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The Education Act 2002 (Commencement No. 10 and Transitional Provisions) (Wales) Order 2006

W.S.I. 2006/1336 · Made 16 May 2006

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EDUCATION, WALES

Made 16 May 2006

The National Assembly for Wales, in exercise of the power conferred upon it by section 216 (4)(b) and (5) of the Education Act 2002f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c. 32.

Contents

  1. 1Title, application and interpretation
  2. 2Title, application and interpretation
  3. 3Title, application and interpretation
  4. 4Appointed day
  5. Signature
  6. Schedule THE
  7. 1Provisions coming into force on 31 May 2006
  8. 2Transitional provision
  9. Explanatory note

1Title, application and interpretation

The title of this Order is the Education Act 2002 (Commencement No. 10 and Transitional Provisions) (Wales) Order 2006.

2Title, application and interpretation

Provisions brought into force by this Order are brought into force in relation to Wales.

3Title, application and interpretation

In this Order, unless otherwise stated, references to sections and Schedules are references to sections of, and Schedules to, the Education Act 2002.

4Appointed day

(1)

The day appointed for the coming into force of the provisions specified in Part 1 of the Schedule to this Order is 31 May 2006.

(2)

Part 2 of that Schedule (Transitional provision) applies.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1.

D. Elis-Thomas

The Presiding Officer of the National Assembly

16 May 2006

1Provisions coming into force on 31 May 2006

ProvisionSubject matter
Section 148, so far as relating to the provisions of Schedule 12 belowThe General Teaching Councils for England and Wales
In Schedule 12, Part 1, paragraph 3(1), paragraph 3(5) insofar as it inserts subsections (3B) and (3D) of section 3 of the Teaching and Higher Education Act 1998, and paragraph 4(2) and 5.Amendments of Teaching and Higher Education Act 1998

2Transitional provision

Until paragraph 3(5) of Schedule 12 is brought fully into force in relation to Wales, the new section 3(3B) of the Teaching and Higher Education Act 1998 (the insertion of which by paragraph 3(5) of Schedule 12 is brought into force by this Order) is to have effect as though the words “provisional registration or full” were omitted, and is if for the words “relevant time” there were substituted the words “time of registration”.

Explanatory note

(This note is not part of the Order)

This Order brings into force (on 31 May 2006), in relation to Wales, the provisions of Schedule 12 to the Education Act 2002 specified in the Schedule to the Order. Schedule 12 amends sections 3 and 4 of the Teaching and Higher Education Act 1998. Those sections apply to the General Teaching Council for England and, by virtue of section 9 of that Act, to the General Teaching Council for Wales. The main effect of the amendments brought into force by this Order is that the General Teaching Council for Wales, when considering an application for registration, will be able to reject the application if it is not satisfied as to the applicants suitability to be a teacher. The provisions brought into force also–

  • confer on the National Assembly for Wales the power to make regulations providing that any prescribed description of person is, or is not, to be taken to be suitable to be a teacher;

  • enable such regulations to provide for applicants for registration with the General Teaching Council for Wales whose applications are rejected on the new suitability ground to have a right of appeal against the Council's decision;

  • enable such regulations to provide for applicants for registration with the General Teaching Council for Wales to be notified of the Council's decision and of their right to appeal.