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The Education Act 2005 (Commencement No. 2 and Transitional Provisions and Savings) Order 2006

S.I. 2006/2129 · Made 31 July 2006

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education, england and wales

Made 31st July 2006

The Secretary of State for Education and Skills makes the following Order in exercise of the powers conferred by sections 120(2) and 125(4) of the Education Act 2005f1:

Annotations to the whole text

Footnotes

f1

2005 (c.18)

Contents

  1. 1Citation and Interpretation
  2. 2Citation and Interpretation
  3. 3Provisions coming into force
  4. 4Provisions coming into force
  5. 5Provisions coming into force
  6. 6Transitional Provisions and Savings
  7. 7Transitional Provisions and Savings
  8. Signature
  9. Explanatory note

1Citation and Interpretation

This Order may be cited as the Education Act 2005 (Commencement No. 2 and Transitional Provisions and Savings) Order 2006.

2Citation and Interpretation

In this Order “the 2005 Act” means the Education Act 2005.

3Provisions coming into force

The following provisions of the 2005 Act shall come into force in relation to England and Wales on the day after this Order is made—

  • Section 65 to the extent that it brings section 28A(8) of the School Standards and Framework Act 1998f1 into force;

  • Section 66(6), (10) and (13); and

  • In Schedule 10, paragraphs 4(4) and 8.

4Provisions coming into force

The following provisions of the 2005 Act shall come into force in relation to England and Wales on 1st September 2006—

  • Section 64;

  • Section 65 fully;

  • Section 66 fully;

  • Section 67;

  • Section 68;

  • Section 69;

  • Section 72 to the extent that it relates to the paragraphs of Schedule 12 specified below;

  • Section 73;

  • In Schedule 10—

    • paragraphs 1 to 3

    • paragraphs 4(1) to (3) and (5) to (7)

    • paragraphs 5 to 7; and

    • paragraphs 9 to 15;

  • Schedule 11;

  • In Schedule 12—

    • paragraphs 1 to 8;

    • paragraphs 10 to 13;

    • paragraph 14 except to the extent that paragraph 14(14) omits paragraph 16(6) of Schedule 7 to the School Standards and Framework Act 1998; and

    • paragraphs 15 to 16; and

  • In Schedule 19—

    • Part 2, except to the extent that it repeals paragraph 16(6) of Schedule 7 to the School Standards and Framework Act 1998.

5Provisions coming into force

The following provisions of the 2005 Act shall come into force in relation to England only on 1st September 2006—

  • Section 70;

  • Section 71;

  • Section 72 to the extent that it relates to paragraph 9 of Schedule 12; and

  • In Schedule 12, paragraph 9.

6Transitional Provisions and Savings

Despite the coming into force of sections 64 to 66 of the Act and the repeal of section 70 of, and Schedule 8 to, the Education Act 2002f1—

(a)

the provisions of section 28 of the School Standards and Framework Act 1998 shall continue to apply in relation to proposals for the establishment of secondary schools where those proposals have been published before 1 September 2006, and

(b)

the provisions of section 70 of, and Schedule 8 to, the Education Act 2002 Act shall continue to apply in relation to proposals made under section 70 of the 2002 Act where the notice published pursuant to subsection (1) of that section was published before 1 September 2006.

7Transitional Provisions and Savings

Despite the coming into force of section 68 of the Act, that section shall not apply to Wales until the coming into force of regulations made by the National Assembly for Wales under section 24 of the Education Act 2002.

Signature

Beverley Hughes

Minister of State

Department for Education and Skills

31st July 2006

Explanatory note

(This note is not part of the Order)

This Order brings into force certain provisions of Part 2 of the Education Act 2005 which deals with school organisation.

Article 3 contains provisions to be commenced in relation to both England and Wales. These provisions contain specific powers to make regulations. Regulations are to be made under these powers before the remaining provisions, contained in Articles 4 to 6 are brought into force.

Article 4 contains provisions to be commenced on 1st September 2006 in relation to both England and Wales. Article 5 contains further provisions to be commenced on 1st September 2006, but only in relation to England.

Articles 6 and 7 contain transitional provisions and savings. The provisions in Article 6 ensure that any proposals to establish new or additional secondary schools that were made before 1st September 2006 are dealt with under the pre-existing legislation. Article 7 makes provision to ensure that, although section 68 will be in force, it will not have effect in Wales until regulations are made by the National Assembly for Wales under section 24 of the Education Act 2002.