Explanatory note

United Kingdom

(This note is not part of the Order)

This is the seventh commencement order made under the Education and Skills Act 2008 (“the 2008 Act”).

Article 2 brings into force on 1st January 2011 the following provisions of Chapter 1 of Part 4 of the 2008 Act (regulation and inspection of independent educational provision in England) for the purposes set out in article 2—

(a)

section 98 (applications for registration of an independent educational institution in England) and section 99 (determinations of such applications);

(b)

section 123 (provision of information by proprietors of such institutions) and section 124 (appeals against decisions made by the Secretary of State to deregister such an institution for failing to provide information); and

(c)

section 138(1) (interpretation).

Article 3 contains transitory provisions which will have effect until section 95(1) of the 2008 Act (register of independent educational institutions) is brought into force for all purposes. Until that time the definition of “the register” in section 138(1) of the 2008 Act is modified to refer to the register of independent schools referred to in section 158(1)(a) of the Education Act 2002. References in sections 98, 99, 123 and 124 of the 2008 Act to the proprietor of a registered independent educational institution are modified to refer to the proprietor of a registered independent school.