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Statutory Instruments
2002 No. 2952 (C.93)
EDUCATION, ENGLAND
The Education Act 2002 (Commencement No. 3 and Savings and Transitional Provisions) Order 2002
Made
26th November 2002
In exercise of the powers conferred by sections 216(4) and (5) of the Education Act 2002(1), the Secretary of State for Education and Skills hereby makes the following Order:
Citation and Interpretation
1.—(1) This Order may be cited as the Education Act 2002 (Commencement No. 3 and Savings and Transitional Provisions) Order 2002.
(2) In this Order “the 2002 Act” means the Education Act 2002.
Provisions coming into force
2. The following provisions of the 2002 Act shall come into force on 20th January 2003:
sections 11 and 12;
section 46;
section 50;
section 51 so far as it is not already in force;
section 52(1) to (6);
section 66;
section 178(3);
section 199;
section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;
Schedule 4 so far as it is not already in force;
Schedule 19;in Schedule 21, paragraphs 1, 2, 4, 22, and 27(1) and (2);
in Schedule 22–
the repeal of section 25(5)(b) of the Local Government Act 1974,
the repeal of paragraph 90 in Schedule 8 to the Further and Higher Education Act 1992,
the repeal of section 509(6) of the Education Act 1996,
the repeal of paragraphs 27 and 28 in Schedule 7 to the Education Act 1997 in so far as those paragraphs are not already repealed,
the repeal of sections 64 to 68 of, and Schedules 18, 24 and 25, and paragraphs 3(3), 47(a), 133(b) in Schedule 30 to, the School Standards and Framework Act 1998,
the repeal of sub-paragraphs (6)(b), (7)(b) and (c) and (8) of paragraph 59 in Schedule 9 to the Learning and Skills Act 2000.
3. The Schedule to this Order shall have effect for the purposes of making transitional provision and savings in relation to the provisions to which it refers.
David Miliband
Minister of State
Department for Education and Skills
26th November 2002
SCHEDULETRANSITIONAL AND SAVING PROVISIONS
Interpretation
1. In this Schedule—
“the 1996 Act” means the Education Act 1996(2);
“the 1998 Act” means the School Standards and Framework Act 1998(3);
“maintained school” has the meaning given to it by section 84(6) of the 1998 Act;
“maintained nursery school” has the meaning given to it by section 97 of the 2002 Act;
“pupil referral unit” has the meaning given to it by section 19(2) of the 1996 Act;
“school year”, in the context of references to the admission of a child to a maintained school or a maintained nursery school in any particular year, means the school year in which he would first take up a place in consequence of a decision to admit him.
Nursery education, special schools and children with statements
2. Despite the coming into force of paragraph 12 of Schedule 4 to the 2002 Act, in relation to the amendment of section 98 of the 1998 Act,
(a)the amendment made by sub-paragraph (2) shall not have effect in relation to the admission of a child to a maintained school for nursery education for any school year earlier than the 2004-05 school year;
(b)the amendments made by sub-paragraphs (3), (4) and (5) shall not have effect in relation to the admission of a child to–
(i)a maintained school for nursery education, or (as the case may be)
(ii)a maintained nursery school,
for any school year earlier than the 2003-04 school year; and
(c)the amendment made by sub-paragraph (6) shall not have effect in relation to the admission to a maintained school of a child for whom a statement is maintained under section 324 of the 1996 Act for any school year earlier than the 2004-05 school year.
Admission appeals
3.—(1) This sub-paragraph applies in relation to a decision as mentioned in section 94(1) or (2) of the 1998 Act concerning the admission of a child to a maintained school in any school year earlier than 2004-05 where, before 20th January 2003—
(a)notice of appeal against that decision has been given by a parent; but
(b)the appeal has not been determined by an appeal panel constituted in accordance with Schedule 24 to the 1998 Act.
(2) Despite the coming into force of—
(a)section 50 of the 2002 Act,
(b)paragraphs 2 and 8 of Schedule 4 to the 2002 Act, and
(c)the repeal of Schedule 24 to the 1998 Act,
the following provisions of the 1998 Act as originally enacted, namely—
(i)section 84(6),
(ii)section 94, and
(iii)Schedule 24,
shall continue to have effect in relation to an appeal to which sub-paragraph (1) applies.
(3) This sub-paragraph applies in relation to a decision as mentioned in section 95 of the 1998 Act concerning the admission of a child to a community or voluntary controlled school in any school year earlier than 2004-05 where, before 20th January 2003—
(a)notice of appeal against that decision has been given by a governing body; but
(b)the appeal has not been determined by an appeal panel constituted in accordance with Schedule 25 to the 1998 Act.
(4) Despite the coming into force of—
(a)paragraphs 2 and 9 of Schedule 4 to the 2002 Act, and
(b)the repeal of Schedule 25 to the 1998 Act,
the following provisions of the 1998 Act as originally enacted, namely—
(i)section 84(6),
(ii)section 87,
(iii)section 95, and
(iv)Schedule 25,
shall continue to have effect in relation to an appeal to which sub-paragraph (3) applies.
Exclusions
4.—(1) This sub-paragraph applies where a pupil is excluded before 20th January 2003 by the head teacher of a maintained school or (as the case may be) the teacher in charge of a pupil referral unit.
(2) Despite the coming into force of—
(a)sections 52(1) to (6) of the 2002 Act, and
(b)the repeal of sections 64 to 68 of, and Schedule 18 to, the 1998 Act,
the following provisions, namely—
(i)sections 64 to 68 of, and Schedule 18 to, the 1998 Act, and
(ii)the Education (Pupil Referral Units) (Appeals against permanent exclusions) (England ) Regulations 2002(4),
shall continue to have effect, as appropriate, in relation to an exclusion to which sub-paragraph (1) applies.
Explanatory Note
(This note is not part of the Order)
This Order brings into force provisions of the Education Act 2002 on 20th January 2003. The provisions are sections 11 and 12 (powers of governing bodies to form companies etc), 46, 50, 51 and the remaining provisions of Schedule 4 (admission forums, admission appeals and other admission arrangements), 52 (exclusion of pupils) (but not 52(11) which extends this to nursery schools), 66 (admission of pupils to Academies), 178(3) (area inspections in England), and 199 and Schedule 19 (transport for persons over compulsory school age), together with associated consequential amendments and repeals to those provisions in Schedules 21 and 22.
All provisions are commenced for England only, in accordance with the Secretary of State’s power under subsection (4) of section 216.
The Order also makes transitional and saving provisions in respect of the admission of pupils to school years before 2004-05, and pupil exclusions taking place before the commencement date.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (partially) | 1st October 2002 | 2002/2439 |
| Sections 2 to 5 | 1st October 2002 | 2002/2439 |
| Sections 14 to 17 | 1st October 2002 | 2002/2439 |
| Section 19(6) | 1st October 2002 | 2002/2439 |
| Sections 27 and 28 | 2nd September 2002 | 2002/2002 as amended by 2002/2018 |
| Section 30 | 1st October 2002 | 2002/2439 |
| Section 37 | 1st October 2002 | 2002/2439 |
| Section 39(1)(partially) | 1st October 2002 | 2002/2439 |
| Section 39(2) | 1st October 2002 | 2002/2439 |
| Section 40 | 2nd September 2002 | 2002/2002 |
| Section 41(1) and (3) | 1st October 2002 | 2002/2439 |
| Section 42 | 1st October 2002 | 2002/2439 |
| Section 43 | 2nd September 2002 | 2002/2002 |
| Sections 47 to 49 | 1st October 2002 | 2002/2439 |
| Section 51 (partially) | 1st October 2002 | 2002/2439 |
| Sections 54 to 59 | 2nd September 2002 | 2002/2002 |
| Sections 60 and 61 | 26st July 2002 | 2002/2002 |
| Sections 62 to 64 | 1st October 2002 | 2002/2439 |
| Sections 65, 67 to 69 | 26stJuly 2002 | 2002/2002 |
| Section 76 and 77 | 1st October 2002 | 2002/2439 |
| Section 78 (partially) | 26stJuly 2002 | 2002/2002 |
| (fully) | 1st October 2002 | 2002/2439 |
| Sections 79 to 96 | 1st October 2002 | 2002/2439 |
| Section 119 | 1st October 2002 | 2002/2439 |
| Section 120(1), and (3) to (5) | 1st October 2002 | 2002/2439 |
| Section 121 | 1st October 2002 | 2002/2439 |
| Section 130 (partially) | 1st October 2002 | 2002/2439 |
| Section 131 | 1st October 2002 | 2002/2439 |
| Section 148 (partially) | 1st October 2002 | 2002/2439 |
| Sections 149 to 150 | 1st October 2002 | 2002/2439 |
| Section 151(1) | 1st October 2002 | 2002/2439 |
| Section 152 (partially) | 2nd September 2002 | 2002/2002 |
| Section 152 (partially) | 1st October 2002 | 2002/2439 |
| Section 155 (partially) | 2nd September 2002 | 2002/2002 |
| (fully) | 1st October 2002 | 2002/2439 |
| Section 156 | 1st October 2002 | 2002/2439 |
| Section 177 | 1st October 2002 | 2002/2439 |
| Section 178(1) and (2) | 1st October 2002 | 2002/2439 |
| Section 179 and 180 | 1st October 2002 | 2002/2439 |
| Section 187 | 1st October 2002 | 2002/2439 |
| Section 188 (partially) | 1st October 2002 | 2002/2439 |
| Section 189 (partially) | 1st October 2002 | 2002/2439 |
| Section 204 | 2nd September 2002 | 2002/2002 |
| Sections 205 and 206 | 1st October 2002 | 2002/2439 |
| Section 215 (partially) | 26stJuly 2002 | 2002/2002 |
| (partially) | 2nd September 2002 | 2002/2002 |
| (partially) | 1st October 2002 | 2002/2439 |
| Schedule 1, (partially) | 2nd September 2002 | 2002/2002 |
| (fully) | 1st October 2002 | 2002/2439 |
| Schedule 3, paragraphs 1 to 5 | 2nd September 2002 | 2002/2002 |
| Schedule 4, paragraphs 1, 3, 5 to 7, 10, 11, 13 and 14 | 1st October 2002 | 2002/2439 |
| Schedules 5 and 6 | 2nd September 2002 | 2002/2002 |
| Schedule 7 | 26stJuly 2002 | 2002/2002 |
| Schedule 11 | 1st October 2002 | 2002/2439 |
| Schedule 12, paragraphs 1, 2, 4(1), and (3), 6, 9, 11 and 12(1) and (2) | 1st October 2002 | 2002/2439 |
| Schedule 13, paragraphs 1 to 3, | 1st October 2002 | 2002/2439 |
| paragraphs 4 and 5, | 2nd September 2002 | 2002/2002 |
| 6, 7(1) and (3), and (8) | 1st October 2002 | 2002/2439 |
| Schedule 14, paragraphs 1 to 4 | 2nd September 2002 | 2002/2002 |
| remaining paragraphs | 1st October 2002 | 2002/2439 |
| Schedule 15 fully except for the words “(b) nursery school” in paragraphs 2(2) | 1st October 2002 | 2002/2439 |
| Schedule 16, paragraphs 7 to 9 | 1st October 2002 | 2002/2439 |
| Schedule 17, paragraphs 1 to 4 and 9 | 1st October 2002 | 2002/2439 |
| Schedule 20 | 1st October 2002 | 2002/2439 |
| Schedule 21 (partially) | 2nd September 2002 | 2002/2002 |
| (partially) | 1st October 2002 | 2002/2439 |
| Schedule 22, (partially) | 26stJuly 2002 | 2002/2002 |
| (partially) | 2nd September 2002 | 2002/2002 |
| (partially) | 1st October 2002 | 2002/2439 |
2002 (c. 32). As the commencement provisions are made under section 216(4) they apply except in relation to Wales.
S.I 2002/2550