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The Education Act 2002 (Commencement No. 5) (Wales) Order 2004

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Welsh Statutory Instruments

2004 No. 1728 (W.172) (C.67)

EDUCATION, WALES

The Education Act 2002 (Commencement No. 5) (Wales) Order 2004

Made

13th July 2004

The National Assembly for Wales, in exercise of the power conferred upon it by section 216(4)(b) and (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.5) (Wales) Order 2004.

2.  Provisions brought into force by this Order are brought into force only in relation to Wales.

3.  In this Order, unless otherwise stated, references to sections and Schedules are references to 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 1 of the Schedule to this Order is 1st August 2004.

5.  The day appointed for the coming into force of the provisions specified in Part 2 of the Schedule to this Order is 1st September 2004.

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

13th July 2004

PART 1Provisions coming into force on 1st August 2004

ProvisionSubject matter
Section 72Proposals relating to sixth forms
Section 215(1) in so far as it relates to the provisions of Schedule 21 belowMinor and consequential amendments
Schedule 9Proposals relating to sixth forms — implementation
Schedule 21Minor and consequential amendments
Paragraph 100(3)

PART 2Provisions coming into force on 1st September 2004

ProvisionSubject matter
Section 21General responsibility for conduct of school
Section 22Training and support of governors
Section 30Governors' reports and other information
Section 32Responsibility for fixing dates of terms and holidays and times of sessions
Section 39(1) in so far as it relates to the definition of “statutory provision”Interpretation of Chapter 1
Section 155Inspection of nursery education
Section 176Consultation with pupils
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 14, paragraphs 1 to 7Inspection of nursery education
Schedule 21 —Minor and Consequential Amendments
Paragraph 39(1) and (5)
Paragraph 63 except sub-paragraph (a)
Paragraph 68
Paragraph 110(1) and (3) only for the purpose of omitting paragraph (e) of subsection (6) of section 127 of the School Standards and Framework Act 1998
Schedule 22, Part 3, the repeal of —Repeals
Children Act 1989(3), section 79P(4)(d) and the preceding “and”;

School Standards and Framework Act 1998(4).

Section 38, Sections 41 and 42, Section 127(6)(e), in section 138, in subsection (4)(b), the words “paragraph 4 or 8 of Schedule 23 or”, and in subsection (5), paragraph (a)(ii) and (iii) and, in paragraph (b)(ii), the word “46”, in Part II of Schedule 11, paragraph 7, in Schedule 30, paragraph 204(b)

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st August 2004 and 1st September 2004 those provisions of the Education Act 2002 specified in Parts 1 and 2 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 1 of the Schedule is as follows —

Section 72 and Schedule 9 amend the Learning and Skills Act 2000 so as to enable the National Council for Education and Training for Wales to propose the establishment, alteration or closure of sixth forms. Its proposals are to be submitted to the National Assembly for Wales (“the National Assembly”). Regulations will set out the procedures.

The effect of the provisions specified in Part 2 of the Schedule is as follows —

Sections 21, 22, 30 and 32 re-enact certain provisions of the School Standards and Framework Act 1998 (“the 1998 Act”) in relation to the government of maintained schools.

Section 21 provides that the governing body of a school is responsible for its conduct. It enables the National Assembly to make regulations setting out the roles and responsibilities of governing bodies, head teachers and LEAs.

Section 22 provides that an LEA must provide governors with information and training, free of charge.

Under section 30 a governing body must prepare an annual report. Regulations made by the National Assembly will set out requirements in relation to the content of annual reports and their distribution. Governing bodies must provide such reports to the LEA as it requires, and head teachers must provide such reports to governing bodies or LEAs as they require.

Section 32 sets out, in relation to different categories of school, the body which is responsible for determining the dates of school terms, school holidays and school session times. The National Assembly may make regulations as to proposals to change the times of school sessions.

Section 39 contains definitions.

Section 155 and Schedule 14 amend Schedule 26 to the 1998 Act which makes provision in relation to inspection of nursery education. These amendments will allow inspections to be carried out by members of the inspectorate as well as registered nursery inspectors, and allow Her Majesty’s Chief Inspector of Education and Training in Wales to register those persons she considers appropriate and to take into account the need for inspectors in Wales. Previously she registered any person who satisfied the statutory criteria. Schedule 14 also contains amendments which will mean that appeals against decisions on registration will be made in England to the tribunal established under section 9 of the Protection of Children Act 1999. Appeals in Wales will continue to be made to the Registered Nursery Inspector’s Tribunal, but there are some amendments which are consequential on the changes in England.

Section 176 imposes a duty on LEAs and governing bodies to have regard to National Assembly guidance about consultation with pupils in connection with taking decisions affecting them.

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 19(6) (partially)1st September 20032003/1718 (W.185)
Sections 27 and 281st September 20032003/1718 (W.185)
Section 291st September 20032003/1718 (W.185)
Section 40 (partially)1st September 20032003/1718 (W.185)
Section 414th December 20032003/2961 (W.278)
Section 424th December 20032003/2961 (W.278)
Section 431st November 20032003/1718 (W.185)
Section 461st December 20032003/2961 (W.278)
Section 4919th December 20022002/3185 (W.301)
Section 51 (partially)9th January 20042003/2961 (W.278)
(partially)31st March 20042004/912 (W.95)
Section 52 (partially)9th January 20042003/2961 (W.278)
Sections 54 to 5619th December 20022002/3185 (W.301)
Sections 60 to 641st August 20032003/1718 (W.185)
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 (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 120(2)1st August 20032003/1667
Section 1211st October 20022002/2439
Section 122 to 1291st August 20032003/1667
Section 130 (partially)1st October 20022002/2439
(fully)1st August 20032003/1667
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)
Sections 136 to 1401st September 20032003/1718 (W.185)
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 15431st March 20042004/912 (W.95)
Section 15631st March 20042004/912 (W.95)
Sections 157 to 1741st January 20042003/2961 (W.278)
Section 1771st August 20042004/912 (W.95)
Section 178(1) and (4)1st August 20032003/1718 (W.185)
Section 179 (partially)19th December 20022002/3185 (W.301)
Section 18019th December 20022002/3185 (W.301)
Sections 181 to 1851st September 20032003/1718 (W.185)
Section 188 (partially)19th December 20022002/3185 (W.301)
(partially)1st December 20032003/2961 (W.278)
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 1971st September 20032003/1718 (W.185)
Section 19831st March 20042004/912 (W.95)
Section 1991st September 20032003/1718 (W.185)
Section 20031st March 20032002/3185 (W.301)
Section 201 (partially)31st March 20032002/3185 (W.301)
Sections 202 and 2031st September 20032003/1718 (W.185)
Section 2061st September 20032003/1718 (W.185)
Sections 207 and 2089th January 20042003/2961 (W.278)
Section 215 (partially)19th December 20022002/3185 (W.301)
(partially)31st March 20032002/3185 (W.301)
(partially)1st August 20032003/1718 (W.185) and 2003/1667
(partially)1st September 20032002/3185 (W.301) and 2003/1718 (W.185)
(partially)4th December 20032003/2961 (W.278)
(partially)1st January 20042003/2961 (W.278)
(partially)9th January 20042003/2961 (W.278)
(partially)31st March 20042004/912 (W.95)
(partially)1st August 20042004/912 (W.95)
Schedule 1, paragraph 3 (partially)1st September 20032003/1718 (W.185)
Schedule 3, paragraphs 1 to 51st September 20032003/1718 (W.185)
Schedule 4, paragraphs 1 and 49th January 20042003/2961 (W.278)
Paragraph 12(1), (3) to (5)31st March 20042004/912 (W.95)
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 7,19th 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, 1st December 2003 paragraphs 1 to 32003/2961(W.278)
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 7,31st March 20032002/3185 (W.301)
Paragraph 8 (partially),31st March 20032002/3185 (W.301)
Paragraphs 13 to 15,31st March 20032002/3185 (W.301)
Paragraphs 2, 3, 6, 8 (fully), 9 to 12 and 16 to 181st September 20032002/3185 (W.301)
Schedule 191st September 20032003/1718 (W.185)
Schedule 201st September 20032003/1718 (W.185)
Schedule 21 (partially)1st October 20022002/2439
(partially)19th December 20022002/3185 (W.301)
(partially)31st March 20032002/3185 (W.301)
(partially)1st August 20032003/1667
(partially)1st September 20032003/1718 (W.185)
(partially)4th December 20032003/2961 (W.278)
(partially)1st January 20042003/2961 (W.278)
(partially)9th January 20042003/2961 (W.278)
(partially)31st March 20042004/912 (W.95)
Schedule 22 (partially)1st October 20022002/2439
(partially)9th December 20022002/3185 (W.301)
(partially)31st March 20032002/3185 (W.301)
(partially)1st August 20032003/1718 (W.185)
(partially)1st September 20032002/3185 (W.301), 2003/1718 (W.185) and 2003/1667
(partially)4th December 20032003/2961 (W.278)
(partially)1st January 20042003/2961 (W.278)
(partially)9th January 20042003/2961 (W.278)
(partially)31st March 20042004/912 (W.95)
(partially)1st August 20042004/912 (W.95)

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 (as amended by S.I. 2003/606 (revoked) and 2003/2992), S.I. 2002/2952, S.I. 2003/124, S.I. 2003/1115, S.I. 2003/1667, S.I. 2003/2071 and S.I. 2004/1318.

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