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Statutory Instruments

1993 No. 1491 (C.29)

EDUCATION, ENGLAND AND WALES

The Education (Schools) Act 1992 (Commencement No. 3) Order 1993

Made

11th June 1993

The Secretary of State for Education, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the power conferred by section 21(3) of the Education (Schools) Act 1992(1), hereby makes the following Order:

1.  This Order may be cited as the Education (Schools) Act 1992 (Commencement No. 3) Order 1993.

2.  In this Order—

“the Act” means the Education (Schools) Act 1992;

“the 1944 Act” means the Education Act 1944(2); and

“secondary school” has the meaning given by section 114(1) of the 1944 Act(3).

3.—(1) Section 9, so far as it is not already in force, and sections 13 and 14 of and Schedule 2 to and, as regards the repeal of section 77(6) of the 1944 Act, Schedule 5 to and, so far as it relates to that provision, section 21(8) of the Act shall come into force on 12th June 1993.

(2) Section 15 of and, as regards the partial repeal of section 77(1) and the repeal of section 77(5) of the 1944 Act, Schedule 5 to and, so far as it relates to that provision, section 21(8) of the Act shall come into force in relation to secondary schools on 1st September 1993 and in relation to other schools on 1st September 1994.

John Patten

Secretary of State for Education

11th June 1993

John Redwood

Secretary of State for Wales

11th June 1993

Explanatory Note

(This note is not part of the Order)

The Education (Schools) Act 1992 (Commencement No. 1) Order 1992 (S.I. 1992/1157) brought into force as respects England and Wales the following provisions of the 1992 Act: sections 1, 2(1), (2), (3)(a), (b) and (e) and (4) to (6), 3(1) and (3) to (5), 4, 5, 6(1), (2), (3)(a), (b) and (e) and (4) to (6), 7(1) and (3) to (5), 8, 10, 11, 12, 16, 18, 19 and 20, Schedule 1, paragraphs 4 and 5 of Schedule 2 and, so far as it relates to those provisions, section 9(7), Schedule 3, paragraphs 2, 3 and (5) to (7) of Schedule 4 and, so far as it relates to those provisions, section 21(7) and, as regards the partial repeal of section 22 of the Education Reform Act 1988, Schedule 5 and, so far as it relates to that provision, section 21(8).

The Education (Schools) Act 1992 (Commencement No. 2 and Transitional Provision) Order 1993 (S.I. 1993/1190) brought into force on 1st May 1993 sections 14 and 17 of, paragraphs 1 to 3 of Schedule 2 to and, so far as it relates to those provisions, section 9(7) of, paragraph 4 of Schedule 4 to and, so far as it relates to those provisions, section 21(7) of the 1992 Act. Article 4, however, preserves the operation of regulations made under section 8 of the Education Act 1980 until regulations made under that section as amended by paragraph 4 of Schedule 4 to the 1992 Act come into force.

That Order also brought paragraphs 7 to 9 of Schedule 1 and paragraphs 2 and 3 of Schedule 4 to the 1992 Act into force in relation to Scotland.

This Order brings into force on 12th June 1993 in relation to England and Wales the rest of section 9, sections 13, 14 of and Schedule 2 to and (as regards the repeal of section 77(6) of the Education Act 1944) Schedule 5 to the 1992 Act and, so far as it relates to that repeal, section 21(8). It also brings into force section 15 of and (as regards the partial repeal of section 77(1) and the repeal of section 77(5) of the Education Act 1944) Schedule 5 to the 1992 Act and, so far as it relates to those repeals, section 21(8); these provisions come into force in relation to secondary schools on 1st September 1993 and in relation to other schools on 1st September 1994.

(3)

The relevant part of section 114(1) has been amended by paragraph 13(2)(g) of Schedule 8 to the Further and Higher Education Act 1992 (c. 13).