Statutory Instruments
2012 No. 2213 (C. 87)
Education, England And Wales
The Education Act 2011 (Commencement No. 5) Order 2012
Made 28th August 2012

The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 82(3) and (7) of the Education Act 2011.
2011 c. 21.
In accordance with section 82(5) of that Act the Secretary of State has consulted the Welsh Ministers.

Citation and interpretation
1. (1) This Order may be cited as the Education Act 2011 (Commencement No. 5) Order 2012.
(2) In this Order “EA 2011” means the Education Act 2011.

Provisions coming into force on 1st September 2012
2. The following provisions of EA 2011 come into force on 1st September 2012—
in Schedule 11, paragraph 2 so far as it relates to a new school that is a pupil referral unit, and section 37 and paragraph 1 to the extent that they relate to that paragraph.

Provisions coming into force on 1st October 2012
3. The following provisions of EA 2011 come into force on 1st October 2012—
section 13 and Schedule 4.

Provision coming into force on 1st August 2013
4. The following provision of EA 2011 comes into force on 1st August 2013—
section 73 to the extent that it is not already in force.

Provision coming into force on 1st September 2013
5. The following provision of EA 2011 comes into force on 1st September 2013—
section 1 to the extent that it is not already in force.
Nick Gibb
Minister of State
Department for Education
28th August 2012

EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings the provisions of the Education Act 2011 that are identified in articles 2, 3, 4 and 5 into force on 1st September and 1st October 2012 and 1st August and 1st September 2013 respectively.
Article 2 commences paragraph 2 of Schedule 11, which imposes a requirement on local authorities to seek proposals for the establishment of new Academies, so far as that paragraph relates to a new school that is a pupil referral unit.
Article 3 brings into force section 13 and Schedule 4 which make provision for the imposition in England and Wales of restrictions on the reporting of alleged offences by teachers.
Article 4 commences fully section 73 which is concerned with the functions of the Chief Executive of Skills Funding.
Article 5 commences fully section 1 which makes provision regarding free of charge early years provision.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of this Act have been brought into force (or come into force at a later date) by commencement orders made before the date of this Order.
Provision	Date of Commencement	S.I. No.
Section 1(1), 1(2) (for certain purposes), 1(3) and section 1(1) to the extent that it relates to section 1(3), and section 1(4)	1st September 2012	2012/1087
Section 2	1st April 2012	2012/924
Section 3	1st April 2012	2012/924
Section 4 and Schedule 1	1st September 2012	2012/1087
Section 5	15th January 2012	2012/84
Section 7	1st April 2012	2012/924
Section 8	1st April 2012	2012/924
Section 9	1st April 2012	2012/924
Section 10	1st April 2012	2012/924
Section 11 and Schedule 2	1st April 2012	2012/924
Section 12 and Schedule 3	1st April 2012	2012/924
Section 14	1st April 2012	2012/924
Section 15	1st April 2012	2012/924
Section 16 and Schedule 5	1st April 2012	2012/924
Section 17 and Schedule 6	1st April 2012	2012/924
Section 18	1st February 2012	2012/84
Section 19	1st February 2012	2012/84
Section 20	1st February 2012	2012/84
Section 21 and Schedule 7	1st April 2012	2012/924
Section 22	1st February 2012	2012/84
Section 23	1st May 2012	2012/924
Section 24	1st May 2012	2012/924
Section 25	1st April 2012	2012/924
Section 26 and Schedule 8 for certain purposes	15th January 2012	2012/84
Section 26 and Schedule 8 fully	1st April 2012	2012/924
Section 27 and Schedule 9	1st April 2012	2012/924
Section 28(5)	1st February 2012	2012/84
Section 28 fully	1st September 2012	2012/1087
Section 29(1), (2) and (8) for the purposes of making regulations under section 46 EA 1997	1st February 2012	2012/84
Section 29 fully	1st September 2012	2012/1087
Section 32	1st February 2012	2012/84
Section 34 and Schedule 10	1st February 2012	2012/84
Section 35	1st February 2012	2012/84
Section 36	1st February 2012	2012/84
Section 37 and Schedule 11 for certain purposes	1st February 2012	2012/84
Section 38	1st September 2012	2012/1087
Section 39	1st September 2012	2012/1087
Section 40(4)	1st February 2012	2012/84
Section 42(8)	1st February 2012	2012/84
Section 43	1st February 2012	2012/84
Section 44	17th November 2011	2011/2750
Section 45	1st August 2012	2012/1087
Section 46	1st February 2012	2012/84
Section 49 and Schedule 12	1st April 2012	2012/924
Section 50 (though not in respect of any funding period before 1 April 2013)	1st September 2012	2012/1087
Section 51	15th January 2012	2012/84
Section 52	1st February 2012	2012/84
Section 53 for the purposes only of applying for and making Academy orders in respect of alternative provision Academies under sections 3 and 4 of the Academies Act 2010	1st February 2012	2012/84
Section 53 fully	1st April 2012	2012/924
Section 54 and schedule 13 except for paragraph 17(2)	1st April 2012	2012/924
Section 55	1st February 2012	2012/84
Section 56	1st February 2012	2012/84
Section 57	1st April 2012	2012/924
Section 59	1st February 2012	2012/84
Section 60	1st February 2012	2012/84
Section 62	1st February 2012	2012/84
Section 63 and Schedule 14	1st February 2012	2012/84
Section 64	1st February 2012	2012/84
Section 65 and Schedule 15	1st February 2012	2012/84
Section 66	1st April 2012	2012/924
Section 67 and Schedule 16	1st April 2012	2012/924
Section 68 and Schedule 17	1st April 2012	2012/924
Section 69 and Schedule 18	1st September 2012	2012/1087
Section 70	1st September 2012	2012/1087
Section 71	1st April 2012	2012/924
Section 72	1st April 2012	2012/924
Section 73(2)(a) and (b), and section 73(2)(c) partially, and section 73(1) to the extent it relates to those subsections	1st August 2012	2012/1087
Section 73(3) and 73(1) to the extent that it relates to section 73(3)	1st April 2012	2012/924
Section 74	1st February 2012	2012/84