2010 No. 2906 (C. 129)

Education, England And Wales

The Education and Skills Act 2008 (Commencement No. 7 and Transitory Provisions) Order 2010

Made

The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 173(4) and (8) of the Education and Skills Act 20081:

Citation and interpretation1

1

This Order may be cited as the Education and Skills Act 2008 (Commencement No. 7 and Transitory Provisions) Order 2010.

2

In this Order—

  • “the 2002 Act” means the Education Act 20022; and

  • “the 2008 Act” means the Education and Skills Act 2008.

Provisions coming into force on 1st January 20112

The following provisions of the 2008 Act come into force on 1st January 2011—

a

section 98 (applications for registration) so far as not already in force;

b

section 99 (determination of applications for registration) so far as not already in force;

c

section 123 (provision of information by proprietors) so far as not already in force;

d

section 124 (appeal by proprietor against decision of Secretary of State to deregister), for the purposes of appeals to the Tribunal against a decision of the Secretary of State to remove an institution from the register by virtue of section 123;

e

section 138(1) (interpretation of Chapter 1 of Part 4) so far as not already in force and so far as necessary for the interpretation of provisions brought into force by this article or made under such provisions.

Transitory provisions in connection with the commencement of sections 98, 99, 123 and 124 of the 2008 Act3

1

Until the coming into force of section 95(1) of the 2008 Act (register of independent educational institutions for England) for all purposes, the provisions of the 2008 Act referred to in paragraphs (2) and (3) have effect subject to the modifications set out in those paragraphs.

2

Sections 98(1), 99(3) and (5)(b), 123(1) and (5) and 124(1) of the 2008 Act have effect as if references in each of them to a proprietor of a registered independent educational institution were references to a proprietor of an independent school entered in the register referred to in section 158(1)(a) of the 2002 Act.

3

Section 138(1) of the 2008 Act has effect as if the reference in the definition of “the register” to the register of independent educational institutions in England kept by the Secretary of State under section 95 of the 2008 Act were a reference to the register of independent schools in England referred to in section 158(1)(a) of the 2002 Act.

Nick GibbMinister of StateDepartment for Education
EXPLANATORY NOTE

(This note is not part of the Order)

This is the seventh commencement order made under the Education and Skills Act 2008 (“the 2008 Act”).

Article 2 brings into force on 1st January 2011 the following provisions of Chapter 1 of Part 4 of the 2008 Act (regulation and inspection of independent educational provision in England) for the purposes set out in article 2—

a

section 98 (applications for registration of an independent educational institution in England) and section 99 (determinations of such applications);

b

section 123 (provision of information by proprietors of such institutions) and section 124 (appeals against decisions made by the Secretary of State to deregister such an institution for failing to provide information); and

c

section 138(1) (interpretation).

Article 3 contains transitory provisions which will have effect until section 95(1) of the 2008 Act (register of independent educational institutions) is brought into force for all purposes. Until that time the definition of “the register” in section 138(1) of the 2008 Act is modified to refer to the register of independent schools referred to in section 158(1)(a) of the Education Act 2002. References in sections 98, 99, 123 and 124 of the 2008 Act to the proprietor of a registered independent educational institution are modified to refer to the proprietor of a registered independent school.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Sections 68 to 78

26th January 2009

2008/3077

Section 79 (partially)

26th January 2009

2008/3077

Section 79 (partially)

12th January 2010

2009/3316

Section 81

1st September 2009

2009/1513

Section 82

28th February 2009

2009/387

Sections 83 and 84

7th March 2009

2009/387

Section 85

28th February 2009

2009/387

Section 86 (partially)

19th June 2009

2009/1513

Section 86 (remainder)

1st August 2009

2009/1606

Sections 87 to 91

26th January 2009

2008/3077

Section 92 (partially)

19th June 2009

2009/1513

Section 92 (partially)

1st September 2009

2009/1606

Section 93

1st September 2009

2009/1606

Sections 94 to 110 (partially)

19th June 2009

2009/1513

Section 111 (partially)

19th June 2009

2009/1513

Section 111 (remainder)

1st September 2009

2009/1606

Section 112 (partially)

1st September 2009

2009/1606

Sections 113 to 116

19th June 2009

2009/1513

Section 117 (partially)

12th October 2009

2009/1606

Section 118 (partially)

19th June 2009

2009/1513

Section 119 (partially)

19th June 2009

2009/1513

Section 119 (remainder)

12th October 2009

2009/1606

Sections 120 to 123 (partially)

19th June 2009

2009/1513

Section 124 (partially)

12th October 2009

2009/1606

Sections 125 and 126

19th June 2009

2009/1513

Section 127

12th October 2009

2009/1606

Sections 128 to 133 (partially)

19th June 2009

2009/1513

Sections 134 to 136 (partially)

19th June 2009

2009/1513

Sections 134 to 136

12th October 2009

2009/1606

Section 137

1st September 2009

2009/1606

Section 138 (partially)

1st September 2009

2009/1606

Section 138 (partially)

12th October 2009

2009/1606

Section 139 (partially)

19th June 2009

2009/1513

Section 140 (partially)

19th June 2009

2009/1513

Section 140 (partially)

1st September 2009

2009/1606

Section 141 (partially)

19th June 2009

2009/1513

Section 142

30th March 2010

2010/1093

Section 143

30th March 2010

2010/1093

Section 144

30th March 2010

2010/1093

Section 145

30th March 2010

2010/1093

Section 146

1st September 2009

2009/1513

Section 147

1st September 2009

2009/1513

Section 148

1st September 2009

2009/1513

Section 150

26th January 2009

2008/3077

Section 151 (partially)

2nd December 2008

2008/3077

Section 151 (remainder)

26th January 2009

2008/3077

Sections 152 and 153

26th January 2009

2008/3077

Section 154 (partially)

30th March 2010

2010/1093

Section 154 (remainder)

1st September 2010

2010/1093

Section 159

28th February 2009

2009/387

Section 161(1), (2), (3)(a) and (5) to (9)

28th February 2009

2009/387

Section 162(1), (2), (3)(a) and (b) and (4) to (10)

31st March 2009

2009/784

Section 162(3)(c)

31st October 2009

2009/784

Section 165

26th January 2009

2008/3077

Section 169(1) (partially)

2nd December 2008 and 26th January 2009

2008/3077

Section 169(1) (partially)

1st September 2009

2009/1606

Section 169(1) (partially)

30th March 2010

2010/1093

Section 169(2) (partially)

2nd December 2008 and 26th January 2009

2008/3077

Section 169(2) (partially)

1st September 2009

2009/1513

Section 169(2) (partially)

1st September 2009

2009/1606

Section 169(2) (partially)

30th March 2010

2010/1093

Schedule 1, paragraphs 13 and 18 (partially)

1st September 2009

2009/1606

Schedule 1, paragraphs 53 (partially), 54(5) to (7), 57, 58, 61 to 64 and 68 to 73

2nd December 2008

2008/3077

Schedule 1, paragraphs 44 to 47, 53 (remainder), 54 (remainder), 55, 56, 59, 60, 65 to 67, 78, 81 to 85 and 89

26th January 2009

2008/3077

Schedule 1, paragraph 74

30th March 2010

2010/1093

Schedule 2 (partially)

26th January 2009

2008/3077

Schedule 2 (partially)

1st September 2009

2009/1513

Schedule 2 (partially)

1st September 2009

2009/1606

Schedule 2 (partially)

30th March 2010

2010/1093