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STATUTORY INSTRUMENTS
2006 No. 2895 (C. 100)
EDUCATION, ENGLAND
The Education Act 2002 (Commencement No.9 and Savings) Order 2006
Made
31st October 2006
The Secretary of State for Education and Skills makes the following Order in exercise of the powers conferred by sections 216(4) and (5) of the Education Act 2002[1]:
Citation 1.
This Order may be cited as The Education Act 2002 (Commencement No.9 and Savings) Order 2006.
Provisions coming into force 2.
The following provisions of the Education Act 2002 shall come into force except in relation to Wales on 6th November 2006—
section 18 to the extent that it is not already in force;
section 134 to the extent that it is not already in force;
sections 136 to 138;
section 140;
section 146 to the extent that it is not already in force;
section 148 to the extent that it is not already in force;
section 154(3);
section 158(3);
section 178 to the extent that it is not already in force;
section 215(1) in so far as it relates to the paragraphs of Schedule 21 listed below;
section 215(2) in so far as it relates to the paragraphs of Schedule 22 listed below;
Schedule 12 to the extent that it is not already in force;
in Schedule 21—
paragraphs 5, 6, 10,15, 55, 79 and 125;
in Schedule 22 the following repeals—
the Sex Discrimination Act 1975, in Schedule 2, paragraph 4;
the Education (Fees and Awards) Act 1983, section 1(6);
the Education Reform Act 1988, section 218 to the extent that it is not already repealed;
the Environmental Protection Act 1990, section 98(2)(c)(ii);
the Further and Higher Education Act 1992, the words “in section 37, subsection (1)(b) and the word "or" immediately preceding it and subsections(8)(a) and (9)“;
the Education Act 1996, section 545(2)(a), the words "or section 218(7) of the Education Reform Act 1988";
the Teaching and Higher Education Act 1998, in Schedule 3, paragraph 5;
the School Standards and Frameworks Act 1998, in section 63, in subsections (1) and (3) the word "unauthorised" and, in subsection (4), the definition of "unauthorised absence".
Savings 3.
Despite the repeal of section 218(1)(b) of the Education Reform Act 1988, the Further Education Teachers' Qualifications (England) Regulations 2001[2] shall remain in force (and may be amended or revoked by regulations made under section 136(a) of the Education Act 2002).
Bill Brammell
Minister of State Department for Education and Skills
This Order brings into force certain provisions of the Education Act 2002, except in relation to Wales, on 6th November 2006.
Article 2 contains the provisions to be commenced. The commencement of the remainder of section 18 repeals miscellaneous grant making powers for local authorities in section 486 of the Education Act 1996.
Sections 136 to 138 and 140 provide regulation making powers in relation to the provision of further education.
The commencement of the remainder of section 146 of the 2002 Act repeals further subsections of section 218 of the Education Reform Act 1988. To take account of these repeals, consequential amendments contained in Schedule 21 and consequential repeals contained in Schedule 22 are also commenced.
Sections 154(3), 158(3), and 178, together with paragraph 7 of Schedule 12 and paragraphs 79 and 125 of Schedule 21 are provisions relating to Wales. These provisions have already been commenced by the National Assembly for Wales and are being commenced by the Secretary of State to ensure that they are fully commenced.
Schedule 12 is now commenced in full. The provisions commenced here make various amendments to the Teaching and Higher Education Act 1998.
Paragraph 3(5) of Schedule 12 inserts new sub-sections 3(3A)–(3D); this introduces regulation making powers for new procedures related to provisional registration. Paragraphs 3(3), 4(4), 8, 10 and 12(3) are also now all fully commenced to include the term "provisional registration".
Paragraph 4(2) inserts a new sub-section 4(2)(ba); this gives power to make regulations providing for the service on applicants for registration of notice of the General Teaching Council's decision to grant or refuse their application, the grounds on which the decision was taken, and of their right to appeal.
Paragraph 5 inserts a new section 4A; this gives the power to make regulations to provide a right of appeal to the High Court where a person is aggrieved by a decision to refuse an application to be registered.
Article 3 makes transitional and saving provisions to ensure that the Further Education Teachers' Qualifications (England) Regulations 2001 shall remain in force until new regulations are made under section 136(a) which is also commenced by this order.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
The following provisions of this Act have been bought into force (or come into force at a later date) 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, 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 18(2), as to Wales
31st March 2003
2002/3185 (W.301)
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
31st September 2003
2003/1718
(W.185)
Section 19 (1) to (7), as to Wales
31st October 2005
2005/2910
(W.207)
Section 20 (partially), as to England
1st March 2003
2003/124
Section 20 (partially), as to England
1st April 2003
2003/124
Section 20 (fully), as to England
1st September 2003
2003/1667
Section 20(1) to (3), (5), as to Wales
31st October 2005
2006/172
(W.23)
Section 21(partially), 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 23, as to Wales
31st October 2005
2006/172
(W.23)
Section 24 (partially), as to England
1st April 2003
2003/124
Section 24 (partially), 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 as amended 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 (partially), as to England
1st March 2003
2003/124
Section 33 (fully), as to England
1st September 2003
2003/1667
Section 33, as to Wales
31st October 2005
2006/172
(W.23)
Section 34, as to England
1st April 2003
2003/124
Section 34, as to Wales
31st October 2005
2005/2910
(W.207)
Section 35, as to England
1st September 2003
2003/1667
Section 36 (partially), 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 35 to 37, as to Wales
1st April 2006
2006/879
(W.84)
Section 38(1), (2) and (4) to (7), as to England
1st October 2003
2003/1667
Section 39 (partially), as to England
1st October 2002
2002/2439
Section 39 (partially), as to England
1st April 2003
2003/124
Section 39(1) (fully), as to England
1st September 2003
2003/1667
Section 39, as to Wales
31st October 2006
2005/2910
(W.207)
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 (partially), as to England
1st April 2003
2003/124
Section 44 (fully), 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
Sections 47 to 48, as to Wales
1st February 2006
2006/172
(W.23)
Section 49, as to Wales
19th December 2002
2002/3185
(W.301)
Section 50, as to England
20th January 2003
2002/2952
Section 50, as to Wales
31 May 2005
2005/1395
(W.109)
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
Section 51 (partially), as to Wales
31st March 2004
2004/912
(W.95)
Section 51 (partially), as to Wales
31st May 2005
2005/1395
(W.109)
Section 51 (fully), as to Wales
1st February 2006
2005/2910
(W.207)
Section 52 (partially), as to England
20th January 2003
2002/2952
Section 52 (partially), as to England
1st September 2003
2003/1667
Section 52 (fully), as to England
1st June 2004
2004/1318
Section 52(1) to (6), as to Wales
9th January 2004
2003/2961
(W.278)
Section 52, (11) as to Wales
31st October 2005
2005/2910
(W.207)
Section 53, as to England
12th May 2004
2004/1318
Section 53, as to Wales
31st October 2006
2005/2910
(W.207)
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 and 71
1st June 2003
2003/1115
Section 72, as to England
1st April 2003
2003/124
Section 72, as to Wales
1st August 2004
2004/1728
(W.172)
Section 73
1st June 2003
2003/1115
Section 74 (partially), as to England
1st June 2003
2003/1115
Section 74 (fully), as to England
1st April 2003
2003/124
Section 75 (partially), as to England
1st April 2003
2003/124
Section 75 (fully), as to England
1st June 2003
2003/1115
Section 75 in so far as relates to Schedule 10, Paragraphs 1, 6, 11 and 15, as to Wales
19th December 2002
2002/3185
(W.301)
Sections 76 and 77
1st October 2002
2002/2439
Section 78 (partially)
26th July 2002
2002/2002
Section 78 (fully)
1st October 2002
2002/2439
Sections 79 to 96
1st October 2002
2002/2439
Sections 97 and 98
19th December 2002
2002/3185 (W.301)
Sections 99(1)
19th December 2002
2002/3185 (W.301)
Section 100 except subsections (1)(b), (2)(b) and (5),
19th December 2002
2002/3185 (W.301)
Section 101 except subsection (3)(b),
19th December 2002
2002/3185 (W.301)
Section 103
19th December 2002
2002/3185
(W.301)
Sections 105 to 107
19th December 2002
2002/3185
(W.301)
Section 108 except subsections (1)(a), (2) and (6)
19th December 2002
2002/3185 (W.301)
Section 109
19th December 2002
2002/3185 (W.301)
Sections 111 to 118,
19th December 2002
2002/3185 (W.301)
Section 119
1st October 2002
2002/2439
Section 120 (partially)
1st October 2002
2002/2439
Section 120 (fully)
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 England
1st August 2003
2003/1667
Sections 132 and 133, 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 134 (1), (4) and (5), as to Wales
19th December 2002
2002/3185 (W.301)
Section 135, as to England
1st October 2003
2003/1667
Section 135, as to Wales
19th December 2002
2002/3185
(W.301)
Sections 136 to 140, as to Wales
1st September 2003
2003/1718
(W.185)
Section 141, as to England
1st August 2003
2003/1667
Section 141, as to Wales
19th December 2002
2002/3185 (W.301)
Sections 142 to 144, as to England
1st June 2003
2003/1115
Sections 142 to 144, as to Wales
31st March 2003
2002/3185 (W.301)
Section 145, as to England
1st August 2003
2003/1667
Section 145, as to Wales
19th December 2002
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 146 (partially), as to Wales
31st March 2003
2002/3185 (W.301)
Section 148 (partially), as to England
1st October 2002
2002/2439
Section 148, (partially), as to England
1st August 2003
2003/1667
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 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, as to England
1st September 2003
2003/1667
Sections 158 (1) and (2), as to England
1st September 2003
2003/1667
Sections 159 to 174, as to England
1st September 2003
2003/1667
Section 157 to 174, as to Wales
1st January 2004
2003/2961
(W.278)
Section 175, as to England
1st June 2004
2004/1318
Section 175, as to Wales
26th January 2006
2006/172
(W.23)
Section 176, as to England
1st September 2003
2003/1667
Section 177, as to England
1st October 2002
2002/2439
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 (1), (4), (5) and (6), 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 England
1st September 2003
2003/1667
Section 188 (partially), as to Wales
1st December 2003
2003/2961
(W.278)
Section 188 (partially), as to Wales
19th December 2002
2002/3185 (W.301)
Section 189 (partially), as to England
1st October 2002
2002/2439
Section 189 (partially), as to Wales
19th December 2002
2002/3185 (W.301)
Section 191 to 194
19th December 2002
2002/3185 (W.301)
Section 195 (partially)
31st March 2003
2002/3185 (W.301)
Section 195 (fully)
1st September 2003
2002/3185 (W.301)
Section 196
19th December 2002
2002/3185 (W.301)
Section 197
1st September 2003
2003/1718
(W.185)
Section 198
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 England
6th April 2003
2003/124
Section 200, as to Wales
31st March 2003
2002/3185 (W.301)
Section 201 (partially), as to England
6th April 2003
2003/124
Section 201 (partially), as to Wales
31st March 2003
2002/3185 (W.301)
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
Section 215 (partially), as to England
2nd September 2002
2002/2002
Section 215 (partially), as to England
1st October 2002
2002/2439
Section 215 (partially), as to England
20th January 2003
2002/2952
Section 215 (partially), as to England
1st March 2003
2003/124
Section 215 (partially), as to England
1st April 2003
2003/124
Section 215 (partially), as to England
6th April 2003
2003/124
Section 215 (partially), as to England
1st June 2003
2003/1115
Section 215 (partially), as to England
1st August 2003
2003/1667
Section 215 (partially), as to England
1st September 2003
2003/1667
Section 215 (partially), as to England
1st October 2003
2003/1667
Section 215 (partially), as to Wales
19th December 2002
2002/3185
(W.301)
Section 215 (partially), as to Wales
31st March 2003
2002/3185 (W.301)
Section 215 (partially), as to Wales
1st September 2003
2002/3185 (W.301)
Section 215 (partially), as to Wales
1st August 2003
2003/1718
(W.185)
Section 215 (partially), as to Wales
1st September 2003
2003/1718
(W.185)
Section 215 (partially), as to Wales
4th December 2003
2003/2961
(W.278)
Section 215 (partially), as to Wales
1st January 2004
2003/2961
(W.278)
Section 215 (partially), as to Wales
9th January 2004
2003/2961
(W.278)
Section 215 (partially), as to Wales
31st March 2004
2004/912
(W.95)
Section 215 (partially), as to Wales
1st August 2004
2004/1728
(W.172)
Section 215 (partially), as to Wales
31st May 2005
2005/1395
(W.109)
Section 215 (partially), as to Wales
31st October 2005
2005/2910
(W.207)
Section 215 (partially), as to Wales
26th January 2006
2006/172
(W.23)
Section 215 (1) and (2) as to Wales
1st April 2006
2006/879
(W.84)
Schedule 1 (partially), as to England
2nd September 2002
2002/2002
Schedule 1 (fully), as to England
1st October 2002
2002/2439
Schedule 1 (partially), as to Wales
1st September 2003
2003/1718
(W.185)
Schedule 1 (fully), as to Wales
31st October 2005
2005/2910
(W.207)
Schedule 2, as to Wales
1st April 2006
2006/879
(W.84)
Schedule 3 (partially), as to England
2nd September 2002
2002/2002
Schedule 3 (fully), as to England
1st September 2003
2003/1667
Schedule 3 (partially), as to Wales
1st September 2003
2003/1718
(W.185)
Schedule 3 (fully), as to Wales
1st April 2006
2006/879
(W.84)
Schedule 4 (partially), 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)
Schedule 4 (partially), as to Wales
31st May 2005
2005/1395
(W.109)
Schedule 4 (fully), as to Wales
1st February 2006
2006/172
(W.23)
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 9, as to Wales
1st August 2004
2004/1728
(W.172)
Schedule 10 (partially), as to England
1st April 2003
2003/124
Schedule 10 (fully), as to England
1st June 2003
2003/1115
Schedule 10 paragraphs 1, 6, 11 and 15, as to Wales
19th December 2002
2002/3185 (W.301)
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 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 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 13, paragraphs 1 to 3, as to England
paragraphs 4 and 5, as to England
paragraphs 6, 7(1) and (3), and (8), as to England
1st October 2002
2nd September 2002
1st October 2002
2002/2439
2002/2002
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 (partially), as to England
2nd September 2002
2002/2002
Schedule 14 (fully), as to England
1st October 2002
2002/2439
Schedule 15 (partially), as to England
1st October 2002
2002/2439
Schedule 15 (fully), as to England
1st September 2003
2003/1667
Schedule 16 (partially), as to England
1st September 2003
2003/1667
Schedule 16 (fully), as to England
1st October 2002
2002/2439
Schedule 16 (partially), as to Wales
1st December 2003
2003/2961
(W.278)
Schedule 16 (fully), as to Wales
19th December 2002
2002/3185 (W.301)
Schedule 17, paragraphs 1 to 4 and 9
1st October 2002
2002/2439
Schedule 17, paragraphs 5(1) - (4), (6), and 6 to 8