The Education and Skills Act 2008 (Commencement No. 3) Order 2009

This is the third commencement order made under the Education and Skills Act 2008 (“the Act”) by the Secretary of State.

Article 2(1) commences, on 19th June 2009, section 86 of the Act (learning aims for persons aged 19 and over) for the purposes of exercising the powers to make subordinate legislation in provisions inserted into the Learning and Skills Act 2000 by that section. On the same date article 2(2) commences Chapter 1 of Part 4 of the Act (regulation and inspection of independent educational institutions in England) for the purposes of making regulations.

Article 3 commences, on 1st September 2009, section 81 of the Act (careers education: information and advice). Section 81 amends Part 7 of the Education Act 1997 (“the 1997 Act”), which requires maintained secondary schools to provide all pupils with a programme of careers education and appropriate information, and up-to-date reference materials related to career options. Section 81 amends sections 43 and 45 of the 1997 Act to require such secondary schools to present careers material in an impartial manner and to present a full range of learning and career options. It also inserts section 45A, which contains a duty on schools to which the duties apply to have regard to guidance given by the Secretary of State from time to time.

Article 3 also commences sections of the Act which make amendments to provisions in the Education Act 1996 (“the 1996 Act”) about independent schools providing special education. Section 146 of the Act amends the 1996 Act to abolish the requirement for independent schools in England to be approved by the Secretary of State for the placement of a child with a statement of special educational needs. It also removes the requirement for local education authorities in England to obtain the Secretary of State’s consent to place a pupil with such a statement in an independent school which has not been approved by the Secretary of State. Section 147 makes consequential amendments (note also the repeal made by section 169(2) and Schedule 2), and section 148 contains transitional provisions.