Amendment of Commencement No 2 Order
3. For paragraph 4 of Part 2 of the Schedule to the Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) Order 2002(1) substitute—
“4.—(1) Despite the coming into force of section 47(1) of, and paragraph 3 of Schedule 4 to, the 2002 Act—
(a)the amendments to section 86 of the 1998 Act shall not have effect in relation to the admission of a child to a maintained school in any school year earlier than the 2004-05 school year; and
(b)in relation to the admission of a child—
(i)to a maintained primary school in the 2004-05 school year,
(ii)to a maintained primary school in the 2005-06 school year where a scheme has not been adopted or made by virtue of section 89B and 89C of the 1998 Act(2) for that year, or
(iii)to a maintained secondary school in the 2004-05 school year where a scheme has not been adopted or made by virtue of section 89B and 89C of the 1998 Act for that year,
paragraph 3 of Schedule 4 to the 2002 Act shall apply with the modifications made by sub-paragraph (2).
(2) The modifications referred to in sub-paragraph (1) are that—
(a)paragraph 3(2) of Schedule 4, insofar as it provides that section 86(2) is not to be subject to section 86(6), and
(b)paragraph 3(6) of that Schedule (which provides that section 86(6) shall cease to have effect),
are to be disregarded.”
S.I. 2002/2439.
1998 c. 31. Sections 89B and 89C were inserted into the 1998 Act by section 48 of the Education Act 2002.