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STATUTORY INSTRUMENTS


2005 No. 2034(C.87)

EDUCATION, ENGLAND AND WALES

The Education Act 2005 (Commencement No.1 and Savings and Transitional Provisions) Order 2005

  Made 21st July 2005 

In exercise of the powers conferred by sections 120(2) and 125(4) of the Education Act 2005[1], the Secretary of State for Education and Skills hereby makes the following Order:

Citation and interpretation
     1. —(1) This Order may be cited as the Education Act 2005 (Commencement No.1 and Savings and Transitional Provisions) Order 2005.

    (2) In this Order "the 2005 Act" means the Education Act 2005.

Provisions coming into force
    
2. The following provisions of Schedule 7 to the 2005 Act shall come into force on 1st August 2005—

     3. The following provisions of the 2005 Act shall come into force on 1st September 2005—

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

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

     6. The following provisions of the 2005 Act shall come into force in relation to England only on 3rd October 2005—

     7. The following provisions of the 2005 Act shall come into force in relation to England and Wales on 3rd October 2005—

     8. The following provisions of the 2005 Act shall come into force in relation to England only on 1st November 2005—

     9. The following provisions of the 2005 Act shall come into force in relation to England and Wales on 1st November 2005—

     10. The Schedule to this Order applies only in relation to England and shall have effect for the purposes of making transitional provision and savings in relation to the provisions to which it refers.



SCHEDULE
Article 10


TRANSITIONAL AND SAVING PROVISIONS




PART 1

Appeals and Reports of School Inspections

     1. Despite the coming into force of the repeal of the School Inspections Act 1996 as provided for in article 4 of this Order—



PART 2

Governors' Reports and the School Profile for Maintained Nursery Schools

     2. Despite the coming into force, as provided for in article 5 of this Order, of—

     3. For the purposes of paragraph 4, "maintained nursery school" has the meaning given to it in section 39(1) of the 2002 Act.



PART 3

Funding of Maintained Schools

     4. Despite the coming into force of paragraph 6(3)(d) of Schedule 16, as provided for in article 8 of this Order, the previous paragraph (g) of section 47(2) of the School Standards and Framework Act 1998 shall remain in force for the purpose of enabling regulation 28 of the Financing of Maintained Schools (England) Regulations 2004[
5] to remain in force until those regulations are revoked.


Jacqui Smith
Minister of State Department for Education and Skills

21st July 2005



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force certain provisions of the Education Act 2005 on 1st August 2005, 1st September 2005, 3rd October 2005 and 1st November 2005. The provisions are listed in articles 2 to 9. Article 10 and the Schedule make transitional provision and savings.

Article 2 relates to provisions which contain regulation making powers for childminding and day care. Articles 3, 4 and 5 relate to provisions concerning school inspections, removal of requirements for governors' reports and parents' meetings, school profiles, provision and funding of higher education in maintained schools, admission arrangements to make special provisions for looked after children and attendance at alternative educational provision. Article 3 relates to provisions which apply to England only. Article 4 relates to provisions which are to come into force in relation to England only. Article 5 relates to provisions which are to come into force in relation to England and Wales.

Articles 6 and 7 relate to provisions concerning the inspection of childminding, day care and nursery education. Article 6 relates to provisions which are to come into force in relation to England only. Article 7 relates to provisions which are to come into force in relation to England and Wales.

Articles 8 and 9 relate to provisions concerning the funding of maintained schools.

Article 10 and the Schedule to the Order relate to transitional provisions and savings in relation to reports of school inspections under the School Inspections Act 1996 where the school has been identified as causing concern and governors' reports and the school profile for maintained nursery schools. Paragraph 6 of the Schedule saves the regulation making power in section 47(2)(g) of the School Standards and Framework Act 1998 for the purpose of allowing regulation 28 of the Financing of Maintained Schools (England) Regulations 2004 to remain in force until those regulations are revoked.


Notes:

[1] 2005 c18.back

[2] 1998 c.31back

[3] 2002 c.32back

[4] 2000 c.21back

[5] S.I. 2004/3130.back



ISBN 0 11 073156 5


 © Crown copyright 2005

Prepared 1 August 2005


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URL: http://www.bailii.org/uk/legis/num_reg/2005/20052034.html