Explanatory note

This Order is the second Commencement Order made by the Secretary of State for Education under the Children, Schools and Families Act 2010 (“the Act”) and brings into force section 3 on 1st September 2011.

Section 3 of the Act amends section 19 of the Education Act 1996. Section 19 of the Education Act 1996 imposes a duty on local authorities in England and Wales to make arrangements for securing suitable education for children who, because of exclusion from school, illness or for any other reason may not receive such education if the arrangements are not made for them. Section 3 of the Act sets out that the duty in relation to local authorities in England is to make arrangements which are for full-time education. The exception to this is a child where the local authority consider that for reasons relating to the physical or mental health of the child, full-time education is not in their best interest. In such a case the arrangements made may be for part-time education.