The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005

Maintained nursery schools

7.—(1) Despite the coming into force of the definition of maintained school in section 39 of the 2002 Act(1), the requirements imposed by sections 19(1) and 20(1) of the 2002 Act(2) in so far as they relate to maintained nursery schools need not be met until 31 March 2006.

(2) Until an instrument of government is in force for a maintained nursery school under section 20(1) of the 2002 Act, the relevant provisions have effect only for the purpose of enabling the instrument of government to be made and the governing body to be constituted for that school.

(3) Accordingly until such time, the National Assembly for Wales, local education authorities, governing bodies and head teachers are to continue to have those same functions in relation to maintained nursery schools as they had immediately before the commencement of the relevant provisions.

(4) In this regulation “the relevant provisions” means the provisions of the Education Act 2002 brought into force by the Education Act 2002 (Commencement No. 7) Order 2005(3) and the provisions of these Regulations, in so far as functions are conferred on the National Assembly for Wales, local education authorities, governing bodies or head teachers by or under those provisions in relation to maintained nursery schools.

(1)

Section 39 of the 2002 Act comes into force on 31 October 2005 by virtue of S.I. 2005/2910 (W.207) (C.124).

(2)

Sections 19 and 20 of the 2002 Act come into force on 31 October 2005 by virtue of S.I. 2005/2910 (W.207) (C.124).

(3)

SI 2005/2910 (W.207) (C.124).