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The Education Act 2002 (Commencement No. 7) (Wales) Order 2005

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Welsh Statutory Instruments

2005 No. 2910 (W.207) (C.124)

EDUCATION, WALES

The Education Act 2002 (Commencement No. 7) (Wales) Order 2005

Made

18 October 2005

Coming into force

31 October 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:

Title, application and interpretation

1.  The title of this Order is the Education Act 2002 (Commencement No.7) (Wales) Order 2005.

2.  Provisions brought into force by this Order are brought into force 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 day

4.  The day appointed for the coming into force of the provisions specified in the Schedule to this Order is 31 October 2005.

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

18 October 2005

Article 4

THE SCHEDULEProvisions coming into force on 31 October 2005

ProvisionSubject matter
Section 19(1) to (7)Governing bodies
Section 20(1) to (3), (5)Instruments of government
Section 23Clerk to the governing body
Section 33Annual parents' meetings
Section 34Arrangements for government of new schools
Section 39Interpretation of Chapter 1
Section 52(11)Exclusion of pupils
Section 53Attendance targets
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 in so far as not already in forceIncorporation and Powers of Governing Body
Schedule 21Minor and Consequential Amendments
Paragraph 12;
Paragraphs 23 and 25;
Paragraph 26;
Paragraph 27(3);
Paragraph 28;
Paragraph 29;
Paragraphs 35 to 38;
Paragraph 39(2) to (4);
Paragraphs 40 to 44;
Paragraph 50;
Paragraph 52;
Paragraph 57 in so far as not already in force;
Paragraph 58;
Paragraph 59 in so far as not already in force;
Paragraphs 60 to 62;
Paragraph 63 in so far as it is not already in force;
Paragraphs 64 and 65;
Paragraph 67;
Paragraphs 92 to 94;
Paragraphs 98(3);
Paragraph 99(2) and (3)(a);
Paragraphs 101 to 103;
Paragraph 106;
Paragraph 110(2);
Paragraph 110(3)(b) in so far as it relates to paragraph (h) of subsection (6) of section 127 of the School Standards and Framework Act 1998;
Paragraph 110(3)(c) except in relation to the new paragraphs (n), (o), (p) and (q) of subsection (6) of section 127 of the School Standards and Framework Act 1998;
Paragraph 112 in so far as not already in force;
Paragraph 113 in so far as not already in force;
Paragraph 118(6);
Paragraph 127.
Schedule 22, Part 3, the repeal of—Repeals
Education Act 1994(3), section 4(4);
Disability Discrimination Act 1995(4), in Schedule 4A, in the Table in paragraph 1, paragraph 3;
Education Act 1996(5), section 29(6), in section 316A (11)(b) the words “a maintained nursery school or”, in section 317 subsection (3)(b) and the word “and” preceding it, in section 329A (13)(a), the words “ a maintained nursery school or”;
School Inspections Act 1996(6), in section 11(5), paragraph (b), in section 15(4)(c) the words “except where the school is a maintained nursery school”, in section 21, in subsection (3)(b) the words “except in the case of a maintained nursery school”, in Schedule 3, in the definition of “appropriate authority” in paragraph 1, paragraph (b);
School Standards and Framework Act 1998(7). sections 36 and 37, section 43, section 44, in section 63, in subsections (1) and (3) the word “unauthorised” and, in subsection (4), the definition of “unauthorised absence”, section 127(6)(h), in section 138, in subsection (2)(b), the words “paragraph 3(5) or 4 of Schedule 10”, Schedules 9 and 10, Schedule 11 in so far as not already repealed, Schedule 12.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 31 October 2005 those provisions of the Education Act 2002 specified in 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 the Schedule to this Order is as follows—

Sections 19, 20, 23, 33, 34, 39 and Schedule 1 make provision in relation to the government of maintained schools, replacing various provisions of the School Standards and Framework Act 1998 (“the 1998 Act”). Section 19 and Schedule 1 require every maintained school to have a governing body. Regulations made by the National Assembly will, set out the requirements relating to the membership and procedures of governing bodies.

Section 20 requires every maintained school to have an instrument of government which determines the constitution of the governing body and other matters relating to the school. National Assembly Regulations will set out the requirements as to the making and the content of instruments of government.

Section 23 enables the National Assembly to make regulations allowing governing bodies to work together by discharging their functions jointly or through joint committees.

Under section 33 a governing body must hold an annual parents' meeting. The National Assembly may make regulations setting out the circumstances in which a governing body is exempt from holding a meeting.

Section 34 sets out the arrangements for the government of new schools. The LEA is required to constitute a temporary governing body. Details as to the arrangements will be set out in regulations made by the National Assembly.

Section 39 contains definitions. In particular the definition of 'maintained school' includes a 'maintained nursery school'. The effect of this is that maintained nursery schools are to have governing bodies.

Commencing section 52(11) means that the provisions relating to exclusion of pupils from schools contained in section 52 apply to maintained nursery schools.

Section 53 amends section 63 of the 1998 Act so as allow the Assembly to include authorised absences in the targets that governing bodies can be required to set by regulations.

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 1731 March 20032002/3185 (W.301)
Section 18(2)31 March 20032002/3185 (W.301)
Section 19(6) (partially)1 September 20032003/1718 (W.185)
Sections 21 and 221 September 20042004/1728 (W.172)
Sections 27 and 281 September 20032003/1718 (W.185)
Section 291 September 20032003/1718 (W.185)
Section 301 September 20042004/1728 (W.172)
Section 321 September 20042004/1728 (W.172)
Section 39(1) (partially)1 September 20042004/1728 (W.172)
Section 40 (partially)1 September 20032003/1718 (W.185)
Section 414 December 20032003/2961 (W.278)
Section 424 December 20032003/2961 (W.278)
Section 431 November 20032003/1718 (W.185)
Section 461 December 20032003/2961 (W.278)
Section 4919 December 20022002/3185 (W.301)
Section 5031 May 20052005/1395 (W.109)
Section 51 (partially)9 January 20042003/2961 (W.278)
(partially)31 March 20042004/912 (W.95)
(partially)31 May 20052005/1395 (W.109)
Section 52 (partially)9 January 20042003/2961 (W.278)
Sections 54 to 5619 December 20022002/3185 (W.301)
Sections 60 to 641 August 20032003/1718 (W.185)
Section 721 August 20042004/1728 (W.172)
Section 75 (partially)19 December 20022002/3185 (W.301)
Sections 97 and 9819 December 20022002/3185 (W.301)
Section 99(1)19 December 20022002/3185 (W.301)
Section 100 (partially)19 December 20022002/3185 (W.301)
Section 101 (partially)19 December 20022002/3185 (W.301)
Section 10319 December 20022002/3185 (W.301)
Sections 105 to 10719 December 20022002/3185 (W.301)
Section 108 (partially)19 December 20022002/3185 (W.301)
Section 10919 December 20022002/3185 (W.301)
Sections 111 to 11819 December 20022002/3185 (W.301)
Section 1191 October 20022002/2439
Section 120(1) and (3) to (5)1 October 20022002/2439
Section 120(2)1 August 20032003/1667
Section 1211 October 20022002/2439
Section 122 to 1291 August 20032003/1667
Section 130 (partially)1 October 20022002/2439
(fully)1 August 20032003/1667
Section 13119 December 20022002/3185 (W.301)
Sections 132 and 13319 December 20022002/3185 (W.301)
Section 134 (partially)19 December 20022002/3185 (W.301)
Section 13519 December 20022002/3185 (W.301)
Sections 136 to 1401 September 20032003/1718 (W.185)
Section 14119 December 20022002/3185 (W.301)
Sections 142 to 14431 March 20032002/3185 (W.301)
Section 14519 December 20022002/3185 (W.301)
Section 146 (partially)31 March 20032002/3185 (W.301)
Section 148 (partially)19 December 20022002/3185 (W.301)
Section 14931 March 20032002/3185 (W.301)
Section 15031 March 20032002/3185 (W.301)
Section 151(2)19 December 20022002/3185 (W.301)
Section 152 (partially)19 December 20022002/3185 (W.301)
Section 15431 March 20042004/912 (W.95)
Section 1551 September 20042004/1728 (W.172)
Section 15631 March 20042004/912 (W.95)
Sections 157 to 1741 January 20042003/2961 (W.278)
Section 1761 September 20042004/1728 (W.172)
Section 1771 August 20042004/912 (W.95)
Section 178(1) and (4)1 August 20032003/1718 (W.185)
Section 179 (partially)19 December 20022002/3185 (W.301)
Section 18019 December 20022002/3185 (W.301)
Sections 181 to 1851 September 20032003/1718 (W.185)
Section 188 (partially)19 December 20022002/3185 (W.301)
(partially)1 December 20032003/2961 (W.278)
Section 189 (partially)19 December 20022002/3185 (W.301)
Sections 191 to 19419 December 20022002/3185 (W.301)
Section 195 (partially)31 March 20032002/3185 (W.301)
(fully)1 September 20032002/3185 (W.301)
Section 19619 December 20022002/3185 (W.301)
Section 1971 September 20032003/1718 (W.185)
Section 19831 March 20042004/912 (W.95)
Section 1991 September 20032003/1718 (W.185)
Section 20031 March 20032002/3185 (W.301)
Section 201 (partially)31 March 20032002/3185 (W.301)
Sections 202 and 2031 September 20032003/1718 (W.185)
Section 2061 September 20032003/1718 (W.185)
Section 207 and 2089 January 20042003/2961 (W.278)
Section 215 (partially)19 December 20022002/3185 (W.301)
(partially)31 March 20032002/3185 (W.301)
(partially)1 August 20032003/1718 (W.185) and 2003/1667
(partially)1 September 20032002/3185 (W.301) and 2003/1718 (W.185)
(partially)4 December 20032003/2961 (W.278)
(partially)1 January 20042003/2961 (W.278)
(partially)9 January 20042003/2961 (W.278)
(partially)31 March 20042004/912 (W.95)
(partially)1 August 20042004/912 (W.95) and 2004/1728 (W.172)
(partially)1 September 20042004/1728 (W.172)
(partially)31 May 20052005/1395 (W.109)
Schedule 1, paragraph 3 (partially)1 September 20032003/1718 (W.185)
Schedule 3, paragraphs 1 to 51 September 20032003/1718 (W.185)
Schedule 4, paragraphs 1 and 49 January 20042003/2961 (W.278)
Paragraphs 2, 3(1), (2), (3), (4), (5), (7), (8), 8, 9, 10, 1131 May 20052005/1395 (W.109)
Paragraph 12(1), (3) to (5)31 March 20042004/912 (W.95)
Schedule 519 December 20022002/3185 (W.301)
Schedule 91 August 20042004/1728 (W.172)
Schedule 10, paragraphs 1, 6, 11 and 1519 December 20022002/3185 (W.301)
Schedule 111 October 20022002/2439
Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7,19 December 20022002/3185 (W.301)
Paragraph 12(1) and (2)31 March 20032002/3185 (W.301)
Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3) and 819 December 20022002/3185 (W.301)
Schedule 14, paragraphs 1 to 71 September 20042004/1728 (W.172)
Schedule 16, paragraphs 1 to 31 December 20032003/2961 (W.278)
Paragraphs 4 to 919 December 20022002/3185 (W.301)
Schedule 17, paragraphs 5(1) to (4), (6) and 6 to 819 December 20022002/3185 (W.301)
Schedule 18, paragraphs 1, 4, 5 and 7,31 March 20032002/3185 (W.301)
Paragraph 8 (partially),31 March 20032002/3185 (W.301)
Paragraphs 13 to 15,31 March 20032002/3185 (W.301)
Paragraphs 2, 3, 6, 8 (fully), 9 to 12 and 16 to 181 September 20032002/3185 (W.301)
Schedule 191 September 20032003/1718 (W.185)
Schedule 201 September 20032003/1718 (W.185)
Schedule 21 (partially)1 October 20022002/2439
(partially)19 December 20022002/3185 (W.301)
(partially)31 March 20032002/3185 (W.301)
(partially)1 August 20032003/1667
(partially)1 September 20032003/1718 (W.185)
(partially)4 December 20032003/2961 (W.278)
(partially)1 January 20042003/2961 (W.278)
(partially)9 January 20042003/2961 (W.278)
(partially)31 March 20042004/912 (W.95)
(partially)1 August 20042004/1728 (W.172)
(partially)1 September 20042004/1728 (W.172)
(partially)31 May 20052005/1395 (W.109)
Schedule 22 (partially)1 October 20022002/2439
(partially)9 December 20022002/3185 (W.301)
(partially)31 March 20032002/3185 (W.301)
(partially)1 August 20032003/1718 (W.185)
(partially)1 September 20032002/3185 (W.301), 2003/1718 (W.185) and 2003/1667
(partially)4 December 20032003/2961 (W.278)
(partially)1 January 20042003/2961 (W.278)
(partially)9 January 20042003/2961 (W.278)
(partially)31 March 20042004/912 (W.95)
(partially)1 August 20042004/912 (W.95)
(partially)1 September 20042004/1728 (W.172)
(partially)31 May 20052005/1395 (W.109)

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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