The Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993

Article 9

SCHEDULE 1 PROVISIONS COMING INTO FORCE ON 1ST OCTOBER 1993

Provisions of the Act	Subject matter of provisions
Section 1.	General duty of the Secretary of State.
Section 2.	Duty of the Secretary of State in the case of primary, secondary and further education.
Section 192 (save that subsections (6) and (7) are brought into force only for the purposes of school attendance orders with respect to children other than those for whom a statement is maintained under section 7 of the 1981 Act).	School attendance orders.
Section 193.	School to be named in a school attendance order relating to a child without a statement of special educational needs.
Section 194.	Specification of schools in notices under section 193(2) of the Act.
Section 195.	Amendment of school attendance order relating to a child without a statement of special educational needs.
Section 197(1) to (4) and (6).	Revocation of school attendance order at request of parent.
Section 198.	Offence: failure to comply with a school attendance order.
Section 199.	Offence: failure to secure regular attendance at school.
Section 200.	Presumption of age.
Section 201.	Institution of proceedings and punishment.
Section 202.	Education supervision orders.
Section 203.	Exemption where child attains the age of five years during term.
Section 229(1) (so far as it amends section 12(1) of the Education Act 1980(1) by inserting after “county school” in paragraph (d) the words “or to transfer a county school to a new site in the area”).	Amendments to section 12 of the Education Act 1980 (establishment and alteration of county schools by local education authorities).
Section 230(1) and (3) to (5) (save that subsection (1) is brought into force only in so far as it amends section 13(1) of the Education Act 1980 by inserting after “the school” in paragraph (b) the words “or to transfer the school to a new site”).	Amendments to section 13 of the Education Act 1980 (establishment and alteration of voluntary schools).
Section 242.	National Curriculum: temporary procedure for making certain orders.
Section 243.	National Curriculum: procedure for making certain orders in relation to Wales.
Section 244.	Establishment of the School Curriculum and Assessment Authority (“SCAA”).
Section 245.	Functions of SCAA.
Section 247.	Transfer of property to SCAA.
Section 248.	Transfer of staff to SCAA.
Section 249.	Curriculum Council for Wales: finance.
Section 250.	Curriculum Council for Wales: proceedings.
Section 251.	Curriculum Council for Wales: accounts.
Section 259.	Inspection of religious education.
Section 260.	Co-ordinated arrangements for admission to schools.
Section 263.	Provision of information about city technology colleges and city colleges for the technology of the arts.
Section 264.	Distribution of information about schools providing primary education.
Section 265.	Distribution of information about further education institutions by schools.
Section 269.	Investigation by Local Commissioner of decisions of certain appeal committees.
Section 270.	Admission arrangements for voluntary aided etc. schools: modification or replacement of agreements under section 6(6) of the Education Act 1980(2).
Section 280.	Charges for musical instrument tuition.
Section 282.	Power of local education authorities to assist governors of aided and special agreement schools.
Section 283.	Power of local education authorities to assist promoters of voluntary schools.
Section 284.	Duty of local education authorities to convey interest in premises to the trustees of voluntary schools.
Section 285.	Disapplication of section 123(2) of the Local Government Act 1972(3).
Section 286.	Repeal of section 3(4) of the Education Act 1968(4).
Section 293.	Corporal punishment: England and Wales.
Section 294.	Corporal punishment: Scotland.
Schedule 14.	Further provisions relating to SCAA.
Paragraphs 1, 3, 4, 5, 8, 11, 14, 15, 20(a), 23(a)(i) (so far as it amends paragraph (c)(i) of section 105(2) of the Education Act 1944(5) by inserting after “premises” the words “or on a transfer of the school to a new site”), 24(a)(ii) to (iii), 25, 28, 30, 32, 34 (so far as it relates to the Curriculum Council for Wales and the School Curriculum and Assessment Authority), 35, 40, 41, 42, 43, 56, 64, 68, 69, 72, 75, 77(a), 78, 80, 84, 112, 118(b) to (d), 119, 122, 124, 131, 132, 141, 149, 152, 154 (so far as it relates to paragraph 4 of Schedule 12 to the Children Act 1989(6)), 155, 170 and 175 of Schedule 19.	Minor and consequential amendments.
Schedule 21, in so far as it relates to the repeals set out in the Appendix to this Schedule, and section 307(3) so far as it relates thereto.	Repeals.

Appendix to Schedule 1 REPEALS TAKING EFFECT FROM 1ST OCTOBER 1993

Chapter	Short title	Extent of repeal
1933 c. 12.	The Children and Young Persons Act 1933.	Section 10
1944 c. 31.	The Education Act 1944.	Section 1(1). In section 6, the words in subsection (1) from “Subject” to “Act” and subsection (2). In section 16(1), “any county school or” and the words following “the new site”. Sections 37, 39 and 40. In section 114(1), in the definition of “secondary school”, “primary or”. In the Eighth Schedule, the entry relating to section 10 of the Children and Young Persons Act 1933.
1948 c. 40.	The Education (Miscellaneous Provisions) Act 1948.	Section 9.
1953 c. 33.	The Education (Miscellaneous Provisions) Act 1953.	Section 10.
1967 c. 80.	The Criminal Justice Act 1967.	In Schedule 3, the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944.
1968 c. 17.	The Education Act 1968.	Section 3(4). In Schedule 1, paragraph 1.
1969 c. 54.	The Children and Young Persons Act 1969.	In Schedule 5, paragraphs 2 and 13.
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 6, the entry relating to the Education Act 1944.
1980 c. 20.	The Education Act 1980.	Sections 10 and 11. In Schedule 1, paragraph 10.
1988 c. 40.	The Education Reform Act 1988.	In section 14, subsection (4) and, in subsection (5), the words “or (as the case may be) subsection (4)(g)”. In section 25(1), the definition of the expression “the Curriculum Council”. In Schedule 2, in paragraph 18, the words “in such form as the Secretary of State may direct with the approval of the Treasury”.
1989 c. 41.	The Children Act 1989.	In section 36(8), the words from “social” to “of the”. In Schedule 13, paragraphs 4 and 8.

Article 10

SCHEDULE 2 TRANSITIONAL PROVISIONS

1.  Until the entry into force of section 168 of the Act, sections 193(1) and 195(1) of the Act shall have effect as if the references in those provisions to section 168 of the Act were references to section 7 of the 1981 Act.

2.  Until the entry into force of sections 149 to 151 of the Act, section 194(2)(b) shall have effect as if the reference in that section to sections 149 to 151 of the Act were a reference to section 83 of the 1988 Act.

3.  Until the entry into force of section 98 of the Act, section 13(3)(c) of the 1992 Act (as substituted by section 259(2) of the Act) shall have effect as if the reference in that section to section 98 of the Act were a reference to section 89 of the 1988 Act.

4.—(1) Until the entry into force of paragraph 5 of Schedule 6 to the Act, section 25(5) of the Local Government Act 1974(7) (as amended by section 269 of the Act) shall have effect as if the reference in that section to paragraph 5 of Schedule 6 to the Act were a reference to paragraph (d) of section 58(5) of the 1988 Act.

(2) Notwithstanding the amendment made to section 25(5) of the Local Government Act 1974 by section 269 of the Act, Part III of the Local Government Act 1974 shall not have effect to enable the Local Commissioner to conduct an investigation with respect to any action of an appeal committee constituted in accordance with paragraph (2) of Schedule 2 to the Education Act 1980 or for the purposes of section 58(5)(d) of the 1988 Act where notice of the appeal to which the action relates was served before 1st October 1993.

5.  Until the repeal of section 14(1)(a) and (c) of the 1988 Act by section 307(3) of, and Schedule 21 to, the Act has effect, subsections (3), (5) and (6) of section 14 of the 1988 Act (as amended by paragraph 118(b) to (d) of Schedule 19 to the Act) shall have effect as if the references in each of those subsections to “the Council” were references to “the Curriculum Council for Wales”.

Emily Blatch

Minister of State,

Department for Education

30th July 1993

(1)

1980 c. 20.

(2)

Section 6(6) was inserted by section 30(3) of the Education Reform Act 1988 (c. 40).

(3)

1972 c. 70.

(4)

1968 c. 17; section 3(4)(a) was partially repealed by paragraph 24 of Schedule 1 to the Education Act 1980 (c. 20), and section 3(4)(b) was amended by paragraph 16 of Schedule 3 to that Act.

(5)

1944 c. 31; section 105(2)(c) was substituted by paragraph 4(2) of Schedule 1 to the Education Act 1968 (c. 17).

(6)

1989 c. 41.

(7)

1974 c. 7; subsection (5) of section 25 of the Local Government Act 1974 was inserted by section 7(7) of the Education Act 1980 (c. 20).