Search Legislation

The Education Act 2005 (Commencement No. 1 and Transitional Provisions) (Wales) Order 2006

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 3

SCHEDULE 1Provisions coming into force on 1 September 2006 in relation to Wales

ProvisionSubject matter
Section 44Categories of Schools causing concern.
Section 45Cases where Assembly may direct closure of school.
Section 46Sixth forms requiring significant improvement.
Section 47Meaning of “denominational education”.
Section 51Power of LEA to inspect maintained school for specific purpose.
Section 53, so far as relating to the provisions of Schedule 7 referred to below.Inspection of child minding, day care and nursery education.
Section 54Inspection of independent schools.
Section 58Inspection of computer records.
Section 59Combined reports.
Section 60Repeal of School Inspections Act 1996.
Section 61, so far as relating to the provisions of Schedule 9 referred to below.Further amendments relating to school inspection.
Section 71Proposals relating to maintained special schools.
Section 105Provision and funding of higher education in maintained schools. Provision Subject matter
Section 106Admission arrangements to make special provision for looked-after children.
Section 115Power of governing body to make alternative provision for excluded pupils.
Section 116Failure of parent to secure regular attendance of child at alternative provision.
Section 117 so far as relating to the provisions of Schedule 18 below.Further amendments relating to Part 4.
Section 118Meaning of “the 2002 Act” in Part 4.
Section 123 so far as relating to the provisions of Schedule 19 referred to below.Repeals.
Schedule 5Sixth forms requiring significant improvement.
Paragraphs 6 to 24 of Schedule 7.Inspection of child minding, day care and nursery education.
Schedule 8Inspection of independent schools.
Paragraphs 8 to 21 and 28 to 30 of Schedule 9.Further amendments relating to school inspection.
Paragraphs 1, 6 and 15 of Schedule 18.Further amendments relating to Part 4.
In Schedule 19, Part 1:Repeals
The repeals relating to: Education Act 1996, School Inspections Act 1996, Education Act 1997, School Standards and Framework Act 1998, Learning and Skills Act 2000 (except the repeal of section 81), Education Act 2002.Repeals.

Article 4

SCHEDULE 2Provisions coming into force on 1 September 2006 in relation to England and Wales

ProvisionSubject matter
Section 19Her Majesty’s Inspectorate of Education and Training in Wales.
Section 20Functions of Chief Inspector.
Section 21Annual and other reports to Assembly.
Section 22Power of Assembly to establish advisory panel.
Section 23Powers of entry etc of Chief Inspector.
Section 24Power of Chief Inspector to arrange for inspections.
Section 25Registration of Inspectors in Wales.
Section 26Removal from Register and imposition and variation of conditions.
Section 27Appeals in relation to registration.
Section 28Duty to arrange regular inspections of certain schools.
Section 29Publication of inspection reports.
Section 30Payment of fees into Consolidated Fund.
Section 31Interpretation of Chapter 3.
Section 32Inspections by members of the Inspectorate.
Section 33Duty to report on section 28 inspections.
Section 34Section 28 inspections by registered inspectors.
Section 35Reports of Inspections by members of the Inspectorate.
Section 36Timing of section 28 inspections by registered inspectors.
Section 37Duty to notify where inspection shows maintained school causing concern.
Section 38 maintained schools.Destination of reports:
Section 39Statement to be prepared by appropriate authority for school.
Section 40Statement to be prepared by local education authority.
Section 41 non-maintained schools.Destination of reports:
Section 42Statement to be prepared by proprietor of school.
Section 43Interpretation of Chapter 4.
Section 50Inspection of religious education: Wales.
Section 52Provision of inspection services by LEAs in Wales.
Section 53, so far as relating to paragraph 5 of Schedule 7.Inspection of child minding, day care and nursery education.
Section 61, so far as relating to the provisions of Schedule 9 referred to below.Further amendments relating to school inspection.
Section 123, so far as relating to the provisions of to below.Repeals.
Schedule 2Her Majesty’s Chief Inspector of Education and Training in Wales.
Schedule 3Registration of inspectors in Wales: Tribunals hearing appeals under section 27.
Schedule 4School Inspections in Wales under section 28.
Schedule 6Inspections of denominational education in Wales.
Paragraph 5 of Schedule 7.Inspection of child minding, day care and nursery education.
Paragraphs 6, 7, 22, 24, 25 and 27 of Schedule 9.Further amendments relating to school inspection.
In Schedule 19, Part 1, in the Children Act 1989, the repeal in section 79T(2)(a) of the words “the quality and standards of”.Repeals.

Article 5

SCHEDULE 3Provisions coming into force on 1 April 2007 in relation to England and Wales

ProvisionSubject matter
Section 55Inspection of careers services in Wales.
Section 56Inspection of services relating to careers services in Wales.
Section 57Inspections under sections 55 and 56 further provisions.
Section 123 so far as relating to the provisions of Schedule 19 referred to below.Repeals.
In Schedule 19, Part 1, he repeals in the Teaching and Higher Education Act 1998 and the repeal of section 81 of the Learning and Skills Act 2000.Repeals

Article 6

SCHEDULE 4TRANSITIONAL AND SAVING PROVISIONS

1.  Paragraphs 2 to 5 of this Schedule apply despite the bringing into force by article 3 of this Order of section 60 (Repeal of the 1996 Act).

2.  Where the latest report of an inspection of a school was under the 1996 Act and identified that special measures were required to be taken in relation to the school, that report is to be treated as the report of an inspection which identified that special measures were required to be taken under Part 1 of the 2005 Act for the purposes of–

(a)sections 34(7)(b) and 35(2)(b) and (5)(b); and

(b)sections 14 to 19 of the 1998 Act (intervention in schools causing concern).

3.  Where the latest report of an inspection of a school was under that Act and identified that the school had serious weaknesses, that report is to be treated as the report of an inspection which identified that the school required significant improvement under Part 1 of the 2005 Act for the purposes of–

(a)sections 34(8)(b) and 35(3)(b) and (6)(b); and

(b)sections 14 to 19 of the 1998 Act.

4.  Where the latest report of an inspection of a school was under the 1996 Act and identified that the school has an inadequate sixth form, that report is to be treated as the report of an inspection which identified that the school requires significant improvement in relation to its sixth form for the purposes of section 113 of, and Schedule 7 to, the 2000 Act (as amended by section 46 of, and Schedule 5 to, the 2005 Act).

5.  Where notice of appeal is served on the tribunal before 1 September 2006, section 27 and Schedule 3 are to apply to the appeal as though subsection (2) of section 27 were omitted.

6.  Despite the bringing into force by this Order of section 27 and Schedule 3, and of the repeals of section 9 of, and Schedule 2 to, the 1996 Act on 1 September 2006, any regulations made by the Secretary of State under paragraph 2 of Schedule 2 to the 1996 Act in force on 31 August 2006 (“the existing Regulations”) are to continue to have effect in relation to Wales until the date on which regulations made by the National Assembly for Wales under paragraph 2 of Schedule 3 come into force, as if the existing regulations had been made by the National Assembly under that paragraph of that Schedule.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources