The Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 7) Order 2004

Explanatory Note

(This note is not part of the Order)

Article 2 brings into force the remaining provisions of sections 44 and 60 of the Standards in Scotland’s Schools etc. Act 2000 (“the 2000 Act”).

Section 44 of the 2000 Act makes further provision with respect to placing requests and makes amendments to section 28A of the Education (Scotland) Act 1980 (c. 44), as amended. The majority of section 44 was commenced by the Standards in Scotland’s Schools etc. Act 2000 (Commencement No. 3 and Transitional Provisions) Order 2000 (S.S.I. 2000/361) (“the 3rd Order”), except the words from “or (vii)” to “numbers;” in subsection (4). Article 2(a) commences those words, with effect from 31st December 2004. This adds a further exception to the duty of an education authority to accede to a parent’s request that their child be placed in a specified school.

Section 60 of the 2000 Act introduces Schedules 2 and 3 of that Act which contain consequential amendments and repeals. Commenced partially by section 61(2) of the 2000 Act, the Standards in Schools etc. Act 2000 (Commencement No. 2 and Transitional Provisions) Order 2000 (S.S.I. 2000/298) and the 3rd Order, the remaining provisions mostly relate to amendments and repeals consequent on the ending of self governing status of schools. Article 2(b) commences those amendments and repeals, with effect from 31st December 2004, other than the repeal related to section 19(6)(c)(i) of the Race Relations Act 1976 (c. 74). Section 19 of that Act was repealed by Schedule 3, paragraph 1 of the Race Relations (Amendment) Act 2000 (c. 34).