Statutory Instrument 1993 No. 1975 (C.36)

The Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993

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1993 No. 1975 (C.36)

EDUCATION, ENGLAND AND WALES

EDUCATION, SCOTLAND

The Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993

In exercise of the powers conferred on the Secretary of State by sections 301(6) and 308(3) of the Education Act 1993^[1] the Secretary of State for Education hereby makes the following order:

Citation
    1.    This Order may be cited as the Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993.

Interpretation
    2.    In this Order-
"the Act" means the Education Act 1993;


"the 1981 Act" means the Education Act 1981^[2];


"the 1988 Act" means the Education Reform Act 1988^[3]; and
"the 1992 Act" means the Education (Schools) Act 1992^[4].

Commencement of section 307(1) of the Act
    3.    Section 307(1) of the Act (consequential and minor amendments), so far as it relates to the provisions of Schedule 19 to the Act brought into force by this Order, shall come into force on the dates on which, and for the purposes for which, Schedule 19 is brought into force by this Order.

Commencement of and transitional provisions relating to paragraph 173 of Schedule 19
    4.—(1)  Paragraph 173 of Schedule 19 to the Act (amendments to the 1992 Act) shall come into force as follows.

    (2)  For the purposes of prescribing any matter which falls to be prescribed under paragraphs 9B(2), 9C(5)(b), 10(2)(a), (3), (4) and (5)(b), 14(4)(b) and 15(3)(b) of Schedule 2 to the 1992 Act, sub-paragraphs (2), (3), (5), (6), (8)(a) and (9)(a) shall come into force on 1st August 1993.

    (3)  Sub-paragraphs (1)(c), (4) and (7), and sub-paragraphs (2), (3), (5) and (6), so far as not already in force, shall come into force on 1st September 1993.

    (4)  Sub-paragraph (1)(b), and sub-paragraphs (8) and (9), so far as not already in force, shall come into force on 1st October 1993.

    5.—(1)  Until the entry into force of sections 182 and 188 of the Act, paragraphs 9C(4) and 10(4) of Schedule 2 to the 1992 Act (as substituted by sub-paragraphs (5) and (6) of paragraph 173 of Schedule 19 to the Act) shall have effect as if the reference in each of those paragraphs to a maintained special school were a reference to a special school maintained by a local education authority.

    (2)  Until the entry into force of section 189 of the Act, those paragraphs (as so substituted) shall have effect as if the reference in each of them to section 189(1) of the Act were a reference to section 11(3)(a) of the 1981 Act.

Commencement of section 5 of the Act
    6.    Section 5 of the Act (meaning of "funding authority" in Education Acts) shall come into force on 1st September 1993.

Commencement of and transitional provisions relating to Chapter I of Part V
    7.    Chapter I of Part V of the Act (schools failing to give an acceptable standard of education: identification of schools requiring special measures) shall come into force on 1st September 1993.

    8.—(1)  Until the entry into force of sections 182 and 188 of the Act, Chapter I of Part V of the Act shall have effect as if any reference in that Chapter to a maintained special school were a reference to a special school maintained by a local education authority.

    (2)  Until the entry into force of paragraph 8 of Schedule 6 to the Act, section 210(7) of the Act shall have effect as if the reference in that section to that paragraph were a reference to paragraph (j) of section 58(5) of the 1988 Act.

Commencement of and transitional provisions relating to certain other provisions of the Act
    9.    The provisions of the Act specified in the first column of Schedule 1 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st October 1993; and, save as otherwise provided in the first column of Schedule 1, they shall come into force on that date for all purposes.

    10.    Schedule 2 to this Order shall have effect for the purposes of making transitional provisions in connection with the provisions brought into force by Article 9 of, and Schedule 1 to, this Order.

[1] 1993 c. 35. back

[2] 1981 c. 60. back

[3] 1988 c. 40. back

[4] 1992 c. 38. back

Explanatory Note