The Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain provisions of the Education Act 2002 on 1st October 2002. The provisions are listed in articles 2, 3 and 4.

Article 2 relates to provisions concerning the curriculum in England, the School Teachers' Review Body and amendments of Part 5 of the Education Act 1997.

Article 3 relates to powers to facilitate innovation, financial assistance for education and childcare, powers of governing bodies, governors' reports and other information, payments in respect of dismissal etc., determination of specified Local Education Authority (“LEA”) budgets, power to set minimum schools budget, admission numbers, co-ordination of admission arrangements, the repeal of the power to make certain special arrangements for preserving religious character, further provisions re the power to secure proper performance of a LEA’s functions, power to require a LEA to obtain advisory services, school teachers' appraisal, certain provisions in respect of the General Teaching Council for England, duties of a LEA in respect of childcare, early years development and childcare partnerships and plans, childcare functions of Her Majesty’s Chief Inspector, regulation of child minding and day care, inspection of nursery education, meaning of “nursery school”, “primary education” and “secondary education”, workplace training and education for 14 to 16 year olds, rights of entry in relation to inspections, Education Action Zones, the application of Part 5 of the Education Act 1996 to nursery education, and amendments to the law on nuisance or disturbance on educational premises.

The provisions listed in article 2 are those that only apply to England (curriculum), or are non-devolved (teachers' pay and conditions). They are brought into force for all purposes in accordance with the Secretary of State’s power in section 216(2). The provisions listed in article 3 are brought into force for England only, in accordance with the Secretary of State’s power in section 216(4).

Article 4 and the Schedule relate to transitional provisions in relation to the financing of schools for the remainder of this financial year, and admissions arrangements where the amendments take effect in respect of the school years 2004/2005 onwards.