The Education Act 2002 (Commencement No. 6 and Transitional Provisions) (Wales) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 31 May 2005 section 50 of the Education Act 2002 (“the 2002 Act”). Section 50 amends section 94 of the School Standards and Framework Act 1998 (“the 1998 Act”), so that the arrangements for appeals to appeal panels against decisions relating to the admission of a child to a school are to be set out in regulations made by the National Assembly. The Order also brings into force on 31 May 2005 section 51 of the 2002 Act and provisions in Schedule 4 to that Act which make further amendments of the 1998 Act in relation to school admissions.

The Order also makes transitional provisions. The amendments of section 86 of the 1998 Act relating to parental preferences and admission to sixth forms will apply in relation to the determination year 2005-06, during which year admission arrangements will be determined for the school year 2007-08.

The amendments of sections 96 and 97 of the 1998 Act relating to an LEA’s power to direct a school to admit children will not apply in relation to a decision to direct made before 31 May 2005.

In relation to admission appeals made before 31 May 2005, provisions of the 1998 Act relating to such appeals and of the Local Government Act 1974 relating to the ombudsman’s jurisdiction are to have effect as though they had not been amended by the 2002 Act.