2004 No. 1318 (C. 53)

EDUCATION, ENGLAND

Education Act 2002 (Commencement No. 8) Order 2004

Made

The Secretary of State for Education and Skills, in exercise of the power conferred upon him by section 216(4) of the Education Act 20021, hereby makes the following Order:

Citation1

This Order may be cited as the Education Act 2002 (Commencement No. 8) Order 2004.

Provisions coming into force2

Sections 53 and 175 of the Education Act 2002 shall come into force except in relation to Wales on 1st June 2004.

David MilibandMinister of State,Department for Education and Skills

(This note is not part of the Order.)

This Order brings two provisions of the Education Act 2002 into force in England from 1st June 2004. Section 53 amends section 63 of the School Standards and Framework Act 19982 to enable regulations made under that section to make provision in respect of authorised as well as unauthorised absences. Section 175 relates to the duties of local education authorities and governing bodies in relation to the welfare of children.

(This note is not part of the Order.)

The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:

Provision

Date of Commencement

S.I.No.

Section 1 (partially), as to England

1st October 2002

2002/2439

Section 1 (fully), as to England

1st September 2003

2003/1667

Sections 2 to 5, as to England

1st October 2002

2002/2439

Sections 11 and 12, as to England

20th January 2003

2002/2952

Sections 14 to 17, as to England

1st October 2002

2002/2439

Sections 14 to 17 and 18(2), as to Wales

31st March 2003

2002/3185

(W. 301)

Section 18, except for the repeal of section 486 of the Education Act 1996 made by paragraph (g) of subsection (1), as to England

1st April 2003

2003/124

Section 19(2) to (5) and (7), as to England

1st March 2003

2003/124

Section 19(6), as to England

1st October 2002

2002/2439

In section 19(8), the words “regulations under this section may include provision with respect to the governing body of federations”, as to England

1st April 2003

2003/124

Section 19, (fully), as to England

1st September 2003

2003/1667

Section 19(6) (partially), as to Wales

1st September 2003

2003/1718

(W. 185)

Section 20(2) and (3), as to England

1st March 2003

2003/124

In section 20(4), the words “regulations under subsection (2) may include provision with respect to instruments of government for federations”, as to England

1st April 2003

2003/124

Section 20 (fully), as to England

1st September 2003

2003/1667

Section 21(3), as to England

1st March 2003

2003/124

Section 21 (fully), as to England

1st September 2003

2003/1667

Section 22, as to England

1st September 2003

2003/1667

Section 23, as to England

1st March 2003

2003/124

Section 24(1), for the purpose of making regulations only, as to England

1st April 2003

2003/124

Section 24(2) to (6), as to England

1st April 2003

2003/124

Section 24 (fully), as to England

1st September 2003

2003/1667

Section 25, as to England

1st April 2003

2003/124

Section 26, as to England

1st March 2003

2003/124

Sections 27 and 28, as to England

2nd September 2002

2002/2002 asamended by

2002/2018

Sections 27 and 28, as to Wales

1st September 2003

2003/1718

(W. 185)

Section 29, as to England

1st September 2003

2003/1667

Section 29, as to Wales

1st September 2003

2003/1718

(W. 185)

Section 30, as to England

1st October 2002

2002/2439

Section 32, as to England

1st September 2003

2003/1667

Section 33(3), as to England

1st March 2003

2003/124

Section 33 (fully), as to England

1st September 2003

2003/1667

Section 34, as to England

1st April 2003

2003/124

Section 35(4) and (5), as to England

1st April 2003

2003/124

Section 35 (fully), as to England

1st September 2003

2003/1667

Section 36(4) and (5), as to England

1st April 2003

2003/124

Section 36 (fully), as to England

1st September 2003

2003/1667

Section 37, as to England

1st October 2002

2002/2439

Section 38(1), (2) and (4) to (7), as to England

1st October 2003

2003/1667

Section 39(1)(partially), as to England

1st October 2002

2002/2439

Section 39(1) (fully), as to England

1st September 2003

2003/1667

In section 39(1), the definition of “federation” and “federated school”, as to England

1st April 2003

2003/124

Section 39(2), as to England

1st October 2002

2002/2439

Section 40 (partially), as to England

2nd September 2002

2002/2002

Section 40 (fully), as to England

1st September 2003

2003/1667

Section 40 (partially), as to Wales

1st September 2003

2003/1718

(W. 185)

Section 41(1) and (3), as to England

1st October 2002

2002/2439

Section 41, as to Wales

4th December 2003

2003/2961

(W. 278)

Section 42, as to England

1st October 2002

2002/2439

Section 42, as to Wales

4th December 2003

2003/2961

(W. 278)

Section 43, as to England

2nd September 2002

2002/2002

Section 43, as to Wales

1st November 2003

2003/1718

(W. 185)

Section 44(1) to (6), as to England

1st April 2003

2003/124

Section 44(7), as to England

1st September 2003

2003/1667

Section 45, as to England

1st April 2003

2003/124

Section 46, as to England

20th January 2003

2002/2952

Section 46, as to Wales

1st December 2003

2003/2961

(W. 278)

Sections 47 to 49, as to England

1st October 2002

2002/2439

Section 49, as to Wales

19th December 2002

2002/3185

(W. 301)

Section 50, as to England

20th January 2003

2002/2952

Section 51 (partially), as to England

1st October 2002

2002/2439

Section 51 (fully), as to England

20th January 2003

2002/2952

Section 51 (partially), as to Wales

9th January 2004

2003/2961

(W. 278)

Section 51 (partially), as to Wales

31st March 2004

2004/912

(W. 95)

Section 52(1) to (6), as to England

20th January 2003

2002/2952

Section 52(1) to (6), as to Wales

9th January 2004

2003/2961

(W. 278)

Section 52(11), as to England

1st September 2003

2003/1667

Sections 54 to 59, as to England

2nd September 2002

2002/2002

Sections 54 to 56, as to Wales

19th December 2002

2002/3185

(W.301)

Sections 60 and 61, as to England

26th July 2002

2002/2002

Sections 62 to 64, as to England

1st October 2002

2002/2439

Sections 60 to 64, as to Wales

1st August 2003

2003/1718

(W. 185)

Section 65

26th July 2002

2002/2002

Section 66

20th January 2003

2002/2952

Sections 67 to 69

26th July 2002

2002/2002

Section 70, as to England

1st June 2003

2003/1115

Section 71, as to England

1st June 2003

2003/1115

Section 72, as to England

1st April 2003

2003/124

Section 73, as to England

1st June 2003

2003/1115

Section 74(1), as to England

1st June 2003

2003/1115

Section 74(2) and (3), as to England

1st April 2003

2003/124

Section 75 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 75 (partially), as to England

1st April 2003

2003/124

Section 75 (fully), as to England

1st June 2003

2003/1115

Sections 76 and 77, as to England

1st October 2002

2002/2439

Section 78 (partially), as to England

26th July 2002

2002/2002

Section 78 (fully), as to England

1st October 2002

2002/2439

Sections 79 to 96, as to England

1st October 2002

2002/2439

Sections 97, 98, 99(1), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 100 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 101 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Sections 103, 105 to 107, as to Wales

19th December 2002

2002/3185

(W. 301)

Section 108 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Sections 109, 111 to 118, as to Wales

19th December 2002

2002/3185

(W. 301)

Section 119

1st October 2002

2002/2439

Section 120(1), and (3) to (5)

1st October 2002

2002/2439

Section 120(2)

1st August 2003

2003/1667

Section 121

1st October 2002

2002/2439

Sections 122 to 129

1st August 2003

2003/1667

Section 130 (partially)

1st October 2002

2002/2439

Section 130 (fully)

1st August 2003

2003/1667

Section 131, as to England

1st October 2002

2002/2439

Section 131, as to Wales

19th December 2002

2002/3185

(W. 301)

Sections 132 and 133, as to Wales

19th December 2002

2002/3185

(W. 301)

Sections 132 and 133, as to England

1st August 2003

2003/1667

Section 134 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 134 (1), (4) and (5), as to England

1st August 2003

2003/1667

Section 135, as to Wales

19th December 2002

2002/3185

(W. 301)

Section 135, as to England

1st October 2003

2003/1667

Sections 136 to 140, as to Wales

1st September 2003

2003/1718

(W. 185)

Section 141, as to Wales

19th December 2002

2002/3185

(W. 301)

Section 141, as to England

1st August 2003

2003/1667

Sections 142 to 144, as to Wales

31st March 2003

2002/3185

(W. 301)

Sections 142 to 144, as to England

1st June 2003

2003/1115

Section 145, as to Wales

19th December 2002

2002/3185

(W. 301)

Section 145, as to England

1st August 2003

2003/1667

Section 146 (partially), as to Wales

31st March 2003

2002/3185

(W. 301)

Section 146 (partially), as to England

1st June 2003

2003/1115

Section 146 (partially), as to England

1st August 2003

2003/1667

Section 146 (partially), as to England

1st September 2003

2003/1667

Section 146 (partially), as to England

1st October 2003

2003/1667

Section 148 (partially), as to England

1st October 2002

2002/2439

Section 148 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 148 (partially), as to Wales

31st March 2003

2002/3185

(W. 301)

Section 148 (partially), as to England

1st August 2003

2003/1667

Section 149, as to England

1st October 2002

2002/2439

Section 149, as to Wales

31st March 2003

2002/3185

(W. 301)

Section 150, as to England

1st October 2002

2002/2439

Section 150, as to Wales

31st March 2003

2002/3185

(W. 301)

Section 151(1), as to England

1st October 2002

2002/2439

Section 151(2), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 152 (partially), as to England

2nd September 2002

2002/2002

Section 152 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 153, as to England

1st April 2003

2003/124

Section 154(1) and (2), as to England

1st June 2003

2003/1115

Section 154, as to Wales

31st March 2004

2004/912

(W. 95)

Section 155 (partially), as to England

2nd September 2002

2002/2002

Section 155 (fully), as to England

1st October 2002

2002/2439

Section 156, as to England

1st October 2002

2002/2439

Section 156, as to Wales

31st March 2004

2004/912

(W. 95)

Sections 157 to 174, except 158(3), as to England

1st September 2003

2003/1667

Sections 157 to 171, as to Wales

1st January 2004

2003/2961

(W. 278)

Sections 172 to 174, as to Wales

1st January 2004

2003/2961

(W. 278)

Section 176, as to England

1st September 2003

2003/1667

Section 177, as to England

1st October 2002

2002/2439

Section 177, as to Wales

1st August 2004

2004/912

(W. 95)

Section 178(1) and (2), as to England

1st October 2002

2002/2439

Section 178(3), as to England

20th January 2003

2002/2952

Section 178(1) and (4), as to Wales

1st August 2003

2003/1718

(W. 185)

Section 179, as to England

1st October 2002

2002/2439

Section 179 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 180, as to England

1st October 2002

2002/2439

Section 180, as to Wales

19th December 2002

2002/3185 (W. 301)

Section 181 to 185, as to England

1st September 2003

2003/1667

Section 181 to 185, as to Wales

1st September 2003

2003/1718

(W. 185)

Section 187 (partially), as to England

1st October 2002

2002/2439

Section 187 (fully), as to England

1st September 2003

2003/1667

Section 188 (partially), as to England

1st October 2002

2002/2439

Section 188 (partially), as to Wales

19th December 2002

2002/3185

(W. 301)

Section 188 (partially), as to England

1st September 2003

2003/1667

Section 188 (partially), as to Wales

1st December 2003

2003/2961

(W. 278)

Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply except in relation to Wales

1st October 2002

2002/2439

Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply in relation to Wales

19th December 2002

2002/3185

(W. 301)

Section 191 to 194, as to Wales

19th December 2002

2002/3185

(W. 301)

Section 195 (partially), as to Wales

31st March 2003

2002/3185

(W. 301)

Section 195 (partially), as to Wales

1st September 2003

2002/3185

(W. 301)

Section 196, as to Wales

19th December 2002

2002/3185

(W. 301)

Section 197, as to Wales

1st September 2003

2003/1718

(W. 185)

Section 198, as to Wales

31st March 2004

2004/912

(W. 95)

Section 199, as to England

20th January 2003

2002/2952

Section 199, as to Wales

1st September 2003

2003/1718

(W. 185)

Section 200, as to Wales

31st March 2003

2002/3185

(W. 301)

Section 200, as to England

6th April 2003

2003/124

Section 201 (partially), as to Wales

31st March 2003

2002/3185

(W. 301)

Section 201 (partially), as to England

6th April 2003

2003/124

Sections 202 and 203, as to England

1st August 2003

2003/1667

Sections 202 and 203, as to Wales

1st September 2003

2003/1718

(W. 185)

Section 204, as to England

2nd September 2002

2002/2002

Sections 205 and 206, as to England

1st October 2002

2002/2439

Section 206, as to Wales

1st September 2003

2003/1718

(W. 185)

Sections 207 and 208, as to England

1st April 2003

2003/124

Sections 207 and 208, as to Wales

9th January 2004

2003/2961

(W. 278)

Section 209

1st April 2003

2003/124

Section 215 (partially), as to England

26th July 2002

2002/2002

(partially), as to England

2nd September 2002

2002/2002

(partially), as to England

1st October 2002

2002/2439

(partially), as to Wales

19th December 2002

2002/3185

(W. 301)

(partially), as to England

20th January 2003

2002/2952

(partially), as to Wales

31st March 2003

2002/3185

(W. 301)

(partially), as to Wales

1st September 2003

2002/3185

(W. 301)

(partially), as to England

1st March 2003

2003/124

(partially), as to England

1st April 2003

2003/124

(partially), as to England

6th April 2003

2003/124

(partially), as to England

1st June 2003

2003/1115

(partially), as to England

1st August 2003

2003/1667

(partially), as to Wales

1st August 2003

2003/1718

(W. 185)

(partially), as to England

1st September 2003

2003/1667

(partially), as to Wales

1st September 2003

2003/1718

(W. 185)

(partially), as to England

1st October 2003

2003/1667

(partially), as to Wales

4th December 2003

2003/2961

(W. 278)

(partially), as to Wales

1st January 2004

2003/2961

(W. 278)

(partially), as to Wales

9th January 2004

2003/2961

(W. 278)

(partially), as to Wales

31st March 2004

2004/912

(W. 95)

(partially), as to Wales

1st August 2004

2004/912

(W. 95)

Schedule 1 (partially), as to England

2nd September 2002

2002/2002

(fully), as to England

1st October 2002

2002/2439

Schedule 1 (partially), as to Wales

1st September 2003

2003/1718

(W. 185)

Schedule 3, paragraphs 1 to 5, as to England

2nd September 2002

2002/2002

Schedule 3 (fully), as to England

1st September 2003

2003/1667

Schedule 3, paragraphs 1 to 5, as to Wales

1st September 2003

2003/1718

(W. 185)

Schedule 4, paragraphs 1, 3, 5 to 7, 10, 11, 13 and 14, as to England

1st October 2002

2002/2439

Schedule 4 (fully), as to England

20th January 2003

2002/2952

Schedule 4 (partially), as to Wales

9th January 2004

2003/2961

(W. 278)

Schedule 4 (partially), as to Wales

31st March 2004

2004/912

(W. 95)

Schedules 5 and 6, as to England

2nd September 2002

2002/2002

Schedule 5, as to Wales

19th December 2002

2002/3185

(W. 301)

Schedule 7

26th July 2002

2002/2002

Schedule 8

1st June 2003

2003/1115

Schedule 9, as to England

1st April 2003

2003/124

Schedule 10, paragraphs 1, 6, 11 and 15, as to Wales

19th December 2002

2002/3185

(W. 301)

Schedule 10, paragraphs 1, 6 and 11 to 15, as to England

1st April 2003

2003/124

Schedule 10, (fully), as to England

1st June 2003

2003/1115

Schedule 11

1st October 2002

2002/2439

Schedule 12, paragraphs 1, 2, 4(1), and (3), 6, 9, 11 and 12(1) and (2), as to England

1st October 2002

2002/2439

Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7, as to Wales

19th December 2002

2002/3185

(W. 301)

Schedule 12, paragraphs 12(1) and (2), as to Wales

31st March 2003

2002/3185 (W. 301)

Schedule 12, paragraphs 3(1), (2), (3) save for the words “or provisional”, (4) and (6), 4(4) save for the words “or provisional registration”,

8 save for the words “or provisional registration”, 10 save for the words “or provisional”, 12(3) save for the words “or provisional ”, as to England

1st August 2003

2003/1667

Schedule 13, paragraphs 4 and 5, as to England

2nd September 2002

2002/2002

Schedule 13, paragraphs 1, 2, 3, 6, 7(1) and (3), and (8), as to England

1st October 2002

2002/2439

Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3), and 8, as to Wales

19th December 2002

2002/3185

(W. 301)

Schedule 14, paragraphs 1 to 4, as to England

2nd September 2002

2002/2002

Remaining paragraphs, as to England

1st October 2002

2002/2439

Schedule 15 fully except for the words

“(b) nursery school” in paragraphs 2(2)

1st October 2002

2002/2439

Schedule 15 (fully), as to England

1st September 2003

2003/1667

Schedule 16, paragraphs 7 to 9, as to England

1st October 2002

2002/2439

Schedule 16, paragraphs 4 to 9, as to Wales

19th December 2002

2002/3185

(W. 301)

Schedule 16, paragraphs 1, and 3 to 6, as to England

1st September 2003

2003/1667

Schedule 16, paragraphs 1 to 3, as to Wales

1st December 2003

2003/2961

(W. 278)

Schedule 17, paragraphs 1 to 4 and 9

1st October 2002

2002/2439

Schedule 17, paragraphs 5(1) - (4), (6), and 6 to 8, as to Wales

19th December 2002

2002/3185

(W. 301)

Schedule 18 paragraphs 1, 4, 5, 7, 8 (partially),13, 14 and 15, as to Wales

31st March 2003

2002/3185

(W. 301)

Schedule 18, paragraphs 2,3, 6, 8 (fully), 9 to 12, and 16 to 18, as to Wales

1st September 2003

2002/3185

(W. 301)

Schedule 19, as to England

20th January 2003

2002/2952

Schedule 19, as to Wales

1st September 2003

2003/1718

(W. 185)

Schedule 20, as to England

1st October 2002

2002/2439

Schedule 20, as to Wales

1st September 2003

2003/1718

(W. 185)

Schedule 21 (partially), as to England

2nd September 2002

2002/2002

(partially), as to England

1st October 2002

2002/2439

(partially), as to Wales

19th December 2002

2002/3185

(W. 301)

(partially), as to England

20th January 2003

2002/2952

(partially), as to Wales

31st March 2003

2002/3185

(W. 301)

(partially) as to England

1st March 2003

2003/124

(partially) as to England

1st April 2003

2003/124

(partially), as to England

1st June 2003

2003/1115

(partially), as to England

1st August 2003

2003/1667

(partially), as to England

1st September 2003

2003/1667

(partially), as to England

1st September 2003

2003/2071

(partially), as to England

1st October 2003

2003/1667

(partially), as to Wales

4th December 2003

2003/2961

(W. 278)

(partially), as to Wales

1st January 2004

2003/2961

(W. 278)

(partially), as to Wales

9th January 2004

2003/2961

(W. 278)

(partially), as to Wales

31st March 2004

2004/912

(W. 95)

Schedule 22, (partially), as to England

26th July 2002

2002/2002

(partially), as to England

2nd September 2002

2002/2002

(partially), as to England

1st October 2002

2002/2439

(partially), as to Wales

19th December 2002

2002/3185

(W. 301)

(partially), as to England

20th January 2003

2002/2952

(partially), as to Wales

31st March 2003

2002/3185

(W. 301)

(partially), as to Wales

1st September 2003

2002/3185

(W. 301)

(partially) as to England

1st April 2003

2003/124

(partially), as to England

6th April 2003

2003/124

(partially) as to England

1st June 2003

2003/1115

(partially), as to England

1st August 2003

2003/1667

(partially), as to Wales

1st August 2003

2003/1718

(W. 185)

(partially), as to England

1st September 2003

2003/1667

(partially), as to Wales

1st September 2003

2003/1718

(W. 185)

(partially), as to England

1st October 2003

2003/1667

(partially), as to Wales

4th December 2003

2003/2961

(W. 278)

(partially), as to Wales

1st January 2004

2003/2961

(W. 278)

(partially), as to Wales

9th January 2004

2003/2961

(W. 278)

(partially), as to Wales

31st March 2004

2004/912

(W. 95)

(partially), as to Wales

1st August 2004

2004/912

(W. 95)