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Education Act 2002
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Changes to legislation:
Education Act 2002, Section 128 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 128:
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1A and 2 by S.I. 2005/2570 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 27(1A) inserted by 2010 c. 26 s. 4(1)
- s. 29(2A)-(2D) inserted by 2009 c. 22 s. 260(4) (This amendment not applied to legislation.gov.uk. S. 250 omitted (1.9.2012) by virtue of 2011 c. 21, s. 29(9)(d); S.I. 2012/1087, art. 3)
- s. 29B inserted by 2008 c. 25 s. 157
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
- s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
- s. 86(1) s. 86 renumbered as s. 86(1) by 2006 c. 40 s. 74(2)(c)
- s. 86(2) inserted by 2006 c. 40 s. 74(2)(c)
- s. 88(2)-(7) inserted by 2006 c. 40 s. 74(3)
- s. 88(7) repealed by S.I. 2010/1080 Sch. 1 para. 45 Sch. 2 Pt. 1 (This amendment not applied to legislation.gov.uk. The insertion of s. 88(2)-(7) by 2006 c. 40, s 74(3) was repealed without ever being brought into force.)
- s. 142(9)(b) words substituted by S.I. 2010/1158 Sch. 2 para. 11(10)(b)
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
128 Education action zoneE+W
This section has no associated Explanatory Notes
(1)This section applies to a school which forms part of an education action zone for the purposes of Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31).
(2)On the application of the governing body of a school, the Secretary of State may by order provide that section 122(2) shall not apply to any school teacher at the school.
(3)Where an order under subsection (2) is in force in respect of a school—
(a)the governing body shall determine the remuneration and other conditions of employment of each school teacher at the school,
(b)the [F1local authority] shall do anything necessary to give effect to the governing body’s determination, and
(c)pending a determination under paragraph (a), the terms on which a school teacher works at the school shall remain unchanged (irrespective of any new order under section 122).
(4)A governing body may not make an application under subsection (2) unless they have consulted each school teacher at the school.
(5)An application under subsection (2) must specify a date for commencement of the order sought; and—
(a)the date specified must not precede the expiry of the period of three months beginning with the date on which the application is made, and
(b)an order made on the application must provide that it comes into force on the date specified in the application or on a later date which is agreed between the Secretary of State and the governing body and which is specified in the order.
(6)The Secretary of State may make regulations about the application of section 122(2) where an order under subsection (2) above—
(a)is revoked, or
(b)lapses (in whole or in part) because one or more schools to which the order relates cease to form part of an education action zone.
(7)In this section “school teacher” has the same meaning as in section 122.
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
Commencement Information
I1S. 128 in force at 1.8.2003 by S.I. 2003/1667, art. 2
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