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The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2004

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Name, commencement and application

1.—(1) These Regulations are called the Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2004.

(2) This regulation and regulations 2 and 5 come into force on 1 August 2004.

(3) Regulations 3, 4 and 6 come into force on 1 September 2004.

(4) These Regulations apply to Wales.

Interpretation

2.—(1) In these Regulations —

“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998(1); and

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002.

(2) In these Regulations references to sections and Schedules are references to, respectively, sections of and Schedules to the 2002 Act.

Government of maintained schools

3.  During the period beginning on 1st September 2004 and ending immediately before the beginning of the day on which the definition of “maintained school” in section 39 comes into force in relation to Wales, references in sections 21 and 30 to a maintained school are to have effect as if they were references to a maintained school as defined by section 20(7) of the 1998 Act.

Modification of section 127(6) of the 1998 Act

4.  In section 127(6) of the 1998 Act(2) insert after paragraph (m) the following —

(n)section 30(3) and (4) of that Act (Governors' reports and other information),.

Proposals relating to sixth forms

5.  During the period beginning on 1st August 2004 and ending immediately before the beginning of the day on which the repeal of Schedule 23 to the 1998 Act (made by section 215(2) and Part 3 of Schedule 22) comes into force in relation to Wales, paragraph 2 of Schedule 23 to the 1998 Act is to have effect as though —

(a)in sub-paragraphs (1), (2) and (3) there were substituted for the words “under section 28 or paragraph 5 of Schedule 7”, the words “under any enactment”, and

(b)at the end of sub-paragraph (3)(b) there were added the words “, or by the relevant authority under section 113A(5) of, or paragraph 1 of Schedule 7A to, the Learning and Skills Act 2000(3)”.

Amendment of the Education (Inspection of Nursery Education) (Wales) Regulations 1999

6.  Regulation 4(1) of the Education (Inspection of Nursery Education) (Wales) Regulations 1999(4) is amended by inserting after the words “inspected by” the words “a member of the Inspectorate or”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

D. Elis-Thomas

The Presiding Officer of the National Assembly

6 July 2004

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