The Education Act 2002 (Commencement No.4 and Transitional and Saving Provisions) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force provisions of the Education Act 2002 on 1^th March, 1^th April and 6^th April 2003.

Article 2 commences certain subsections of sections 19, 20, 21, 33, 35 and 36, and sections 23 and 26 (powers to make regulations in respect of the government of maintained schools), and amendments in Schedules 21 consequential on certain Welsh provisions, on 1^th March.

Article 3 commences section 209 (paid chairmen for local leaning and skills councils) on 1^th April 2003.

Article 4 commences the repeal of specific grant making powers listed in section 18, certain subsections of sections 19, 20, 24, 74 and sections 25 and 34 (provisions in respect of federated schools and new schools), sections 44 (in part) and 45 (accounts and financial statements of maintained schools), section 72, Schedules 9 and part of 10 (reorganisation of sixth forms), section 153 (powers of LEAs in respect of funded nursery education), and sections 207 and 208 (recoupment) together with associated consequential amendments and repeals to those provisions in Schedules 21 and 22, on 1^th April. Section 39(1) in respect of the inclusion of maintained nursery schools in the definition of maintained schools is still not commenced, and all related provisions relating to maintained nursery school governing bodies remain uncommenced.

Article 5 commences sections 200 (remission of charges) and 201 (LEA functions concerning school lunches, milk etc) – but not in respect of its application to funded nursery education – on 6^th April 2003 to co-incide with the tax year.

The provision listed in article 3 only applies to England. It is brought into force for all purposes in accordance with the Secretary of State’s power in section 216(2). The provisions listed in articles 2, 4 and 5 are brought into force for England only, in accordance with the Secretary of State’s power in section 216(4).

The Order also makes transitional and saving provisions in respect of the entitlement to school lunches, and repeal of certain specific grant making regulations.