Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 9th December 1993 section 24 of the Education Act 1993 (which relates to the duty of the governing bodies of schools which are eligible for grant-maintained status to consider once in each school year a ballot on grant-maintained status).

The Order brings into force on 1st January 1994 the provisions of the 1993 Act specified in Schedule 1. These include provisions of Chapter II of Part II, Part I of Schedule 3 and Schedule 4 (which relate to the procedure for the acquisition of grant-maintained status); provisions of Chapter III of Part II (which relate to the property, staff and contracts of schools which are subject to the procedure for acquisition of grant-maintained status); and provisions of Chapter V of Part II and Schedules 5 to 7 (which relate to the government and conduct of grant-maintained schools).

The provisions brought into force by the Order on 1st January 1994 also include sections 157 and 158 (which relate to the code of practice concerning the exercise of functions under Part III); sections 177(2) to (6) and 178 to 180(1) and (2) (which relate to the appointment of persons to serve on the Special Educational Needs Tribunal and the making of regulations with respect to the proceedings of that Tribunal); sections 238 and 239 and Schedule 13 (which relate to the incorporation of governing bodies of county, voluntary and maintained special schools); sections 266 to 268 and Schedule 16 (which relate to appeal committees and the appointment of lay members to sit on such committees); sections 287 and 288 (which relate to religious educational trusts); and sections 290 to 292 (which relate to independent schools).

Also brought into force on 1st January 1994 are provisions of Part II of Chapter V and Schedule 12 (which are concerned with new powers in relation to schools requiring special measures).

The Order also contains transitional provisions.Part I of Schedule 2 contains transitional provisions consequential on the commencement of Chapters I, II and III of Part II.Part II of Schedule 2 contains transitional provisions consequential on the commencement of Chapter V of Part II.Part III contains transitional provisions relating to other provisions brought into force by this Order on 1st January 1994.