The Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994

Article 3

SCHEDULE 2 PROVISIONS COMING INTO FORCE ON 1ST SEPTEMBER 1994

Provisions of the Act	Subject matter of provisions
Section 160.	Qualified duty to secure education of children with special educational needs in ordinary schools.
Section 164.	Provision outside England and Wales for children with statements of special educational needs.
Section 165.	Duty of local education authorities to identify children with special educational needs.
Section 166(1) to (3) and (5)	Duty of District Health Authority or local authority to help a local education authority in the exercise of their functions.
Section 167 (subsection (5) of that section for all remaining purposes).	Assessment of special educational needs.
Section 168 (subsection (7) of that section for all remaining purposes).	Statements of special educational needs.
Section 169.	Appeals against decision not to make a statement of special educational needs.
Section 170.	Appeals against contents of statements.
Section 171.	Access for local education authorities to certain schools.
Section 172(2) to (5).	Reviews of educational needs of children with statements.
Section 173.	Assessment of a child’s educational needs at request of the parent.
Section 174.	Assessment of a child’s educational needs at the request of the governing body of a grant-maintained school.
Section 175.	Assessment of educational needs of children under the age of two years.
Section 176.	Duties of District Health Authorities and National Health Service trusts in respect of children under the age of five years.
Section 177(1).	Establishment of the Special Educational Needs Tribunal.
Section 180(3), (5) and (6).	Procedure of the Special Educational Needs Tribunal.
Section 192(6) and (7) (for all remaining purposes).	School Attendance Orders.
Section 196.	Choice of school to be specified in a school attendance order: child with statement of special educational needs.
Section 197(5).	Revocation of a school attendance order in respect of a child with a statement of special educational needs under section 168 of the Act.
Section 241.	Sex education.
Section 261.	Restrictions on power to exclude pupils.
Section 262.	Exclusion of pupils: funding.
Section 298 (subsections (2) and (8) for all remaining purposes).	Duty of local education authorities to make exceptional provision of education in school or elsewhere.
Schedule 9 (for all remaining purposes).	Making of assessments under section 167 of the Act.
Schedule 10 (for all remaining purposes).	Making and maintenance of statements under section 168 of the Act.
Schedule 18 (for all remaining purposes).	Pupil referral units.
Paragraphs 16, 31(a), 44, 54(a), 74, 82 (for all remaining purposes), 87(a) and (c), 88, 95, 96, 97 (for all remaining purposes), 98 (for all remaining purposes), 101(a), 120, 121, 139 (for all remaining purposes), 145 (for all remaining purposes), 147, 148, 151, 154 (for all remaining purposes) and 160 of Schedule 19, and section 307(1) so far as it relates thereto.	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 2 REPEALS TAKING EFFECT ON 1ST SEPTEMBER 1994

Chapter	Short title	Extent of repeal
1994 c. 31.	The Education Act 1944.	Section 56.
1981 c. 60.	The Education Act 1981.	Sections 2(2) and (3), 3A, 4, 5, 6, 7(1) to (9) and (11), 8, 9, 10, 15, 16, 18, 19 and 20(1) (other than the definition of “principal Act”).
		Paragraphs 1(1) and (2), 2, 3, and 5 to 7 of Schedule 1, paragraphs 2 to 8 of Schedule 2 and paragraphs 8(2)(a) and (c), 9, 15 and 16 of Schedule 3.
1986 c. 61.	The Education (No. 2) Act 1986.	In section 23(a)(ii) and (b) “or indefinite”.
		Section 24(c) and (e) and, in paragraph (f), “or (c)”.
		Section 25(d), (e) and (f).
1988 c. 40.	The Education Reform Act 1988.	In section 235(1), the definition of “the 1981 Act”.
		In Schedule 12, paragraphs 27, 28 and 83 to 85.
1989 c. 41.	The Children Act 1989.	Section 27(4).
		In Schedule 12, paragraph 36.
1990 c. 19.	The National Health Service and Community Care Act 1990.	In Schedule 9, paragraph 22.