The Education Act 1997 (Commencement No. 3 and Transitional Provisions) Order 1998

2.—(1) None of the following provisions of the 1996 Act, namely—

(a) section 154(4), (5) and (7), or (as the case may be)

(b) section 306A(4), (5) and (7),

shall have effect in relation to the head teacher of a school until the date upon which that school’s governing body first make a discipline statement as required by section 154(2)(a) or 306A(2)(a) of that Act.

(2) However until that date, the following provisions of the school’s articles of government shall continue to have effect, namely—

(a) in relation to a county, voluntary or maintained special school, the provisions required to be contained in those articles by virtue of subsections (3) to (5) of section 154 of the 1996 Act as it had effect immediately before 1st April 1998; and

(b) in relation to a grant-maintained or grant-maintained special school, any provisions in the school’s articles which have the same or a similar effect to the provisions mentioned in paragraph (a) of this sub-paragraph.

(3) Sub-paragraph (2) applies notwithstanding the coming into force of section 2, 3 or 57(3) of the 1997 Act.

(4) In this Part—

(a) any reference to section 154 of the 1996 Act (other than the one in sub-paragraph (2) of this paragraph) shall be construed as a reference to that section as substituted by section 2 of the 1997 Act; and

(b) any reference to section 306A of the 1996 Act shall include a reference to that section as it has effect in relation to a grant-maintained special school by virtue of paragraph 15 of Schedule 28 to that Act (as amended by section 3(2) of the 1997 Act).