Explanatory note

This Order brings into force all the provisions of the Education (No. 2) Act 1986 which are not already in force, with the exception of the repeals (by Schedule 6 to the Act) of section 31(8) of the London Government Act 1963 (c. 33) (the application of which is, by virtue of a transitional provision in the first commencement Order (S.I.1986/2203), now confined to further education) and paragraph 6 of Schedule 5 to the Local Government Act 1966 (c. 42) (both of which enactments relate to recoupment).

The provisions specified in Schedule 1 to the Order are brought into force on 15th August 1987. Those specified in Schedule 2 are brought into force on 1st September 1987, subject to certain transitional provisions set out in Schedule 3 to the Order.

The principal effect of paragraph 1 of Schedule 3 (which applies to county, voluntary and maintained special schools) is to enable such schools to continue to be governed in accordance with existing instruments (or arrangements made under section 3 of the Education Act 1980) and articles of government (sub-paragraph (4)(a)), provided that the requirements as to the making and content of instruments and articles of government brought into force by the Order are complied with by “the relevant date” as defined by sub-paragraph (3). While a school continues to be so governed, most of the provisions of the Act which are brought into force by the Order and are concerned with school government will not apply to the school (sub-paragraph (4)(b) to (d)). The requirements in sections 29 and 32 will, however, apply as though they were direct statutory requirements (sub-paragraph (4)(e)).

Paragraph 2 of Schedule 3, which makes transitional provision in connection with section 8(9) and (10) of the Act, recognises the possibility that (by virtue of the transitional provisions explained above) the governing bodies of some schools may, until 1st September 1989, continue to be constituted under arrangements made under section 3 of the Education Act 1980.

By virtue of paragraph 3 of Schedule 3 to the Order, section 12 of, and Schedule 2 to, the Act do not apply to a new school, if the date on which the proposal to establish or, as the case may be, maintain the school falls to be implemented, is earlier than 1st April 1988. Paragraph 3 also makes transitional provision in connection with section 12(3)(b) so that, where a local education authority have, before 1st September 1987, passed a resolution to establish a new special school, the temporary governing body will be required to be constituted at least one year before the date on which the first pupils are expected to be admitted or on 1st October 1987.

Although, once a school has articles of government made under the Act, the appointment of staff of a kind mentioned in sections 37 to 39 of the Act will normally be subject to the procedures set out in the articles by virtue of those sections, paragraph 4 of Schedule 3 to the Order provides for the procedures applicable immediately before those articles came into force, to continue to apply in relation to such an appointment if arrangements have been made for any of the candidates for the post to be interviewed on a date earlier than one month from the date on which those articles came into force and the candidates concerned were, before those articles came into force, informed of those arrangements.