Welsh Statutory Instruments
EDUCATION, WALES
Made
24 May 2005
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:
1. The title of this Order is the Education Act 2002 (Commencement No.6 and Transitional Provisions) (Wales) Order 2005.
2. Provisions brought into force by this Order are brought into force in relation to Wales.
3.—(1) In this Order —
“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998(2); and
“the 2002 Act” (“Deddf 2002”) means the Education Act 2002.
(2) In this Order, unless otherwise stated, references to sections and Schedules are references to sections of and Schedules to the 2002 Act.
4. The day appointed for the coming into force of the provisions specified in the Schedule to this Order is 31 May 2005.
5.—(1) The amendments made by paragraph 3 of Schedule 4 are not to apply in relation to the admission of children in a school year earlier than 2007-2008.
(2) Despite the coming into force of paragraphs 10 and 11 of Schedule 4, the amendments of sections 96 and 97 of the 1998 Act do not have effect in relation to a decision made by a local education authority before 31 May 2005 to direct a specified school to admit a pupil.
(3) Where a parent has given a notice of appeal in accordance with paragraph 9 of Schedule 24 to the 1998 Act before 31 May 2005 —
(a)sections 84(6) and 94 of, and Schedule 24 to, the 1998 Act are to continue to have effect in relation to that appeal as if section 50, paragraphs 2 and 8 of Schedule 4 and the repeal of Schedule 24 to the 1998 Act had not come into force; and
(b)section 25(5)(c) of the Local Government Act 1974(3) is to continue to have effect as if paragraph 2(a) of Schedule 21 had not come into force.
(4) Where a governing body has given a notice of appeal in accordance with paragraph 5 of Schedule 25 to the 1998 Act before 31 May 2005 —
(a)sections 84(6), 87 and 95 of, and Schedule 25 to, the 1998 Act are to continue to have effect in relation to that appeal as if paragraphs 2 and 9 of Schedule 4 and the repeal of Schedule 25 to the 1998 Act had not come into force; and
(b)section 25(5)(c) of the Local Government Act 1974 is to continue to have effect as if paragraph 2(a) of Schedule 21 had not come into force.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4).
D. Elis-Thomas
The Presiding Officer of the National Assembly
24 May 2005
Article 4
| Provision | Subject Matter |
|---|---|
| Section 50 | Admission appeals |
| Section 51 in so far as it relates to the provisions of Schedule 4 below | Further amendments relating to admissions |
| Section 215(1) in so far as it relates to the provisions of Schedule 21 below | Minor and consequential amendments |
| Section 215(2) in so far as it relates to the provisions of Schedule 22 below | Repeals |
| Schedule 4, paragraphs 2, 3(1), (2), (3), (4), (5), (7), (8), 8, 9, 10, 11 | Admission Arrangements |
| Schedule 21 | Minor and Consequential Amendments |
| Paragraphs 1, 2 and 22 in so far as not already in force | |
| Schedule 22, Part 3, the repeal of — | Repeals |
| School Standards and Framework Act 1998(5), Schedules 24 and 25, | |
| In Schedule 26, paragraphs 6(4), 8(9) and 15, | |
| In Schedule 28, Part 2, | |
| In Schedule 30, paragraphs 3(3), 47(a). |
(This note is not part of the Order)
This Order brings into force on 31 May 2005 section 50 of the Education Act 2002 (“the 2002 Act”). Section 50 amends section 94 of the School Standards and Framework Act 1998 (“the 1998 Act”), so that the arrangements for appeals to appeal panels against decisions relating to the admission of a child to a school are to be set out in regulations made by the National Assembly. The Order also brings into force on 31 May 2005 section 51 of the 2002 Act and provisions in Schedule 4 to that Act which make further amendments of the 1998 Act in relation to school admissions.
The Order also makes transitional provisions. The amendments of section 86 of the 1998 Act relating to parental preferences and admission to sixth forms will apply in relation to the determination year 2005-06, during which year admission arrangements will be determined for the school year 2007-08.
The amendments of sections 96 and 97 of the 1998 Act relating to an LEA’s power to direct a school to admit children will not apply in relation to a decision to direct made before 31 May 2005.
In relation to admission appeals made before 31 May 2005, provisions of the 1998 Act relating to such appeals and of the Local Government Act 1974 relating to the ombudsman’s jurisdiction are to have effect as though they had not been amended by the 2002 Act.
(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:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 14 to 17 | 31 March 2003 | 2002/3185 (W.301) |
| Section 18(2) | 31 March 2003 | 2002/3185 (W.301) |
| Section 19(6) (partially) | 1 September 2003 | 2003/1718 (W.185) |
| Sections 21 and 22 | 1 September 2004 | 2004/1728 (W.172) |
| Sections 27 and 28 | 1 September 2003 | 2003/1718 (W.185) |
| Section 29 | 1 September 2003 | 2003/1718 (W.185) |
| Section 30 | 1 September 2004 | 2004/1728 (W.172) |
| Section 32 | 1 September 2004 | 2004/1728 (W.172) |
| Section 39(1) (partially) | 1 September 2004 | 2004/1728 (W.172) |
| Section 40 (partially) | 1 September 2003 | 2003/1718 (W.185) |
| Section 41 | 4 December 2003 | 2003/2961 (W.278) |
| Section 42 | 4 December 2003 | 2003/2961 (W.278) |
| Section 43 | 1 November 2003 | 2003/1718 (W.185) |
| Section 46 | 1 December 2003 | 2003/2961 (W.278) |
| Section 49 | 19 December 2002 | 2002/3185 (W.301) |
| Section 51 (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (partially) | 31 March 2004 | 2004/912 (W.95) |
| Section 52 (partially) | 9 January 2004 | 2003/2961 (W.278) |
| Sections 54 to 56 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 60 to 64 | 1 August 2003 | 2003/1718 (W.185) |
| Section 72 | 1 August 2004 | 2004/1728 (W.172) |
| Section 75 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Sections 97 and 98 | 19 December 2002 | 2002/3185 (W.301) |
| Section 99(1) | 19 December 2002 | 2002/3185 (W.301) |
| Section 100 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 101 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 103 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 105 to 107 | 19 December 2002 | 2002/3185 (W.301) |
| Section 108 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 109 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 111 to 118 | 19 December 2002 | 2002/3185 (W.301) |
| Section 119 | 1 October 2002 | 2002/2439 |
| Section 120(1) and (3) to (5) | 1 October 2002 | 2002/2439 |
| Section 120(2) | 1 August 2003 | 2003/1667 |
| Section 121 | 1 October 2002 | 2002/2439 |
| Section 122 to 129 | 1 August 2003 | 2003/1667 |
| Section 130 (partially) | 1 October 2002 | 2002/2439 |
| (fully) | 1 August 2003 | 2003/1667 |
| Section 131 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 132 and 133 | 19 December 2002 | 2002/3185 (W.301) |
| Section 134 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 135 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 136 to 140 | 1 September 2003 | 2003/1718 (W.185) |
| Section 141 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 142 to 144 | 31 March 2003 | 2002/3185 (W.301) |
| Section 145 | 19 December 2002 | 2002/3185 (W.301) |
| Section 146 (partially) | 31 March 2003 | 2002/3185 (W.301) |
| Section 148 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 149 | 31 March 2003 | 2002/3185 (W.301) |
| Section 150 | 31 March 2003 | 2002/3185 (W.301) |
| Section 151(2) | 19 December 2002 | 2002/3185 (W.301) |
| Section 152 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 154 | 31 March 2004 | 2004/912 (W.95) |
| Section 155 | 1 September 2004 | 2004/1728 (W.172) |
| Section 156 | 31 March 2004 | 2004/912 (W.95) |
| Sections 157 to 174 | 1 January 2004 | 2003/2961 (W.278) |
| Section 176 | 1 September 2004 | 2004/1728 (W.172) |
| Section 177 | 1 August 2004 | 2004/912 (W.95) |
| Section 178(1) and (4) | 1 August 2003 | 2003/1718 (W.185) |
| Section 179 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Section 180 | 19 December 2002 | 2002/3185 (W.301) |
| Sections 181 to 185 | 1 September 2003 | 2003/1718 (W.185) |
| Section 188 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| (partially) | 1 December 2003 | 2003/2961 (W.278) |
| Section 189 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| Sections 191 to 194 | 19 December 2002 | 2002/3185 (W.301) |
| Section 195 (partially) | 31 March 2003 | 2002/3185 (W.301) |
| (fully) | 1 September 2003 | 2002/3185 (W.301) |
| Section 196 | 19 December 2002 | 2002/3185 (W.301) |
| Section 197 | 1 September 2003 | 2003/1718 (W.185) |
| Section 198 | 31 March 2004 | 2004/912 (W.95) |
| Section 199 | 1 September 2003 | 2003/1718 (W.185) |
| Section 200 | 31 March 2003 | 2002/3185 (W.301) |
| Section 201 (partially) | 31 March 2003 | 2002/3185 (W.301) |
| Sections 202 and 203 | 1 September 2003 | 2003/1718 (W.185) |
| Section 206 | 1 September 2003 | 2003/1718 (W.185) |
| Section 207 and 208 | 9 January 2004 | 2003/2961 (W.278) |
| Section 215 (partially) | 19 December 2002 | 2002/3185 (W.301) |
| (partially) | 31 March 2003 | 2002/3185 (W.301) |
| (partially) | 1 August 2003 | 2003/1718 (W.185) and 2003/1667 |
| (partially) | 1 September 2003 | 2002/3185 (W.301) and 2003/1718 (W.185) |
| (partially) | 4 December 2003 | 2003/2961 (W.278) |
| (partially) | 1 January 2004 | 2003/2961 (W.278) |
| (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (partially) | 31 March 2004 | 2004/912 (W.95) |
| (partially) | 1 August 2004 | 2004/912 (W.95) and 2004/1728 (W.172) |
| (partially) | 1 September 2004 | 2004/1728 (W.172) |
| Schedule 1, paragraph 3 (partially) | 1 September 2003 | 2003/1718 (W.185) |
| Schedule 3, paragraphs 1 to 5 | 1 September 2003 | 2003/1718 (W.185) |
| Schedule 4, paragraphs 1 and 4 | 9 January 2004 | 2003/2961 (W.278) |
| Paragraph 12(1), (3) to (5) | 31 March 2004 | 2004/912 (W.95) |
| Schedule 5 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 9 | 1 August 2004 | 2004/1728 (W.172) |
| Schedule 10, paragraphs 1, 6, 11 and 15 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 11 | 1 October 2002 | 2002/2439 |
| Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7 | 19 December 2002 | 2002/3185 (W.301) |
| Paragraph 12(1) and (2) | 31 March 2003 | 2002/3185 (W.301) |
| Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3) and 8 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 14, paragraphs 1 to 7 | 1 September 2004 | 2004/1728 (W.172) |
| Schedule 16, paragraphs 1 to 3 | 1 December 2003 | 2003/2961 (W.278) |
| Paragraphs 4 to 9 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 17, paragraphs 5(1) to (4), (6) and 6 to 8 | 19 December 2002 | 2002/3185 (W.301) |
| Schedule 18, paragraphs 1, 4, 5 and 7 | 31 March 2003 | 2002/3185 (W.301) |
| Paragraph 8 (partially) | 31 March 2003 | 2002/3185 (W.301) |
| Paragraphs 13 to 15 | 31 March 2003 | 2002/3185 (W.301) |
| Paragraphs 2, 3, 6, 8 (fully), 9 to 12 and 16 to 18 | 1 September 2003 | 2002/3185 (W.301) |
| Schedule 19 | 1 September 2003 | 2003/1718 (W.185) |
| Schedule 20 | 1 September 2003 | 2003/1718 (W.185) |
| Schedule 21 (partially) | 1 October 2002 | 2002/2439 |
| (partially) | 19 December 2002 | 2002/3185 (W.301) |
| (partially) | 31 March 2003 | 2002/3185 (W.301) |
| (partially) | 1 August 2003 | 2003/1667 |
| (partially) | 1 September 2003 | 2003/1718 (W.185) |
| (partially) | 4 December 2003 | 2003/2961 (W.278) |
| (partially) | 1 January 2004 | 2003/2961 (W.278) |
| (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (partially) | 31 March 2004 | 2004/912 (W.95) |
| (partially) | 1 August 2004 | 2004/1728 (W.172) |
| (partially) | 1 September 2004 | 2004/1728 (W.172) |
| Schedule 22 (partially) | 1 October 2002 | 2002/2439 |
| (partially) | 9 December 2002 | 2002/3185 (W.301) |
| (partially) | 31 March 2003 | 2002/3185 (W.301) |
| (partially) | 1 August 2003 | 2003/1718 (W.185) |
| (partially) | 1 September 2003 | 2002/3185 (W.301), 2003/1718 (W.185) and 2003/1667 |
| (partially) | 4 December 2003 | 2003/2961 (W.278) |
| (partially) | 1 January 2004 | 2003/2961 (W.278) |
| (partially) | 9 January 2004 | 2003/2961 (W.278) |
| (partially) | 31 March 2004 | 2004/912 (W.95) |
| (partially) | 1 August 2004 | 2004/912 (W.95) |
| (partially) | 1 September 2004 | 2004/1728 (W.172) |
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.