The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014

Citation and interpretation

1.—(1) This Order may be cited as the Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014.

(2) In this Order—

“the 2002 Act” means the Education Act 2002(1); and

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

Provisions coming into force on 5th January 2015

2.  Subject to articles 3 to 5, the following provisions of the 2008 Act come into force on 5th January 2015—

(a) section 94 (independent educational institution standards)(2);

(b) section 95 (the register);

(c) section 96 (unregistered independent educational institutions: offence);

(d) section 97 (unregistered independent educational institutions: inspection);

(e) section 100 (institutions no longer required to register: power to deregister);

(f) section 109 (duty to inspect registered institution on direction of Secretary of State);

(g) section 110 (inspections under Chapter 1 of Part 4 of the 2008 Act: power of entry etc);

(h) section 112(3) (failure to pay fees);

(i) section 113(1) (publication of inspection reports);

(j) section 114 (action plans);

(k) section 115 (power of Secretary of State to take enforcement action);

(l) section 116 (enforcement action available to Secretary of State);

(m) section 117(2)(a) and (b) (relevant restriction);

(n) section 118 (relevant restriction imposed by Secretary of State: supplementary);

(o) section 120 (application to justice of the peace for order);

(p) section 121 (relevant restriction imposed by justice of the peace: supplementary);

(q) section 122 (order of justice of the peace: notification);

(r) section 124, except subsection (1)(b) (appeal by proprietor against decision of Secretary of State to deregister);

(s) section 125, except subsection (1)(b) (appeal by proprietor against other decisions of Secretary of State);

(t) section 126 (appeal by proprietor against order of justice of the peace);

(u) section 127 (relevant restriction imposed by Tribunal: supplementary);

(v) section 138 (interpretation of Chapter 1 of Part 4 of the 2008 Act);

(w) section 139 (continuity of law);

(x) section 140(1) (the register and fees);

(y) section 141 (prohibition on participation in management);

(z) paragraphs 15 to 25, 28 to 38, 40 and 41 of Schedule 1 (minor and consequential amendments) and section 169(1) in so far as it relates to those amendments; and

(aa) Schedule 2 (repeals and revocations) so far as it repeals provisions in the 2002 Act, the word “and” at the end of section 59(1)(d) of, and paragraphs 2 and 4 of Schedule 8 to, the Education Act 2005(3), and section 169(2) in so far as it relates to those repeals.

Saving and transitory provisions

3.—(1) Section 95 of the 2008 Act comes into force for the purposes of requiring the Secretary of State to keep a register of independent educational institutions within the meaning of section 92(1)(a) of the 2008 Act(4).

(2) A reference to an independent educational institution in Chapter 1 of Part 4 of the 2008 Act is to be construed as a reference to an independent educational institution within the meaning of section 92(1)(a) of the 2008 Act.

(3) The instruments listed in column (1) of the Schedule are revoked to the extent specified in column (3).

4.  Despite the amendments to the 2002 Act made by Schedule 1 to the 2008 Act, Part 10 of the 2002 Act remains in force for the purposes of enabling section 162 (changes to registered details) of that Act to have effect in England, and references in that Part to—

(a) “the Chief Inspector” are to be construed as references to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills”;

(b) “independent school standards” are to be construed as references to the standards prescribed by the Secretary of State under section 94(1) of the 2008 Act;

(c) “proprietor” are to be construed as references to a proprietor within the meaning of section 138(1) of the 2008 Act;

(d) “the registration authority” are to be construed as references to the Secretary of State; and

(e) “the register” are to be construed as references to the register kept by the Secretary of State under section 95 of the 2008 Act.

5.  For the purposes of giving effect to regulations made under section 111 of the 2008 Act, an inspection carried out by the Chief Inspector under section 109 of that Act is an inspection under section 162A of the 2002 Act.

Nick Boles

Minister of State

Department for Education

22nd December 2014