The Education and Inspections Act 2006 (Commencement No. 1 and Saving Provisions) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the first commencement order made under the Education and Inspections Act 2006. Article 2 contains the provisions to be commenced.

Section 40 amends sections 84 and 85 of the School Standards and Framework Act 1998 so as to change the term “code of practice” to “code for school admissions”, and the duty to “have regard” to the code to a duty to “act in accordance” with it. Section 40 and the consequential repeals are commenced in relation to England.

Section 112 establishes an Office for Standards in Education, Children’s Services and Skills (“the Office”). Schedule 11 sets out the governance of the Office. Section 116 sets out the functions of the Office, and section 117 defines the purpose of those functions and the manner in which the Office is to exercise them. Paragraph 7 of Schedule 15 provides that the Secretary of State may by regulations confer on the Office and the existing Chief Inspector such powers, and impose on them such duties, as the Secretary of State considers necessary or expedient in order to prepare for the performance by the new Chief Inspector of her functions. It also provides that any such regulations may be made at any time before the new Chief Inspector acquires her functions, and imposes a duty on the Adult Learning Inspectorate, the Chief Inspector of Adult Learning, the Commission for Social Care Inspection and inspectors of court administration to give such assistance to the Office and the existing Chief Inspector as is reasonably required for this preparation.

Articles 3 and 4 contain saving provisions to ensure that the current Codes and the current duty to have regard to them under section 84 of the School Standards and Framework Act 1998, continue in force until new codes for school admissions come into force. Appeals made before the new code in relation to school admission appeals comes into force will continue under the current Code for School Admission Appeals.