The Education Act 2002 (Commencement No. 7) (Wales) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 31 October 2005 those provisions of the Education Act 2002 specified in the Schedule to this Order.

References below to sections and Schedules (without more) are references to sections of and Schedules to the Education Act 2002.

In the case of provisions brought into force by this Order which amend existing legislation, references to the Secretary of State in those provisions are to be read, in relation to Wales, as references to the National Assembly for Wales— see section 211.

The effect of the provisions specified in the Schedule to this Order is as follows—

Sections 19, 20, 23, 33, 34, 39 and Schedule 1 make provision in relation to the government of maintained schools, replacing various provisions of the School Standards and Framework Act 1998 (“the 1998 Act”). Section 19 and Schedule 1 require every maintained school to have a governing body. Regulations made by the National Assembly will, set out the requirements relating to the membership and procedures of governing bodies.

Section 20 requires every maintained school to have an instrument of government which determines the constitution of the governing body and other matters relating to the school. National Assembly Regulations will set out the requirements as to the making and the content of instruments of government.

Section 23 enables the National Assembly to make regulations allowing governing bodies to work together by discharging their functions jointly or through joint committees.

Under section 33 a governing body must hold an annual parents' meeting. The National Assembly may make regulations setting out the circumstances in which a governing body is exempt from holding a meeting.

Section 34 sets out the arrangements for the government of new schools. The LEA is required to constitute a temporary governing body. Details as to the arrangements will be set out in regulations made by the National Assembly.

Section 39 contains definitions. In particular the definition of 'maintained school' includes a 'maintained nursery school'. The effect of this is that maintained nursery schools are to have governing bodies.

Commencing section 52(11) means that the provisions relating to exclusion of pupils from schools contained in section 52 apply to maintained nursery schools.

Section 53 amends section 63 of the 1998 Act so as allow the Assembly to include authorised absences in the targets that governing bodies can be required to set by regulations.