The Education (No. 2) Act 1986 (Commencement No. 2) Order 1987

1.—(1) Subject to sub-paragraph (2) below, this paragraph applies in relation to every county, voluntary and maintained special school.

(2) This paragraph —

(a) shall not apply in relation to a school unless, immediately before 1st September 1987, there were in force for the school —

(i) an instrument of government made under section 17 of the 1944 Act or section 2 of the 1968 (No. 2) Act; or an arrangement made under section 3 of the 1980 Act; and

(ii) articles of government made under section 17 of the 1944 Act or section 2 of the 1968 (No. 2) Act; and

(b) shall cease to apply in relation to a school on whichever is the earliest of the following dates:—

(i) the date of the coming into force of an instrument of government for the school made under the Act;

(ii) the date of the coming into force of articles of government for the school made under the Act;

(iii) the relevant date.

(3) In sub-paragraph (2)(b)(iii) above, “the relevant date” means, in relation to any county or maintained special school, 1st September 1988; or, in relation to any voluntary school, 1st September 1989.

(4) During such time as this paragraph applies in relation to a school —

(a) the instrument of government or (as the case may be) arrangement for the school, and the articles of government for the school, shall continue in force and be treated as having been made under the Act;

(b) Article 3 of this Order, so far as it brings into force —

(i) sections 3 to 7, 8(2) to (5), 11, 13 to 15, 16(1) and (3), 18 and 19, 21 to 27, 34 to 42 and 57 of the Act;

(ii) paragraphs 3 to 5 of Schedule 1 to the Act; and

(iii) Schedule 3 to the Act;

shall not apply in relation to the school;

(c) subsection (4) of section 22 of the 1944 Act shall, notwithstanding the bringing into force by this Order of paragraph 2 of Schedule 4 to the Act (which amends that subsection), continue to have effect in relation to the school as though paragraph 2 of that Schedule had not come into force;

(d) the repeals of the enactments referred to in the Appendix to this Schedule shall not affect the operation of those enactments in relation to the school; and

(e) the requirements contained in sections 29 and 32 of the Act shall have effect, in relation to the school, as though they were requirements imposed directly by those sections, instead of requirements to be imposed under the articles of government for the school.