This Order brings into force, on 31st December 2005, the remaining provisions of the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (“the Act”).

Part 2 of the Act, which is brought into force, deals with independent schools. Part 2 makes amended provision for the registration and regulation of such schools, and deals with a range of other matters relating to independent schools. These include removing the minimum numbers threshold in the definition of an independent school.

Part 3, also brought into force, deals with general matters, and introduces the two schedules to the Act. Schedule 1 makes minor and consequential amendments to the Education (Scotland) Act 1980, and schedule 2 makes minor repeals, again largely in relation to the 1980 Act.

The Order also makes transitional provisions as detailed in article 3.