The Education and Inspections Act 2006 (Commencement No. 3 and Transitional Provisions and Savings) Order 2007

Citation and interpretation

1.—(1) This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 3 and Transitional Provisions and Savings) Order 2007.

(2) In this Order—

“the Act” means the Education and Inspections Act 2006,

“EA 1996” means the Education Act 1996(1),

“SSFA 1998” means the School Standards and Framework Act 1998(2).

Provisions coming into force on 28th March 2007

2.  Section 164 of the Act comes into force in relation to England only on 28th March 2007.

3.  Section 160 of the Act comes into force on 28th March 2007.

Provisions coming into force on 1st April 2007

4.  The following provisions of the Act come into force in relation to England only on 1st April 2007—

(a) Chapter 1 of Part 7,

(b) sections 165 to 166,

(c) section 184 to the extent that it relates to the provisions set out in paragraph (d),

(d) in Schedule 18 (Part 6), the repeal—

in EA 1996 of sections 550A and 550B,

in the Education Act 1997 of sections 4 and 5, and

in SSFA 1998 of section 61.

5.  The following provisions of the Act come into force on 1st April 2007—

(a) section 5 in relation to primary schools which are not special schools, only in relation to the local education authorities listed in the Schedule,

(b) section 18 (1) to (3),

(c) section 21 to 24,

(d) section 25 (5), (6) and (7),

(e) section 26,

(f) section 27 (1) to (6) and (8),

(g) sections 31 and 32,

(h) section 33 to the extent that it inserts sections 23A(9) and (10) and 23B of SSFA 1998,

(i) section 35 to the extent that it inserts paragraph 9A (3) of Schedule 3 to SSFA 1998,

(j) sections 59 to 73,

(k) section 74 (4),

(l) section 76,

(m) section 77 (1) to the extent that it inserts section 508B(11) and 508D of EA 1996,

(n) sections 78 to 80,

(o) section 83,

(p) section 84 to the extent that it relates to travel functions under sections 508A and 509AA of EA 1996,

(q) section 85 to the extent that it relates to provisions set out in paragraph (ee),

(r) section 112 (4), to the extent that it is not already in force,

(s) sections 113 to 115,

(t) section 116 (1) (c) and (2),

(u) sections 118 to 153 to the extent that they are not already in force,

(v) section 155 to the extent that it is not already in force,

(w) section 157,

(x) section 158 to the extent that it relates to the provisions set out in paragraph (hh),

(y) section 176,

(z) section 184 to the extent that it relates to the provision set out in paragraph (ii),

(aa) in Schedule 2, paragraphs 5, 11, 13 to 15, 18 (1), 19 and 20,

(bb) Schedule 6,

(cc) Schedule 7,

(dd) Schedule 9,

(ee) in Schedule 10, paragraph 5,

(ff) Schedule 11, to the extent that it is not already in force,

(gg) Schedules 12 to 14,

(hh) Schedule 15, to the extent that it is not already in force,

(ii) in Schedule 18—

• Part 4 (Schools Causing Concern),

• Part 5 (Inspections), except for the repeal of section 38 of the Children Act 2004.

Provisions coming into force on 25th May 2007

6.  The following provisions of the Act come into force in relation to England only on 25th May 2007—

(a) section 1,

(b) section 56,

(c) section 184 to the extent that it related to the provision set out in paragraph (d),

(d) in Schedule 18 (Part 6) the repeal of section 5 of SSFA 1998.

7.  The following provisions of the Act come into force on 25th May 2007—

(a) sections 2 and 3,

(b) sections 7 to 17,

(c) section 18 (4) and (5),

(d) section 19 and 20,

(e) section 25 (1) to (4) and (8),

(f) section 27 (7),

(g) section 28 to 30,

(h) section 33 to the extent it is not already in force,

(i) section 34,

(j) section 35 to the extent it is not already in force,

(k) section 36,

(l) section 54 to the extent it is not already in force,

(m) section 184 to the extent that it relates to the provision set out in paragraph (q),

(n) in Schedule 2, paragraphs 1 to 4, 6 to 10, 12, 16, 18 (2) to (5), 19 and 21 to 31,

(o) Schedule 3,

(p) Schedule 4,

(q) in Schedule 18—

• Part 3 (School Organisation),

• in Part 6, the repeal—

• in SSFA 1998—

  • in section 77(4), of the words “by a local authority”,

  • in Schedule 3, in paragraph 3 as it applies in relation to England, of sub-paragraph (3), and

  • in Schedule 22 of—

  • paragraph 1(1) (c),

  • in paragraph 2(1)(a), the words from “or acquired” to the end,

  • in paragraph 3(1)(a), the words from “or acquired” to the end,

  • paragraph 3(1)(d),

  • in paragraph 3(1)(f), the words “(d) or” and

  • in paragraph 3(8), the words “(d),”,

• in the Education Act 2002, in Schedule 21, of paragraph 118(3)(b) and (4)(a)(ii),

• in the Education Act 2005, in Schedule 12, of paragraph 15.

Transitional provisions and savings

8.—(1) Despite the disapplication of section 15 of SSFA 1998 from England made by Schedule 7 to the Act, that section continues to have effect in relation to any warning notice given to the governing body of a maintained school in England under that section before 1st April 2007.

(2) An appointment of additional governors of a maintained school in England under section 16 of SSFA 1998 made before the 1st April 2007 has effect for the purposes of Part 4 of the Act as if it was made under section 64 of the Act.

(3) An appointment of interim executive members of a maintained school in England under section 16A of SSFA 1998 made before 1st April 2007 has effect for the purposes of Part 4 of the Act as if it was made under section 65 of the Act.

(4) A suspension of the governing body of a maintained school in England’s right to a delegated budget under section 17 of SSFA 1998 before 1 April 2007 has effect for the purposes of Part 4 of the Act as if it was made under section 66 of the Act.

(5) Despite the disapplication of paragraphs 1 to 4 of Schedule 22 to SSFA 1998 from England made by paragraphs 3 to 8 of Schedule 4 to the Act, those paragraphs continue to apply, in relation to all requests made to the Secretary of State to exercise his consent or order making powers under those paragraphs, before 25th May 2007.

(6) Despite the coming into force of section 83(2)(a) of the Act, local education authorities in England are to continue to have regard to any guidance issued before 1st April 2007 by the Secretary of State under section 509AB of EA 1996 until the Learning and Skills Council for England issues guidance under that section.

(7) Despite the coming into force of section 83(2)(b) of the Act, local education authorities in England must continue to consult any person specified by the Secretary of State before 1st April 2007 for the purposes of section 509AB of EA 1996 until the Learning and Skills Council for England specifies any person for the purposes of that section.

Jim Knight

Minister of State

Department for Education and Skills

20th March 2007