2003 No. 2959 (W.277)
The Education Act 2002 (Transitional Provisions and Consequential Amendments) (No.2) (Wales) Regulations 2003
Made
Coming into force
The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by section 214 of the Education Act 20021.
Name, commencement and application1
1
These Regulations are called the Education Act 2002 (Transitional Provisions and Consequential Amendments) (No. 2) (Wales) Regulations 2003 and come into force on 19th November 2003.
2
These Regulations apply to Wales.
Interpretation2
1
2
In these Regulations references to sections and Schedules are references to, respectively, sections of and Schedules to the 2002 Act.
Financing of maintained schools
3
Section 45A of the 1998 Act, which is inserted by section 41(1)4, is to have effect in the period ending immediately before 1st April 2004 only for the purposes of the financing of schools in any financial year beginning on and after that date.
4
The amendment made by section 41(2)5 to section 45(2) of the 1998 Act is not to apply in relation to a school’s budget share for any financial year beginning before 1st April 2004.
5
Notwithstanding the coming into force of the repeal of section 46 of the 1998 Act and of the consequential amendments to sections 49(4) and 143 of that Act and to section 36 of the Learning and Skills Act 20006 (made by sections 41(3) and 215, and paragraphs 100(1) and (2), 113 and 125 of Schedule 21 and Part 3 of Schedule 227) —
a
the repeal of section 46 of the 1998 Act,
b
the substitution of “LEA budget or schools budget” for “local schools budget” in section 49(4) of the 1998 Act,
c
the substitution of “section 45A(3)” for “section 46(2)” in the entry beginning “individual schools budget” in section 143 of the 1998 Act,
d
the repeal of the entry relating to local schools budget in section 143 of the 1998 Act, and
e
the substitution of “schools budget” and “Schools budget” for “local schools budget” and “Local schools budget” in subsection (1)(a) and (3) of section 36 of the Learning and Skills Act 2000,
are not to have effect in relation to any financial year beginning before 1st April 2004.
Exclusions
6
During the period beginning on 9th January 2004 and ending immediately before the beginning of the day on which section 52(11) comes into force in relation to Wales, references in section 528 to a maintained school are to have effect as if they were references to a maintained school as defined by section 20(7) of the 1998 Act.
7
1
This paragraph applies where a pupil is excluded before 9th January 2004 by the head teacher of a maintained school or (as the case may be) the teacher in charge of a pupil referral unit.
2
Notwithstanding the coming into force of —
a
section 52(1) to (6), and
b
the repeal of sections 64 to 68 of, and Schedule 18 to, the 1998 Act9,
the following provisions, namely —
i
sections 64 to 68 of, and Schedule 18 to, the 1998 Act, and
ii
the Education (Pupil Referral Units) (Appeals against permanent exclusions) (Wales) Regulations 200310,
are to continue to have effect, as appropriate, in relation to an exclusion to which paragraph (1) applies.
Independent schools8
1
Notwithstanding the coming into force of section 16511, that section (except for subsections (1), (2), (12) and (13)) is not to apply until 1st January 2006 to any school which was provisionally registered pursuant to section 465(3) of the 1996 Act on 31st December 2003.
2
Notwithstanding the repeal of provisions of sections 10(3), (4B), 11(5), 20(3), 21(4) of the School Inspection Act 199612 and provisions of paragraph 1 of Schedule 3 to that Act, where a contract has been awarded consequent on an invitation to tender under paragraph 2 of Schedule 3 to that Act before 1st January 2004 to inspect an independent school approved by the National Assembly for Wales under section 347(1) of the 1996 Act —
a
the inspection may be carried out in accordance with the contract, and
b
where the inspection is carried out in accordance with the contract, section 10, and Chapter II of Part 1 of the School Inspection Act 1996 Act, and Schedule 3 to that Act, are to continue to apply in relation to that inspection.
3
Notwithstanding the coming into force of section 17213, the substitution of section 463 of the 1996 Act is not to apply until 1 September 2004 in relation to a children’s home within the meaning of section 1(6) of the Care Standards Act 200014 if an application for registration under section 13 of the Care Standards Act 2000 to carry on the children’s home was granted before 1st January 2004.
Recoupment9
Notwithstanding the coming into force of the repeal of section 492 of the 1996 Act15, during the period beginning on 9th January 2004 and ending immediately before the beginning of the day on which regulations made by the National Assembly for Wales under section 207 come into force, the Education (Inter-authority Recoupment) Regulations 199416 are to continue to have effect in relation to Wales as though they were made by the National Assembly under section 207 and as though there were substituted for the words “the Secretary of State” in regulation 3(2)(b) the words “the National Assembly for Wales”.
Amendment of the Education (Infant Class Sizes) (Wales) Regulations 199810
1
The Education (Infant Class Sizes) (Wales) Regulations 199817 are amended as follows.
2
In regulation 2(1) omit the definition of “qualified teacher” and insert after the definition of “school” the following definition —
“school teacher” has the meaning given by section 4 of the 1998 Act18;
3
In regulation 3(2) and (3) substitute for the words “qualified teacher” the words “school teacher”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 199819
(This note is not part of the Regulations)