Statutory Instrument 2004 No. 1318 (C. 53)

      Education Act 2002 (Commencement No. 8) Order 2004

      © Crown Copyright 2004

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      STATUTORY INSTRUMENTS

      2004 No. 1318 (C. 53)

      EDUCATION, ENGLAND

      Education Act 2002 (Commencement No. 8) Order 2004

        Made 12th May 2004 

      The Secretary of State for Education and Skills, in exercise of the power conferred upon him by section 216(4) of the Education Act 2002[1], hereby makes the following Order:

      Citation
           1. This Order may be cited as the Education Act 2002 (Commencement No. 8) Order 2004.

      Provisions coming into force
                 2. Sections 53 and 175 of the Education Act 2002 shall come into force except in relation to Wales on 1st June 2004.


      David Miliband
      Minister of State, Department for Education and Skills

      12th May 2004


      EXPLANATORY NOTE

      (This note is not part of the Order.)


      This Order brings two provisions of the Education Act 2002 into force in England from 1st June 2004. Section 53 amends section 63 of the School Standards and Framework Act 1998[      2] to enable regulations made under that section to make provision in respect of authorised as well as unauthorised absences. Section 175 relates to the duties of local education authorities and governing bodies in relation to the welfare of children.


      NOTE AS TO EARLIER COMMENCEMENT ORDERS

      (This note is not part of the Order.)


      The following provisions of the Act have been brought into force by commencement orders made before the date of this Order:



      Provision Date of Commencement S.I. No.
      Section 1 (partially), as to England 1st October 2002 2002/2439
      Section 1 (fully), as to England 1st September 2003 2003/1667
      Sections 2 to 5, as to England 1st October 2002 2002/2439
      Sections 11 and 12, as to England 20th January 2003 2002/2952
      Sections 14 to 17, as to England 1st October 2002 2002/2439
      Sections 14 to 17 and 18(2), as to Wales 31st March 2003 2002/3185

      (W. 301)
      Section 18, except for the repeal of section 486 of the Education Act 1996 made by paragraph (g) of subsection (1), as to England 1st April 2003 2003/124
      Section 19(2) to (5) and (7), as to England 1st March 2003 2003/124
      Section 19(6), as to England 1st October 2002 2002/2439
      In section 19(8), the words "regulations under this section may include provision with respect to the governing body of federations", as to England 1st April 2003 2003/124
      Section 19, (fully), as to England 1st September 2003 2003/1667
      Section 19(6) (partially), as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 20(2) and (3), as to England 1st March 2003 2003/124
      In section 20(4), the words "regulations under subsection (2) may include provision with respect to instruments of government for federations", as to England 1st April 2003 2003/124
      Section 20 (fully), as to England 1st September 2003 2003/1667
      Section 21(3), as to England 1st March 2003 2003/124
      Section 21 (fully), as to England 1st September 2003 2003/1667
      Section 22, as to England 1st September 2003 2003/1667
      Section 23, as to England 1st March 2003 2003/124
      Section 24(1), for the purpose of making regulations only, as to England 1st April 2003 2003/124
      Section 24(2) to (6), as to England 1st April 2003 2003/124
      Section 24 (fully), as to England 1st September 2003 2003/1667
      Section 25, as to England 1st April 2003 2003/124
      Section 26, as to England 1st March 2003 2003/124
      Sections 27 and 28, as to England 2nd September 2002 2002/2002 asamended by

      2002/2018
      Sections 27 and 28, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 29, as to England 1st September 2003 2003/1667
      Section 29, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 30, as to England 1st October 2002 2002/2439
      Section 32, as to England 1st September 2003 2003/1667
      Section 33(3), as to England 1st March 2003 2003/124
      Section 33 (fully), as to England 1st September 2003 2003/1667
      Section 34, as to England 1st April 2003 2003/124
      Section 35(4) and (5), as to England 1st April 2003 2003/124
      Section 35 (fully), as to England 1st September 2003 2003/1667
      Section 36(4) and (5), as to England 1st April 2003 2003/124
      Section 36 (fully), as to England 1st September 2003 2003/1667
      Section 37, as to England 1st October 2002 2002/2439
      Section 38(1), (2) and (4) to (7), as to England 1st October 2003 2003/1667
      Section 39(1)(partially), as to England 1st October 2002 2002/2439
      Section 39(1) (fully), as to England 1st September 2003 2003/1667
      In section 39(1), the definition of "federation" and "federated school", as to England 1st April 2003 2003/124
      Section 39(2), as to England 1st October 2002 2002/2439
      Section 40 (partially), as to England 2nd September 2002 2002/2002
      Section 40 (fully), as to England 1st September 2003 2003/1667
      Section 40 (partially), as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 41(1) and (3), as to England 1st October 2002 2002/2439
      Section 41, as to Wales 4th December 2003 2003/2961

      (W. 278)
      Section 42, as to England 1st October 2002 2002/2439
      Section 42, as to Wales 4th December 2003 2003/2961

      (W. 278)
      Section 43, as to England 2nd September 2002 2002/2002
      Section 43, as to Wales 1st November 2003 2003/1718

      (W. 185)
      Section 44(1) to (6), as to England 1st April 2003 2003/124
      Section 44(7), as to England 1st September 2003 2003/1667
      Section 45, as to England 1st April 2003 2003/124
      Section 46, as to England 20th January 2003 2002/2952
      Section 46, as to Wales 1st December 2003 2003/2961

      (W. 278)
      Sections 47 to 49, as to England 1st October 2002 2002/2439
      Section 49, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 50, as to England 20th January 2003 2002/2952
      Section 51 (partially), as to England 1st October 2002 2002/2439
      Section 51 (fully), as to England 20th January 2003 2002/2952
      Section 51 (partially), as to Wales 9th January 2004 2003/2961

      (W. 278)
      Section 51 (partially), as to Wales 31st March 2004 2004/912

      (W. 95)
      Section 52(1) to (6), as to England 20th January 2003 2002/2952
      Section 52(1) to (6), as to Wales 9th January 2004 2003/2961

      (W. 278)
      Section 52(11), as to England 1st September 2003 2003/1667
      Sections 54 to 59, as to England 2nd September 2002 2002/2002
      Sections 54 to 56, as to Wales 19th December 2002 2002/3185

      (W.301)
      Sections 60 and 61, as to England 26th July 2002 2002/2002
      Sections 62 to 64, as to England 1st October 2002 2002/2439
      Sections 60 to 64, as to Wales 1st August 2003 2003/1718

      (W. 185)
      Section 65 26th July 2002 2002/2002
      Section 66 20th January 2003 2002/2952
      Sections 67 to 69 26th July 2002 2002/2002
      Section 70, as to England 1st June 2003 2003/1115
      Section 71, as to England 1st June 2003 2003/1115
      Section 72, as to England 1st April 2003 2003/124
      Section 73, as to England 1st June 2003 2003/1115
      Section 74(1), as to England 1st June 2003 2003/1115
      Section 74(2) and (3), as to England 1st April 2003 2003/124
      Section 75 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 75 (partially), as to England 1st April 2003 2003/124
      Section 75 (fully), as to England 1st June 2003 2003/1115
      Sections 76 and 77, as to England 1st October 2002 2002/2439
      Section 78 (partially), as to England 26th July 2002 2002/2002
      Section 78 (fully), as to England 1st October 2002 2002/2439
      Sections 79 to 96, as to England 1st October 2002 2002/2439
      Sections 97, 98, 99(1), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 100 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 101 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Sections 103, 105 to 107, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 108 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Sections 109, 111 to 118, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 119 1st October 2002 2002/2439
      Section 120(1), and (3) to (5) 1st October 2002 2002/2439
      Section 120(2) 1st August 2003 2003/1667
      Section 121 1st October 2002 2002/2439
      Sections 122 to 129 1st August 2003 2003/1667
      Section 130 (partially) 1st October 2002 2002/2439
      Section 130 (fully) 1st August 2003 2003/1667
      Section 131, as to England 1st October 2002 2002/2439
      Section 131, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Sections 132 and 133, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Sections 132 and 133, as to England 1st August 2003 2003/1667
      Section 134 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 134 (1), (4) and (5), as to England 1st August 2003 2003/1667
      Section 135, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 135, as to England 1st October 2003 2003/1667
      Sections 136 to 140, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 141, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 141, as to England 1st August 2003 2003/1667
      Sections 142 to 144, as to Wales 31st March 2003 2002/3185

      (W. 301)
      Sections 142 to 144, as to England 1st June 2003 2003/1115
      Section 145, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 145, as to England 1st August 2003 2003/1667
      Section 146 (partially), as to Wales 31st March 2003 2002/3185

      (W. 301)
      Section 146 (partially), as to England 1st June 2003 2003/1115
      Section 146 (partially), as to England 1st August 2003 2003/1667
      Section 146 (partially), as to England 1st September 2003 2003/1667
      Section 146 (partially), as to England 1st October 2003 2003/1667
      Section 148 (partially), as to England 1st October 2002 2002/2439
      Section 148 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 148 (partially), as to Wales 31st March 2003 2002/3185

      (W. 301)
      Section 148 (partially), as to England 1st August 2003 2003/1667
      Section 149, as to England 1st October 2002 2002/2439
      Section 149, as to Wales 31st March 2003 2002/3185

      (W. 301)
      Section 150, as to England 1st October 2002 2002/2439
      Section 150, as to Wales 31st March 2003 2002/3185

      (W. 301)
      Section 151(1), as to England 1st October 2002 2002/2439
      Section 151(2), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 152 (partially), as to England 2nd September 2002 2002/2002
      Section 152 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 153, as to England 1st April 2003 2003/124
      Section 154(1) and (2), as to England 1st June 2003 2003/1115
      Section 154, as to Wales 31st March 2004 2004/912

      (W. 95)
      Section 155 (partially), as to England 2nd September 2002 2002/2002
      Section 155 (fully), as to England 1st October 2002 2002/2439
      Section 156, as to England 1st October 2002 2002/2439
      Section 156, as to Wales 31st March 2004 2004/912

      (W. 95)
      Sections 157 to 174, except 158(3), as to England 1st September 2003 2003/1667
      Sections 157 to 171, as to Wales 1st January 2004 2003/2961

      (W. 278)
      Sections 172 to 174, as to Wales 1st January 2004 2003/2961

      (W. 278)
      Section 176, as to England 1st September 2003 2003/1667
      Section 177, as to England 1st October 2002 2002/2439
      Section 177, as to Wales 1st August 2004 2004/912

      (W. 95)
      Section 178(1) and (2), as to England 1st October 2002 2002/2439
      Section 178(3), as to England 20th January 2003 2002/2952
      Section 178(1) and (4), as to Wales 1st August 2003 2003/1718

      (W. 185)
      Section 179, as to England 1st October 2002 2002/2439
      Section 179 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 180, as to England 1st October 2002 2002/2439
      Section 180, as to Wales 19th December 2002 2002/3185 (W. 301)
      Section 181 to 185, as to England 1st September 2003 2003/1667
      Section 181 to 185, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 187 (partially), as to England 1st October 2002 2002/2439
      Section 187 (fully), as to England 1st September 2003 2003/1667
      Section 188 (partially), as to England 1st October 2002 2002/2439
      Section 188 (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 188 (partially), as to England 1st September 2003 2003/1667
      Section 188 (partially), as to Wales 1st December 2003 2003/2961

      (W. 278)
      Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply except in relation to Wales 1st October 2002 2002/2439
      Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply in relation to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 191 to 194, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 195 (partially), as to Wales 31st March 2003 2002/3185

      (W. 301)
      Section 195 (partially), as to Wales 1st September 2003 2002/3185

      (W. 301)
      Section 196, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Section 197, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 198, as to Wales 31st March 2004 2004/912

      (W. 95)
      Section 199, as to England 20th January 2003 2002/2952
      Section 199, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 200, as to Wales 31st March 2003 2002/3185

      (W. 301)
      Section 200, as to England 6th April 2003 2003/124
      Section 201 (partially), as to Wales 31st March 2003 2002/3185

      (W. 301)
      Section 201 (partially), as to England 6th April 2003 2003/124
      Sections 202 and 203, as to England 1st August 2003 2003/1667
      Sections 202 and 203, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Section 204, as to England 2nd September 2002 2002/2002
      Sections 205 and 206, as to England 1st October 2002 2002/2439
      Section 206, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Sections 207 and 208, as to England 1st April 2003 2003/124
      Sections 207 and 208, as to Wales 9th January 2004 2003/2961

      (W. 278)
      Section 209 1st April 2003 2003/124
      Section 215 (partially), as to England 26th July 2002 2002/2002
      (partially), as to England 2nd September 2002 2002/2002
      (partially), as to England 1st October 2002 2002/2439
      (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      (partially), as to England 20th January 2003 2002/2952
      (partially), as to Wales 31st March 2003 2002/3185

      (W. 301)
      (partially), as to Wales 1st September 2003 2002/3185

      (W. 301)
      (partially), as to England 1st March 2003 2003/124
      (partially), as to England 1st April 2003 2003/124
      (partially), as to England 6th April 2003 2003/124
      (partially), as to England 1st June 2003 2003/1115
      (partially), as to England 1st August 2003 2003/1667
      (partially), as to Wales 1st August 2003 2003/1718

      (W. 185)
      (partially), as to England 1st September 2003 2003/1667
      (partially), as to Wales 1st September 2003 2003/1718

      (W. 185)
      (partially), as to England 1st October 2003 2003/1667
      (partially), as to Wales 4th December 2003 2003/2961

      (W. 278)
      (partially), as to Wales 1st January 2004 2003/2961

      (W. 278)
      (partially), as to Wales 9th January 2004 2003/2961

      (W. 278)
      (partially), as to Wales 31st March 2004 2004/912

      (W. 95)
      (partially), as to Wales 1st August 2004 2004/912

      (W. 95)
      Schedule 1 (partially), as to England 2nd September 2002 2002/2002
      (fully), as to England 1st October 2002 2002/2439
      Schedule 1 (partially), as to Wales 1st September 2003 2003/1718

      (W. 185)
      Schedule 3, paragraphs 1 to 5, as to England 2nd September 2002 2002/2002
      Schedule 3 (fully), as to England 1st September 2003 2003/1667
      Schedule 3, paragraphs 1 to 5, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Schedule 4, paragraphs 1, 3, 5 to 7, 10, 11, 13 and 14, as to England 1st October 2002 2002/2439
      Schedule 4 (fully), as to England 20th January 2003 2002/2952
      Schedule 4 (partially), as to Wales 9th January 2004 2003/2961

      (W. 278)
      Schedule 4 (partially), as to Wales 31st March 2004 2004/912

      (W. 95)
      Schedules 5 and 6, as to England 2nd September 2002 2002/2002
      Schedule 5, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Schedule 7 26th July 2002 2002/2002
      Schedule 8 1st June 2003 2003/1115
      Schedule 9, as to England 1st April 2003 2003/124
      Schedule 10, paragraphs 1, 6, 11 and 15, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Schedule 10, paragraphs 1, 6 and 11 to 15, as to England 1st April 2003 2003/124
      Schedule 10, (fully), as to England 1st June 2003 2003/1115
      Schedule 11 1st October 2002 2002/2439
      Schedule 12, paragraphs 1, 2, 4(1), and (3), 6, 9, 11 and 12(1) and (2), as to England 1st October 2002 2002/2439
      Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Schedule 12, paragraphs 12(1) and (2), as to Wales 31st March 2003 2002/3185 (W. 301)
      Schedule 12, paragraphs 3(1), (2), (3) save for the words "or provisional", (4) and (6), 4(4) save for the words "or provisional registration",

      8 save for the words "or provisional registration", 10 save for the words "or provisional", 12(3) save for the words "or provisional ", as to England

      		 1st August 2003 2003/1667
      Schedule 13, paragraphs 4 and 5, as to England 2nd September 2002 2002/2002
      Schedule 13, paragraphs 1, 2, 3, 6, 7(1) and (3), and (8), as to England 1st October 2002 2002/2439
      Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3), and 8, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Schedule 14, paragraphs 1 to 4, as to England 2nd September 2002 2002/2002
      Remaining paragraphs, as to England 1st October 2002 2002/2439
      Schedule 15 fully except for the words

      "(b) nursery school" in paragraphs 2(2)

      		 1st October 2002 2002/2439
      Schedule 15 (fully), as to England 1st September 2003 2003/1667
      Schedule 16, paragraphs 7 to 9, as to England 1st October 2002 2002/2439
      Schedule 16, paragraphs 4 to 9, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Schedule 16, paragraphs 1, and 3 to 6, as to England 1st September 2003 2003/1667
      Schedule 16, paragraphs 1 to 3, as to Wales 1st December 2003 2003/2961

      (W. 278)
      Schedule 17, paragraphs 1 to 4 and 9 1st October 2002 2002/2439
      Schedule 17, paragraphs 5(1) - (4), (6), and 6 to 8, as to Wales 19th December 2002 2002/3185

      (W. 301)
      Schedule 18 paragraphs 1, 4, 5, 7, 8 (partially),13, 14 and 15, as to Wales 31st March 2003 2002/3185

      (W. 301)
      Schedule 18, paragraphs 2,3, 6, 8 (fully), 9 to 12, and 16 to 18, as to Wales 1st September 2003 2002/3185

      (W. 301)
      Schedule 19, as to England 20th January 2003 2002/2952
      Schedule 19, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Schedule 20, as to England 1st October 2002 2002/2439
      Schedule 20, as to Wales 1st September 2003 2003/1718

      (W. 185)
      Schedule 21 (partially), as to England 2nd September 2002 2002/2002
      (partially), as to England 1st October 2002 2002/2439
      (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      (partially), as to England 20th January 2003 2002/2952
      (partially), as to Wales 31st March 2003 2002/3185

      (W. 301)
      (partially) as to England 1st March 2003 2003/124
      (partially) as to England 1st April 2003 2003/124
      (partially), as to England 1st June 2003 2003/1115
      (partially), as to England 1st August 2003 2003/1667
      (partially), as to England 1st September 2003 2003/1667
      (partially), as to England 1st September 2003 2003/2071
      (partially), as to England 1st October 2003 2003/1667
      (partially), as to Wales 4th December 2003 2003/2961

      (W. 278)
      (partially), as to Wales 1st January 2004 2003/2961

      (W. 278)
      (partially), as to Wales 9th January 2004 2003/2961

      (W. 278)
      (partially), as to Wales 31st March 2004 2004/912

      (W. 95)
      Schedule 22, (partially), as to England 26th July 2002 2002/2002
      (partially), as to England 2nd September 2002 2002/2002
      (partially), as to England 1st October 2002 2002/2439
      (partially), as to Wales 19th December 2002 2002/3185

      (W. 301)
      (partially), as to England 20th January 2003 2002/2952
      (partially), as to Wales 31st March 2003 2002/3185

      (W. 301)
      (partially), as to Wales 1st September 2003 2002/3185

      (W. 301)
      (partially) as to England 1st April 2003 2003/124
      (partially), as to England 6th April 2003 2003/124
      (partially) as to England 1st June 2003 2003/1115
      (partially), as to England 1st August 2003 2003/1667
      (partially), as to Wales 1st August 2003 2003/1718

      (W. 185)
      (partially), as to England 1st September 2003 2003/1667
      (partially), as to Wales 1st September 2003 2003/1718

      (W. 185)
      (partially), as to England 1st October 2003 2003/1667
      (partially), as to Wales 4th December 2003 2003/2961

      (W. 278)
      (partially), as to Wales 1st January 2004 2003/2961

      (W. 278)
      (partially), as to Wales 9th January 2004 2003/2961

      (W. 278)
      (partially), as to Wales 31st March 2004 2004/912

      (W. 95)
      (partially), as to Wales 1st August 2004 2004/912

      (W. 95)

      Notes:

      [1] 2002 c. 32.back

      [2] 1998 c. 31.back


      ISBN 0 11 049300 1


 

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