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The Education Act 2002 (Commencement No.9 and Savings) Order 2006

S.I. 2006/2895 · Made 31 October 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

education, england

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 2002f1:

Annotations to the whole text

Footnotes

f1

2002 c.32

Contents

  1. 1Citation
  2. 2Provisions coming into force
  3. 3Savings
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as The Education Act 2002 (Commencement No.9 and Savings) Order 2006.

2Provisions coming into force

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    • the Education Reform Act 1988, section 218 to the extent that it is not already repealed;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”.

3Savings

Despite the repeal of section 218(1)(b) of the Education Reform Act 1988, the Further Education Teachers’ Qualifications (England) Regulations 2001f1 shall remain in force (and may be amended or revoked by regulations made under section 136(a) of the Education Act 2002).

Signature

Bill Brammell

Minister of State

Department for Education and Skills

31st October 2006

Explanatory note

(This note is not part of the Order)

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.