The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply transitional modifications to the Education Act 2002 in connection with the bringing into force of provisions of the Act by the Education Act 2002 (Commencement No 2) (Wales) Order 2003. They also make consequential amendments.

References below to sections and Schedules (without more) are references to sections of and Schedules to the Education Act 2002.

Regulation 3 makes provision in connection with the coming into force of sections 27 and 28 which enable governing bodies to provide community facilities and section 29 which relates to governing bodies' additional functions. Until section 21 comes into force, section 28 is to have effect as if it refers to the duty of a governing body to promote high standards of educational achievement at the school contained in section 38(2) of the School Standards and Framework Act 1998 (the 1998 Act). Until the definition of maintained school in section 39 (which includes a maintained nursery school) comes into force, the references in sections 27, 29(1) and Schedule 1 to a maintained school are to have effect as if they were references to a maintained school as defined in the 1998 Act, which does not include a maintained nursery school. Until paragraph 1 of Schedule 1 comes into force, references to a governing body in paragraph 3 of Schedule 1 are to have effect as if they were references to a governing body incorporated under the 1998 Act.

Regulations 4 to 6 make amendments to the Education (Transfer of Functions Concerning School Lunches) (Wales) Order 1999, the Education (Transfer of Functions Concerning School Lunches) (Wales) (No. 2) Order 1999 and the Education (School Meals Staff) (Wales) Regulations 1999. These are consequential on the bringing into force on 31st March 2003 of section 201 which makes provision in relation to LEA functions concerning provision of school meals.

Regulations 7 and 8 amend the Education (Special Educational Needs) (Wales) Regulations 2002 and the Further Education Teachers' Qualifications (Wales) Regulations 2002, so as to refer to “academies” instead of “city academies”. This is consequential on the coming into force on 26th July 2002 of section 67 which provides that city academies are to be known as academies. Academies can be established only in England.