Despite the coming into force of section 38, the duty to prepare and publish a report under section 38(3) does not apply in relation to any academic year earlier than the academic year 2008 to 2009.

Despite the repeal of section 218(1)(b) of the Education Reform Act 1988, the Further Education Teachers' Qualifications (Wales) Regulations 20023 remain in force (and may be amended or revoked by regulations made under section 136(a)).

Despite the repeal of section 218(1)(e) of the Education Reform Act 1988, regulations 4, 5 and 7 of, and Schedule 1 to, the Education (Schools and Further and Higher Education) Regulations 19894 remain in force (and may be amended or revoked by regulations made under section 203(3)).