Search Legislation

The Education Act 2002 (Commencement No. 11 and Transitional and Savings Provisions) (Wales) Order 2007

Status:

This is the original version (as it was originally made).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

Welsh Statutory Instruments

2007 No. 3611 (W.318) (C.157)

EDUCATION, WALES

The Education Act 2002 (Commencement No. 11 and Transitional and Savings Provisions) (Wales) Order 2007

Made

20 December 2007

The Welsh Ministers, in exercise of the power conferred upon the National Assembly for Wales by section 216(4)(b) and (5) of the Education Act 2002(1) and now vested in them(2), make the following Order:

Title, application and interpretation

1.  The title of this Order is the Education Act 2002 (Commencement No. 11 and Transitional and Savings Provisions) (Wales) Order 2007.

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 days

4.  (1)  The day appointed for the coming into force of the provisions specified in Part 1 of the Schedule to this Order is 2 January 2008.

(2) The day appointed for the coming into force of the provisions specified in Part 2 of the Schedule to this Order is 31 March 2008.

Transitional and savings provisions

5.  Part 3 of the Schedule to this Order (Transitional and savings provisions) applies.

Jane Hutt

Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers

20 December 2007

Articles 4 and 5

THE SCHEDULE

PART 1Provisions coming into force on 2 January 2008

ProvisionSubject matter
Section 18(1)Repeal of grant making powers
Section 26Collaboration between schools
Section 31 for the purpose of making regulationsControl of school premises
Section 38Communication with schools
Sections 57 to 59Interim executive members
Section 75 fullySchool reorganisation
Section 146 fullyRepeal of sections 218 and 218A of Education Reform Act 1988
Section 151(1)Childcare functions
Section 152 fullyRegulation of child minding and day care
Section 178(2)Training and education in the workplace
Section 187Education action zones
Section 215 in so far as it relates to the provisions of Schedules 21 and 22 belowMinor and consequential amendments and repeals
Schedule 6Interim executive members
Schedule 10 fullySchool reorganisation
Schedule 13, paragraph 4Child minding and day care
Schedule 15Education action zones
Schedule 21, paragraphs 3, 5, 6, 7, 10, 15, 55, 69, 71, 79, 80, 82, 84, 90, 111, 115 (5)(b), 124(1) and (2), 126(3) fullyConsequential and minor amendments
In Part 3 of Schedule 22, the repeals of —Repeals
Education Act 1967
Sex Discrimination Act 1975, in Schedule 2, paragraph 4.
Education (Fees and Awards) Act 1983, section 1(6).
Education Act 1986, section 1(1)(b) and the word “and” immediately preceding it; sections 2 to 4.
Education Reform Act 1988, sections 160, 210, 211, 218 (fully).
Environment Protection Act 1990, section 98(2)(c)(ii).
Further and Higher Education Act 1992, in section 37, subsection (1)(b) and the word “or” immediately preceding it and subsections (8)(a) and (9), in Schedule 8, paragraphs 46, 47, 49, 83.
Education Act 1994, in Schedule 2, paragraph 8(4).
Nursery Education and Grant Maintained Schools Act 1996.
Education Act 1996, in section 318, in subsection (3A) paragraph (b) and the word “or” immediately preceding it, in section 484, in subsection (2) the words “England and” and subsection (6), sections 486 to 488, section 491, in section 509A(5)(b), sub-paragraph (ii) and the word “or” immediately preceding it, in section 545(2)(a), the words “or section 218(7) of the Education Reform Act 1988”, in section 548(8), in paragraph (b), sub-paragraph (ii) and the word “or” preceding that sub-paragraph, in section 578, the entries relating to the Education Act 1967 and the Nursery Education and Grant Maintained Schools Act 1996, in Schedule 37, paragraph 13, paragraphs 76 and 131.
Education Act 1997, section 49 (fully), in Schedule 7, paragraphs 8, 14, 27, 28.
Teaching and Higher Education Act 1998, sections 10, 11, 13, 18, in Schedule 3, paragraph 5.
School Standards and Framework Act 1998, sections 3, 10(3) and (7), in section 11, in subsection (2) the words from “and” to the end, and subsection (3), in Schedule 4, paragraph 5(4)(e), in Schedule 26, in paragraph 1, sub-paragraph (1)(c) and the word “or” preceding it, in Schedule 30, paragraphs 14, 17, 56, in paragraph 74 sub-paragraphs (2) and (3) and in sub-paragraph (4) paragraph (b) and the word “and” preceding it, paragraphs 85 to 90.
Learning and Skills Act 2000, in Schedule 9, paragraphs 18, 58, in paragraph 59, sub-paragraph (7)(b) and (c) and (8), and paragraph 91.

PART 2Provisions coming into force on 31 March 2008

ProvisionSubject matter
Section 31 fullyControl of school premises
Section 215(2) in so far as it relates to the provisions of Schedule 22 belowRepeals
In Part 3 of Schedule 22, the repeal of —Repeals
School Standards and Framework Act 1998, section 40 and Schedule 13.

PART 3Transitional and savings provisions

1.  Despite the coming into force of section 38, the duty to prepare and publish a report under section 38(3) does not apply in relation to any academic year earlier than the academic year 2008 to 2009.

2.  Despite the repeal of section 218(1)(b) of the Education Reform Act 1988, the Further Education Teachers' Qualifications (Wales) Regulations 2002(3) remain in force (and may be amended or revoked by regulations made under section 136(a)).

3.  Despite the repeal of section 218(1)(e) of the Education Reform Act 1988, regulations 4, 5 and 7 of, and Schedule 1 to, the Education (Schools and Further and Higher Education) Regulations 1989(4) remain in force (and may be amended or revoked by regulations made under section 203(3)).

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 2 January 2008 and on 31 March 2008 those provisions of the Education Act 2002 specified in Parts 1 and 2 of the Schedule to the Order.

References below to sections and Schedules (without more) are references to sections of, and Schedules to, the Education Act 2002.

The effect of the provisions specified in Part 1 of the Schedule to the Order which come into force on 2 January 2008 is as follows—

  • The commencement of the remainder of section 18 repeals miscellaneous grant making powers (which were replaced by section 14 which was commenced on 31 March 2003).

  • Section 26 enables regulations to be made by the Welsh Ministers (in whom functions are now vested following the Government of Wales Act 2006) allowing governing bodies of schools to collaborate.

  • Section 31 relates to the control of school premises and is commenced for the purpose of making regulations.

  • Section 38 requires the Welsh Ministers to have regard to the desirability of avoiding sending excessive material to schools and imposing excessive administrative burdens. They will have to prepare a report in respect of each academic year of the documents sent to all governing bodies or head teachers in Wales.

  • Sections 57 to 59 and Schedule 6 enable a local education authority, where a school requires significant improvement or requires special measures or where the governing body have failed to comply with a warning notice, to appoint a specially constituted governing body (made up of interim executive members) to replace a school’s existing governing body. The Welsh Ministers are also enabled to appoint such a governing body where a school requires significant improvement or requires special measures.

  • The commencement of the remainder of section 146 repeals section 218 of the Education Reform Act 1988 in full.

  • Other provisions consequential on the commencement of sections 18 and 146, and also provisions that apply only to England and have already been brought into force by the Secretary of State, but are included simply in order to ensure that the Education Act 2002 is fully commenced.

The effect of the provisions specified in Part 2 of the Schedule to the Order which come into force on 31 March 2008 is as follows—

  • Section 31 (which is commenced in full) enables the Welsh Minsters to make regulations about the control of school premises.

  • Section 215(2) and Schedule 22 (which are commenced in part) contain consequential repeals.

Part 3 of the Schedule to the Order contains transitional and savings provisions.

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)
Section 19 (1) to (7) (fully)31 October 20052005/2910 (W.207)
Section 20 (1) to (3), (5)31 October 20052005/2910 (W.207)
Sections 21 and 221 September 20042004/1728 (W.172)
Section 2331 October 20052005/2910 (W.207)
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)
Sections 33 and 3431 October 20052005/2910 (W.207)
Section 351 April 20062006/879 (W.84)
Section 361 April 20062006/879 (W.84)
Section 371 April 20062006/879 (W.84)
Section 39(1) (partially)1 September 20042004/1728 (W.178)
Section 39 (fully)31 October 20052005/2910 (W.207)
Section 40 (partially)1 September 20032003/1718 (W.185)
Section 40 (partially)1 April 20062006/879 (W.84)
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)
(fully)31 October 20052005/2910 (W.207)
Section 5331 October 20052005/2910 (W.207)
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)
(partially)31 May 20062006/1336 (W.129)
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)
(partially)31 October 20052005/2910 (W.207)
(partially)1 April 20062006/879 (W.84)
Schedule 1, paragraph 3 (partially)1 September 20032003/1718 (W.185)
Schedule 1 (fully)31 October 20052005/2910 (W.207)
Schedule 21 April 20062006/879 (W.84)
Schedule 3, paragraphs 1 to 51 September 20032003/1718 (W.185)
the remaining paragraphs1 April 20062006/879 (W.84)
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)
Paragraphs 3(1), (5) (partially), 4(2) and 531 May 20062006/1336 (W.129)
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 731 March 20032002/3185 (W.301)
Paragraph 8 (partially)31 March 20032002/3185 (W.301)
Paragraphs 13 to 1531 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)
(partially)31 October 20052005/2910 (W.207)
(partially)1 April 20062006/879 (W.84)
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)
(partially)31 October 20052005/2910 (W.207)
(partially)1 April 20062006/879 (W.84)

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 (as amended by S.I. 2004/571 and S.I. 2005/2570), S.I. 2003/2071, S.I. 2004/1318 and S.I. 2006/2895.

(2)

The functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

S.I. 1989/351.

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 enactedversion 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