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The Education Act 2002 (Commencement No. 4 and Transitional Provisions) (Wales) Order 2004

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Welsh Statutory Instruments

2004 No. 912 (W.95) (C.40)

EDUCATION, WALES

The Education Act 2002 (Commencement No. 4 and Transitional Provisions) (Wales) Order 2004

Made

24th March 2004

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

Name and application

1.  This Order is called Education Act 2002 (Commencement No.4 and Transitional Provisions) (Wales) Order 2004.

2.  Provisions brought into force by this Order are brought into force only in relation to Wales (except in relation to section 198).

Interpretation

3.—(1) In this Order “the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998(2).

(2) 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 31st March 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 August 2004.

Transitional provision — establishment or alteration of maintained nursery schools

6.  Despite the coming into force of section 154, the new paragraphs (aa) and (d) in subsection (1) of section 28 of the 1998 Act are not to apply where a local education authority in Wales have taken a decision before 31st March 2004 to establish a new maintained nursery school or to make a prescribed alteration to a maintained nursery school.

Transitional provision — admission arrangements for nursery education

7.  Despite the coming into force of paragraph 12(1), (3) to (5) of Schedule 4 amending section 98 of the 1998 Act, the amendments made by paragraph 12(3), (4) and (5) are not to apply to a school year earlier than the 2004 to 2005 school year in relation to the admission of a child to a maintained school for nursery education.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

John Marek

The Deputy Presiding Officer of the National Assembly

24th March 2004

Articles 4 and 5

SCHEDULE

PART 1Provisions coming into force on 31st March 2004

ProvisionSubject matter
Section 51 in so far as it relates to the provisions of Schedule 4 belowAdmission arrangements — nursery education
Section 154Establishment or alteration of maintained nursery schools
Section 156Meaning of nursery school and primary education
Section 198Transition from primary to secondary school
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 4, paragraph 12(1), (3) to (5)Admission arrangements — nursery education
Schedule 21Minor and consequential amendments
Paragraph 98(2) in so far as not already in force
Paragraph 115(5) except sub-paragraph (b)
In Schedule 22, Part 3, the repeal of —Repeals
Education Act 1996(4), in section 4(1) the words “part-time education suitable to the requirements of junior pupils or”,
in section 5(1) the words “part-time education suitable to the requirements of junior pupils or”,
in section 548(8), paragraph (c),
School Standards and Framework Act 1998(5), in section 33(1), the word “and” at the end of paragraph (b), section 39.

PART 2Provisions coming into force on 1st August 2004

ProvisionSubject matter
Section 177Meaning of “secondary education”
Section 215(2) in so far as it relates to the provisions of Schedule 22 belowRepeals
In Schedule 22, Part 3, the repeal of —Repeals
Education Act 1996, in section 2(3)(a) the words “(including vocational, social, physical and recreational training)”.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 31st March 2004 and 1st August 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 51 and Schedule 4, paragraph 12(1), (3) to (5) amend section 98 of the School Standards and Framework Act 1998 (the 1998 Act) so as to clarify that the admission authority for a maintained school is responsible for admitting or refusing to admit children to the school for nursery education.

  • Section 154 amends section 28 of the 1998 Act so as to require an LEA to publish proposals to establish or make prescribed alterations to a maintained nursery school.

  • Section 156 amends the definition of “nursery school” in section 6 of the Education Act 1996 (the 1996 Act), so as to provide that a school used wholly or mainly for the provision of education for children aged between two and compulsory school age, is a nursery school. Previously the definition referred to a school used mainly for the provision of such education. Section 156 also extends the definition of “primary education” in section 2 of the 1996 Act to include part-time education suitable to the requirements of children aged between two and compulsory school age. Previously the definition referred only to full-time education.

  • Section 198 enables the National Assembly for Wales to require the governing bodies of secondary schools and their feeder primary schools to draw up plans to facilitate the transition of pupils from one to the other.

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

  • Section 177 extends the definition of “secondary education” in section 2 of the 1996 Act so as to include education received partly at a school and partly at another institution or any other establishment, and so as to make it clear that it includes vocational, social, physical and recreational training. The National Assembly for Wales is also given the power to modify the Education Acts in relation to persons receiving secondary education partly at a school and partly at another institution or any other establishment.

Article 6 of the Order makes transitional provision in connection with the coming into force of section 154. The new requirements to publish proposals will not apply in relation to decisions taken before 31st March 2004.

Article 7 makes transitional provision in connection with the coming into force of the amendments made to section 98 of the 1998 Act relating to responsibility for admissions to a school for nursery education. The amendments are not to have effect until the school year 2004-2005.

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 1731st March 20032002/3185 to (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)
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)
Sections 157 to 1741st January 20042003/2961 (W.278)
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 1991st September20032003/1718 (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)
Section 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)
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)
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, paragraphs 1 to 31st December 20032003/2961 (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)
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)

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 and S.I. 2003/2071.

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