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The Education Act 2002 (Commencement No. 2) (Wales) Order 2003

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Welsh Statutory Instruments

2003 No. 1718 (W.185) (C.72)

EDUCATION, WALES

The Education Act 2002 (Commencement No. 2) (Wales) Order 2003

Made

9th July 2003

The National Assembly for Wales, in exercise of the power conferred upon it by section 216(3), (4)(b), (5) of the Education Act 2002(1), hereby makes the following Order:

Name, application and interpretation

1.  This Order is called the Education Act 2002 (Commencement No. 2) (Wales) Order 2003.

2.  Provisions brought into force by this Order are brought into force only in relation to Wales (except in relation to sections 139 and 197).

3.  In this Order, unless otherwise stated, references to Parts, sections and Schedules are references to Parts and sections of and Schedules to the Education Act 2002.

Appointed days

4.  The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order is 1st August 2003.

5.  The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order is 1st September 2003.

6.  The day appointed for the coming into force of the provisions specified in Part III of the Schedule to this Order is 1st November 2003.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

D.Elis-Thomas

The Presiding Officer of the National Assembly

9th July 2003

Articles 4, 5 and 6

SCHEDULE

PART IProvisions coming into force on 1st August 2003

ProvisionSubject matter
Sections 60 to 64

Powers of intervention —

Local education authorities

Section 178(1) and (4)Area inspections
Section 215(2) in so far as it relates to the provisions of Schedule 22 belowRepeals

In Schedule 22, Part 3 the repeal of —

Disability Discrimination Act 1995(3), section 28Q(12),

Education Act 1996(4), Sections 483(3A), 483A(7), 490, 497A(3), in section 580, the entries relating to city academy, city college for the technology of the arts, city technology college,

Learning and Skills Act 2000(5), Schedule 8.

Repeals

PART IIProvisions coming into force on 1st September 2003

ProvisionSubject matter
Section 19(6) in so far as it relates to the provisions of Schedule 1 belowGoverning bodies
Sections 27 and 28Power of governing body to provide community facilities
Section 29Additional functions of governing bodies
Section 40 in so far as it relates to the provisions of Schedule 3 belowAmendments of Part 2 of School Standards and Framework Act 1998
Section 136Further education : provision of education
Section 137Principals of further education institutions
Section 138Training in provision of further education
Section 139Wales : provision of higher education
Section 140Further education : general
Sections 181 to 185Allowances in respect of education or training
Section 197Partnership agreements and statements
Section 199Transport for persons over compulsory school age
Section 202Further education institutions : records
Section 203Further education institutions : hazardous material, etc
Section 206Nuisance or disturbance on education premises
Section 215(1) in so far as it relates to the provisions of Schedule 21 belowMinor and consequential amendments
Section 215(2) in so far as it relates to the provisions of Schedule 22 belowRepeals
Schedule 1, paragraph 3(1) (except paragraph (a)) and sub-paragraphs (3) to (8) so far as relating to the power conferred by sub-paragraph (1)(b)Governing bodies
Schedule 3, paragraphs 1 to 5Amendments of Part 2 of School Standards and Framework Act 1998
Schedule 19Transport for persons over compulsory school age
Schedule 20Nuisance or disturbance on educational premises
Schedule 21, Minor and consequential amendments
Paragraph 4
Paragraph 34
In Schedule 22, Part 3, the repeal ofRepeals
Local Government (Miscellaneous Provisions) Act 1982(6), section 40,
Further and Higher Education Act 1992(7), in Schedule 8, paragraph 90,
Education Act 1996, section 509(6) and in Schedule 37, paragraph 55,
Education Act 1997(8), in Schedule 7, paragraph 9(3),
School Standards and Framework Act 1998(9), in Schedule 30, paragraph 133(b)

PART IIIProvisions coming into force on 1st November 2003

ProvisionSubject matter
Section 43School Forums

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st August 2003, 1st September 2003 and 1st November 2003, those provisions of the Education Act 2002 specified in Parts I to III of the Schedule to this Order.

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

In the case of provisions brought into force by this Order which amend existing legislation, references to the Secretary of State in those provisions are to be read, in relation to Wales, as references to the National Assembly for Wales — see section 211.

The effect of the provisions specified in Part I of the Schedule is as follows —

  • Sections 60 to 64 relate to the powers of the National Assembly for Wales (the National Assembly) to direct LEAs.

  • Section 60 amends section 497A of the Education Act 1996 (the 1996 Act) so that a direction can relate to all functions of an LEA; so that a further direction can be made when a previous one comes to an end if the National Assembly is satisfied that if it did not make a further direction, the LEA would not perform the function in question to an adequate standard; so that the National Assembly can direct an LEA to take more specific action; and so as to enable the National Assembly to direct that a function is to be exercised by it or by its nominee. Section 61 inserts a new section 497AA of the 1996 Act which requires an LEA to co-operate with the National Assembly, or its nominee, if the National Assembly is contemplating making a direction. Section 62 makes consequential amendments to section 497B of the 1996 Act. Sections 63 and 64 enable the National Assembly in certain circumstances to direct an LEA to obtain advice from a specified person.

  • Section 178(1) and (4) amend the Learning and Skills Act 2000 to extend area inspections to persons who are aged over 14.

  • Section 215 and Schedules 21 and 22 make minor and consequential amendments and repeals.

The effect of the provisions specified in Part II of the Schedule is as follows —

  • Section 27 enables the governing body of a maintained school to provide facilities or services for the benefit of the community. Section 28 sets limits on the exercise of this power. Section 19(6) and Schedule 1, paragraph 3(1), (3) to (8), and section 40 and Schedule 3, paragraphs 1 to 5 make provision consequential on the introduction of this power.

  • Section 29 re-enacts, with amendments, section 39 of the School Standards and Framework Act 1998 (the 1998 Act). Section 39(1) of the 1998 Act required governing bodies to establish a complaints procedure in accordance with regulations, but no regulations were made under that section. Section 29 (1) and (2) now requires a governing body to have a complaints procedure as set out in the section and in accordance with guidance. Section 29 (3) and (4) gives a governing body the power to require pupils to attend any place outside the school for curriculum purposes. Section 29(5) requires a governing body and a head teacher to comply with an LEA’s directions in relation to health and safety.

  • Sections 136 to 140 contain regulation making powers in relation to the qualifications of further education teachers and principals, in relation to courses leading to such qualifications and in relation to the provision of courses of higher education at further education institutions.

  • Sections 181 to 185 enable the National Assembly to make regulations providing for allowances to be paid to eligible persons over compulsory school age taking part in education or training which is not higher education.

  • Section 197 enables the National Assembly to make regulations requiring LEAs and governing bodies to enter into partnership agreements, setting out how they will carry out their functions in relation to a school.

  • Section 199 and Schedule 19 amend provisions of the 1996 Act relating to transport. They require LEAs to prepare a policy statement setting out their arrangements for the provision of, or support for, transport for post 16 learners.

  • Section 202 contains regulation making powers in relation to educational records of further education institutions.

  • Section 203 contains regulation making powers in relation to the use of hazardous equipment and materials in further education institutions.

  • Section 206 and Schedule 20 amend the 1996 Act and the Further and Higher Education Act 1992, to extend the provisions relating to nuisance or disturbance on educational premises to non-maintained special schools, independent schools, premises provided by an LEA for instruction in sporting, recreational or outdoor activities and to institutions within the further education sector.

  • Section 215 and Schedules 21 and 22 make minor and consequential amendments and repeals.

The effect of the provisions specified in Part III of the Schedule is as follows —

  • Section 43 inserts a new section 47A of the 1998 Act, requiring LEAs to establish school forums. These will represent governing bodies and head teachers and will advise the LEA on matters relating to its schools budget.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Education Act 2002 have been brought into force in relation to Wales by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Sections 14 to 1731st March 20032002/3185 (W.301)
Section 18(2)31st March 20032002/3185 (W.301)
Section 4919th December 20022002/3185 (W.301)
Sections 54 to 5619th December 20022002/3185 (W.301)
Section 75 (partially)19th December 20022002/3185 (W.301)
Sections 97 and 9819th December 20022002/3185 (W.301)
Section 99(1)19th December 20022002/3185 (W.301)
Section 100 (partially)19th December 20022002/3185 (W.301)
Section 101 (partially)19th December 20022002/3185 (W.301)
Section 10319th December 20022002/3185 (W.301)
Sections 105 to 10719th December 20022002/3185 (W.301)
Section 108 s(partially)19th December 20022002/3185 (W.301)
Section 10919th December 20022002/3185 (W.301)
Sections 111 to 11819th December 20022002/3185 (W.301)
Section 1191st October 20022002/2439
Section 120(1) and (3) to (5)1st October 20022002/2439
Section 1211st October 20022002/2439
Section 130 (partially)1st October 20022002/2439
Section 13119th December 20022002/3185 (W.301)
Sections 132 and 13319th December 20022002/3185 (W.301)
Section 134 (partially)19th December 20022002/3185 (W.301)
Section 13519th December 20022002/3185 (W.301)
Section 14119th December 20022002/3185 (W.301)
Sections 142 to 14431st March 20032002/3185 (W.301)
Section 14519th December 20022002/3185 (W.301)
Section 146 (partially)31st March 20032002/3185 (W.301)
Section 148 (partially)19th December 20022002/3185 (W.301)
Section 14931st March 20032002/3185 (W.301)
Section 15031st March 20032002/3185 (W.301)
Section 151(2)19th December 20022002/3185 (W.301)
Section 152 (partially)19th December 20022002/3185 (W.301)
Section 179 (partially)19th December 20022002/3185 (W.301)
Section 18019th December 20022002/3185 (W.301)
Section 188 (partially)19th December 20022002/3185 (W.301)
Section 189 (partially)19th December 20022002/3185 (W.301)
Sections 191 to 19419th December 20022002/3185 (W.301)
Section 195 (partially)31st March 20032002/3185 (W.301)
(fully)1st September 20032002/3185 (W.301)
Section 19619th December 20022002/3185 (W.301)
Section 20031st March 20032002/3185 (W.301)
Section 201 (partially)31st March 20032002/3185 (W.301)
Section 215 (partially)19th December 20022002/3185 (W.301)
(partially)31st March 20032002/3185 (W.301)
(partially)1st September 20032002/3185 (W.301)
Schedule 519th December 20022002/3185 (W.301)
Schedule 10, paragraphs 1, 6, 11 and 1519th December 20022002/3185 (W.301)
Schedule 111st October 20022002/2439
Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 719th December 20022002/3185 (W.301)
Paragraph 12(1) and (2)31st March 20032002/3185 (W.301)
Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3) and 819th December 20022002/3185 (W.301)
Schedule 16, paragraphs 4 to 919th December 20022002/3185 (W.301)
Schedule 17, paragraphs 5(1) to (4), (6) and 6 to 819th December 20022002/3185 (W.301)
Schedule 18, paragraphs 1, 4, 5 and 731st March 20032002/3185 (W.301)
Paragraph 8 (partially)31st March 20032002/3185 (W.301)
Paragraphs 13 to 1531st March 20032002/3185 (W.301)
Paragraphs 2, 3, 6, 8 (fully), 9 to 12 and 16 to 181st September 20032002/3185 (W.301)
Schedule 21 (partially)1st October 20022002/2439
(partially)19th December 20022002/3185 (W.301)
(partially)31st March 20032002/3185 (W.301)
Schedule 22 (partially)1st October 20022002/2439
(partially)19th December 20022002/3185 (W.301)
(partially)31st March 20032002/3185 (W.301)
(partially)1st September 20032002/3185 (W.301)

Various provisions of the Education Act 2002 have been brought into force in relation to England by the following Statutory Instruments: S.I. 2002/2002, as amended by S.I. 2002/2018, S.I. 2002/2439, S.I. 2002/2952, S.I. 2003/124 and S.I. 2003/1115.

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