The Education Act 2011 (Commencement No. 2 and Transitional and Savings Provisions) Order 2012

Citation and interpretation

1.—(1) This Order may be cited as the Education Act 2011 (Commencement No. 2 and Transitional and Savings Provisions) Order 2012.

(2) In this Order—

“EIA 2006” means the Education and Inspections Act 2006(1);

“EA 2011” means the Education Act 2011.

Provisions coming into force on 15th January 2012

2.  The following provisions of EA 2011 come into force on 15th January 2012:

• section 5;

• section 51;

• paragraph 15 of Schedule 8 and section 26(1) and paragraph 11 of that Schedule in so far as they relate to that paragraph;

• paragraph 26 of Schedule 8 in so far as it repeals paragraph 37 of Schedule 12 to the Apprenticeships, Skills, Children and Learning Act 2009(2) and section 26(1) and paragraph 22 of Schedule 8 in so far as they relate to paragraph 26.

Provisions coming into force on 1st February 2012

3.  The following provisions of EA 2011 come into force on 1st February 2012:

• sections 18 to 20;

• section 22;

• section 28(5);

• section 29(1), (2) and (8) for the purposes only of making regulations under section 46 of the Education Act 1997(3);

• section 32;

• section 34 and Schedule 10;

• sections 35 and 36;

• in Schedule 11, paragraphs 3 to 11, and paragraph 2 so far as it relates to a new school that is not a pupil referral unit or a maintained nursery school, and section 37 and paragraph 1 to the extent that they relate to those paragraphs;

• section 40(4);

• section 42(8);

• section 43;

• section 46;

• section 52;

• section 53 for the purposes only of applying for and making Academy orders in respect of alternative provision Academies under sections 3 and 4 of the Academies Act 2010(4);

• sections 55 and 56;

• sections 59 and 60;

• section 62;

• section 63 and Schedule 14;

• section 64;

• section 65 and Schedule 15;

• section 74.

Transitional and savings provisions

4.  Despite the coming into force of section 37 of, and Schedule 11 to, EA 2011 that section and Schedule shall not have effect in relation to a case where—

(a) a notice has been published by a local authority in England under section 7(1) of EIA 2006 (invitation for proposals for establishment of new schools) before 1st February 2012;

(b) proposals have been published by a local authority in England or by any persons under section 10(1) or (2) of EIA 2006 (publication of proposals with consent of Secretary of State) before 1st February 2012; or

(c) proposals have been published by a local authority in England or by any persons under section 11(1) or (2) of EIA 2006 (publication of proposals to establish maintained schools (special cases)) before 1st February 2012.

5.  Until section 53 of EA 2011 is fully in force, Schedule 14 to that Act has effect as if the words “or 16 to 19 Academy” and “or a 16 to 19 Academy” were omitted in every place they occur.

Nick Gibb

Minister of State

Department for Education

12th January 2012