section 48 for England only, to the extent that it inserts section 18A(1), (2)(a) to (d), (3) and (5) to (8) into the Education Act 1996.In relation to persons who are subject to youth detention (as defined in section 18A(8) of the Education Act 1996) by virtue of being detained in a relevant young offender institution.
Section 49 for England only
(a)

In relation to persons who are detained in relevant youth accommodation (as defined by section 562(1A) of the Education Act 1996) by virtue of being detained in a relevant young offender institution.

(b)

In relation to persons who are detained in any other relevant youth accommodation in England—

(i)

for the purposes of section 50 of the Act, to the extent brought into force in relation to those persons by virtue of column 1 below;

(ii)

for the purposes of section 52 of the Act, to the extent brought into force by virtue of column 1 below.

Section 50 for England only
(a)

In relation to persons who are detained persons (as defined in section 562A(3) of the Education Act 1996) by virtue of being detained in a relevant young offender institution.

(b)

To the extent that section 50 of the Act inserts provisions applying on a person’s release, in relation to persons who, immediately before release, were within paragraph (a).

Section 50 for England only, to the extent that it inserts the following provisions into the Education Act 1996—

562A(3),

562B(1) to (3),

562C(1) and (2),

562F(1) to (4) and (11),

562I, and 562J.

(a)

In relation to persons who are detained persons (as defined in section 562A(3) of the Education Act 1996) by virtue of being detained in any relevant youth accommodation (as defined in section 562(1A) of that Act) in England other than a relevant young offender institution.

(b)

To the extent that section 50 of the Act inserts provisions applying on a person’s release, in relation to persons who, immediately before release, were within paragraph (a)

Section 51 for England only
Section 52 for England only
Section 59To the extent that it is not already in force.
Sections 242 to 249
Section 250

Schedule 2

To the extent that it is not already in force.

SCHEDULE 6Provisions coming into force on 6th April 2011

Column 1Column 2
Section 40To the extent that it is not already in force.
Schedule 1To the extent that it is not already in force.

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