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Statutory Instruments

2003 No. 124 (C. 7)

EDUCATION, ENGLAND

The Education Act 2002 (Commencement No.4 and Transitional and Saving Provisions) Order 2003

Made

28th January 2003

In exercise of the powers conferred on the Secretary of State by section 216(2),(4) and (5) of the Education Act 2002(1), the Secretary of State for Education and Skills hereby makes the following Order:

Citation and Interpretation

1.—(1) This Order may be cited as the Education Act 2002 (Commencement No. 4 and Transitional and Saving Provisions) Order 2003.

(2) In this Order—

“the 1996 Act” means the Education Act 1996(2).

“the 2002 Act” means the Education Act 2002.

Provisions coming into force on 1th March 2003

2.  The following provisions of the 2002 Act shall come into force except in relation to Wales on 1th March 2003:

Provisions coming into force on 1th April 2003

3.  Section 209 of the 2002 Act shall come into force on 1th April 2003.

4.  The following provisions of the 2002 Act shall come into force except in relation to Wales on 1th April 2003:

Provisions coming into force on 6th April 2003

5.  The following provisions of the 2002 Act shall come into force except in relation to Wales on 6th April 2003:

Transitional and saving provisions

6.  A child receiving nursery education and for whom school lunches are being provided immediately before 6th April 2003 shall, until he ceases to receive nursery education, be treated as if there were no prescribed requirements applying to him under section 512(3)(a) of the 1996 Act (as substituted by section 201 of the 2002 Act).

7.  Despite the amendment of section 484 of the 1996 Act made by subsection (2) of section 18 of, and paragraph 49 of Schedule 21 to, the 2002 Act

(a)the Education Standards Fund (England) Regulations 2002 (3), and

(b)the Education (Partnership Grant) Regulations 1998 (4)(to the extent that they are made under section 484 of the 1996 Act)

shall remain in force in relation to the period ending on 1st April 2004.

David Miliband

Minister of State

Department for Education and Skills

28th January 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force provisions of the Education Act 2002 on 1th March, 1th April and 6th April 2003.

Article 2 commences certain subsections of sections 19, 20, 21, 33, 35 and 36, and sections 23 and 26 (powers to make regulations in respect of the government of maintained schools), and amendments in Schedules 21 consequential on certain Welsh provisions, on 1th March.

Article 3 commences section 209 (paid chairmen for local leaning and skills councils) on 1th April 2003.

Article 4 commences the repeal of specific grant making powers listed in section 18, certain subsections of sections 19, 20, 24, 74 and sections 25 and 34 (provisions in respect of federated schools and new schools), sections 44 (in part) and 45 (accounts and financial statements of maintained schools), section 72, Schedules 9 and part of 10 (reorganisation of sixth forms), section 153 (powers of LEAs in respect of funded nursery education), and sections 207 and 208 (recoupment) together with associated consequential amendments and repeals to those provisions in Schedules 21 and 22, on 1th April. Section 39(1) in respect of the inclusion of maintained nursery schools in the definition of maintained schools is still not commenced, and all related provisions relating to maintained nursery school governing bodies remain uncommenced.

Article 5 commences sections 200 (remission of charges) and 201 (LEA functions concerning school lunches, milk etc) – but not in respect of its application to funded nursery education – on 6th April 2003 to co-incide with the tax year.

The provision listed in article 3 only applies to England. It is brought into force for all purposes in accordance with the Secretary of State’s power in section 216(2). The provisions listed in articles 2, 4 and 5 are brought into force for England only, in accordance with the Secretary of State’s power in section 216(4).

The Order also makes transitional and saving provisions in respect of the entitlement to school lunches, and repeal of certain specific grant making regulations.

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:

ProvisionDate of CommencementS.I. No.
Section 1 (partially), as to England1th October 20022002/2439
Sections 2 to 5, as to England1th October 20022002/2439
Sections 11 and 12, as to England20th January 20032002/2952
Sections 14 to 17, as to England1th October 20022002/2439
Sections 14 to 17 and 18(2), as to Wales31th March 20032002/3185 (W.301)
Section 19(6), as to England1th October 20022002/2439
Sections 27 and 28, as to England2th September 20022002/2002 as amended by 2002/2018
Section 30, as to England1th October 20022002/2439
Section 37, as to England1th October 20022002/2439
Section 39(1)(partially), as to England1th October 20022002/2439
Section 39(2), as to England1th October 20022002/2439
Section 40, as to England2th September 20022002/2002
Section 41(1) and (3), as to England1th October 20022002/2439
Section 42, as to England1th October 20022002/2439
Section 43, as to England2th September 20022002/2002
Section 46, as to England20th January 20032002/2952
Sections 47 to 49, as to England1th October 20022002/2439
Section 49, as to Wales19th December 20022002/3185 (W.301)
Section 50, as to England20th January 20032002/2952
Section 51 (partially), as to England1th October 20022002/2439
fully, as to England20th January 20032002/2952
Section 52(1) to (6), as to England20th January 20032002/2952
Sections 54 to 59, as to England2th September 20022002/2002
Sections 54 to 56, as to Wales19th December 20022002/3185 (W.301)
Sections 60 and 61, as to England26th July 20022002/2002
Sections 62 to 64, as to England1th October 20022002/2439
Section 6526th July 20022002/2002
Section 6620th January 20032002/2952
Sections 67 to 6926th July 20022002/2002
Section 75 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 76 and 771th October 20022002/2439
Section 78 (partially)26th July 20022002/2002
(fully)1th October 20022002/2439
Sections 79 to 96,1th October 20022002/2439
Sections 97, 98, 99(1),19th December 20022002/3185 (W.301)
Section 100 (partially),19th December 20022002/3185 (W.301)
Section 101 (partially),19th December 20022002/3185 (W.301)
Sections 103, 105 to 107,19th December 20022002/3185 (W.301)
Section 108 (partially),19th December 20022002/3185 (W.301)
Sections 109, 111 to 118,19th December 20022002/3185 (W.301)
Section 1191th October 20022002/2439
Section 120(1), and (3) to (5)1th October 20022002/2439
Section 1211th October 20022002/2439
Section 130 (partially)1th October 20022002/2439
Section 131, as to England1th October 20022002/2439
Section 131, as to Wales19th December 20022002/3185 (W.301)
Section 132 and 133 as to Wales19th December 20022002/3185 (W.301)
Section 134 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 135, as to Wales19th December 20022002/3185 (W.301)
Section 141, as to Wales19th December 20022002/3185 (W.301)
Sections 142 to 144, as to Wales31th March 20032002/3185 (W.301)
Section 145, as to Wales19th December 20022002/3185 (W.301)
Section 146 (partially), as to Wales31th March 20032002/3185 (W.301)
Section 148 (partially), as to England1th October 20022002/2439
Section 148 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 148 (partially), as to Wales31th March 20032002/3185 (W.301)
Section 149, as to England1th October 20022002/2439
Section 149, as to Wales31th March 20032002/3185 (W.301)
Section 150, as to England1th October 20022002/2439
Section 150, as to Wales31th March 20032002/3185 (W.301)
Section 151(1), as to England1th October 20022002/2439
Section 151(2), as to Wales19th December 20022002/3185 (W.301)
Section 152 (partially), as to England2th September 20022002/2002
Section 152 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 155 (partially), as to England2th September 20022002/2002
(fully), as to England1th October 20022002/2439
Section 156, as to England1th October 20022002/2439
Section 177, as to England1th October 20022002/2439
Section 178(1) and (2), as to England1th October 20022002/2439
Section 178(3), as to England20th January 20032002/2952
Section 179, as to England1th October 20022002/2439
Section 179 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 180, as to England1th October 20022002/2439
Section 180, as to Wales19th December 20022002/3185 (W.301)
Section 187, as to England1th October 20022002/2439
Section 188 (partially), as to England1th October 20022002/2439
Section 188 (partially), as to Wales19th December 20022002/3185 (W.301)
Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply except in relation to Wales1th October 20022002/2439
Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply in relation to Wales19th December 20022002/3185 (W.301)
Section 191 to 194, as to Wales19th December 20022002/3185 (W.301)
Section 195 (partially), as to Wales31th March 20032002/3185 (W.301)
Section 195 (partially), as to Wales1th September 20032002/3185 (W.301)
Section 196, as to Wales19th December 20022002/3185 (W.301)
Section 199, as to England20th January 20032002/2952
Section 200, as to Wales31th March 20032002/3185 (W.301)
Section 201 (partially), as to Wales31th March 20032002/3185 (W.301)
Section 204, as to England2th September 20022002/2002
Sections 205 and 206, as to England1th October 20022002/2439
Section 215 (partially), as to England26th July 20022002/2002
(partially), as to England2th September 20022002/2002
(partially), as to England1th October 20022002/2439
(partially), as to Wales19th December 20022002/3185 (W.301)
(partially), as to England20th January 20032002/2952
(partially), as to Wales31th March 20032002/3185 (W.301)
(partially), as to Wales1th September 20032002/3185 (W.301)
Schedule 1, (partially), as to England2th September 20022002/2002
(fully), as to England1th October 20022002/2439
Schedule 3, paragraphs 1 to 5, as to England2th September 20022002/2002
Schedule 4, paragraphs 1, 3, 5 to 7, 10, 11, 13 and 14, as to England1th October 20022002/2439
Schedule 4, fully, as to England20th January 20032002/2952
Schedules 5 and 6, as to England2th September 20022002/2002
Schedule 5, as to Wales19th December 20022002/3185 (W.301)
Schedule 726th July 20022002/2002
Schedule 10, paragraphs 1, 6, 11 and 15, as to Wales19th December 20022002/3185 (W.301)
Schedule 111th October 20022002/2439
Schedule 12, paragraphs 1, 2, 4(1), and (3), 6, 9, 11 and 12(1) and (2), as to England1th October 20022002/2439
Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7, as to Wales19th December 20022002/3185 (W.301)
Schedule 12, paragraphs 12(1) and (2), as to Wales31th March 20032002/3185 (W.301)
Schedule 13, paragraphs 1 to 3, as to England1th October 20022002/2439
paragraphs 4 and 5, as to England2th September 20022002/2002
paragraphs 6, 7(1) and (3), and (8), as to England1th October 20022002/2439
Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3), and 8, as to Wales19th December 20022002/3185 (W.301)
Schedule 14, paragraphs 1 to 4, as to England2th September 20022002/2002
remaining paragraphs, as to England1th October 20022002/2439
Schedule 15 fully except for the words “(b) nursery school” in paragraphs 2(2)1th October 20022002/2439
Schedule 16, paragraphs 7 to 9, as to England1th October 20022002/2439
Schedule 16, paragraphs 4 to 9, as to Wales19th December 20022002/3185 (W.301)
Schedule 17, paragraphs 1 to 4 and 91th October 20022002/2439
Schedule 17, paragraphs 5(1) – (4), (6), and 6 to 819th December 20022002/3185 (W.301)
Schedule 18 paragraphs 1, 4, 5 and 7, 13 to 1531th March 20032002/3185 (W.301)
paragraph 8 (partially),31th March 20032002/3185 (W.301)
paragraphs 2,3, 6, 8 (fully), 9 to 12, and 16 to 181th September 20032002/3185 (W.301)
Schedule 1920th January 20032002/2952
Schedule 20, as to England1th October 20022002/2439
Schedule 21 (partially), as to England2th September 20022002/2002
(partially), as to England1th October 20022002/2439
(partially), as to Wales19th December 20022002/3185 (W.301)
(partially), as to England20th January 20032002/2952
(partially), as to Wales31th March 20032002/3185 (W.301)
Schedule 22, (partially), as to England26th July 20022002/2002
(partially), as to England2th September 20022002/2002
(partially), as to England1th October 20022002/2439
(partially), as to Wales19th December 20022002/3185 (W.301)
(partially), as to England20th January 20032002/2952
(partially), as to Wales31th March 20032002/3185 (W.301)
(partially), as to Wales1th September 20032002/3185 (W.301)