The Education Act 2005 (Commencement No. 2 and Transitional Provisions and Savings) Order 2006

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     Section 65 to the extent that it brings section 28A(8) of the School Standards and Framework Act 1998[2] into force;

     Section 66(6), (10) and (13); and

     In Schedule 10, paragraphs 4(4) and 8.

     4. The following provisions of the 2005 Act shall come into force in relation to England and Wales on 1^st September 2006—

     Section 64;

     Section 65 fully;

     Section 66 fully;

     Section 67;

     Section 68;

     Section 69;

     Section 72 to the extent that it relates to the paragraphs of Schedule 12 specified below;

     Section 73;

     In Schedule 10—


     paragraphs 1 to 3

     paragraphs 4(1) to (3) and (5) to (7)

     paragraphs 5 to 7; and

     paragraphs 9 to 15;



     Schedule 11;

     In Schedule 12—



     paragraphs 1 to 8;

     paragraphs 10 to 13;

     paragraph 14 except to the extent that paragraph 14(14) omits paragraph 16(6) of Schedule 7 to the School Standards and Framework Act 1998; and

     paragraphs 15 to 16; and



     In Schedule 19—



     Part 2, except to the extent that it repeals paragraph 16(6) of Schedule 7 to the School Standards and Framework Act 1998.

     5. The following provisions of the 2005 Act shall come into force in relation to England only on 1^st September 2006—

     Section 70;

     Section 71;

     Section 72 to the extent that it relates to paragraph 9 of Schedule 12; and

     In Schedule 12, paragraph 9.

Transitional Provisions and Savings
     6. Despite the coming into force of sections 64 to 66 of the Act and the repeal of section 70 of, and Schedule 8 to, the Education Act 2002[3]—

(a) the provisions of section 28 of the School Standards and Framework Act 1998 shall continue to apply in relation to proposals for the establishment of secondary schools where those proposals have been published before 1 September 2006, and

(b) the provisions of section 70 of, and Schedule 8 to, the Education Act 2002 Act shall continue to apply in relation to proposals made under section 70 of the 2002 Act where the notice published pursuant to subsection (1) of that section was published before 1 September 2006.

     7. Despite the coming into force of section 68 of the Act, that section shall not apply to Wales until the coming into force of regulations made by the National Assembly for Wales under section 24 of the Education Act 2002.


Beverley Hughes
Minister of State Department for Education and Skills

31st July 2006

[2] 1998 (c.31)back

[3] 2002 (c.32)back