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STATUTORY INSTRUMENTS


2003 No. 2961 (W.278) (C.108)

EDUCATION, WALES

The Education Act 2002 (Commencement No. 3) (Wales) Order 2003

  Made 18th November 2003 

The National Assembly for Wales, in exercise of the power conferred upon it by section 216, (4)(b) and (5) of the Education Act 2002[1], hereby makes the following Order:

Name, application and interpretation
     1. This Order is called Education Act 2002 (Commencement No. 3) (Wales) Order 2003.

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

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

Appointed
days
     4. The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order is 1st December 2003.

     5. The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order is 4th December 2003.

     6. The day appointed for the coming into force of the provisions specified in Part III of the Schedule to this Order is 1st January 2004.

     7. The day appointed for the coming into force of the provisions specified in Part IV of the Schedule to this Order is 9th January 2004.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[2]


D. Elis-Thomas
The Presiding Officer of the National Assembly

18th November 2003



SCHEDULE
Articles 4, 5, 6 and 7



PART I

Provisions coming into force on 1st December 2003

Provision Subject matter
Section 46 Admission Forums
Section 188 in so far as in so far as it relates to the provisions of Schedule 16 below School inspections
Schedule 16, paragraphs 1 to 3 Amendments of School Inspections Act 1996



PART II

Provisions coming into force on 4th December 2003

Provision Subject matter
Section 41 Determination of specified budgets of LE
Section 42 Power of Secretary of State to set minimum schools budget
Section 215(1) in so far as it relates to the provisions of Schedule 21 below Minor and consequential amendments
Section 215(2) in so far as it relates to theprovisions of Schedule 22 below Repeals
Schedule 21, Minor and consequential amendments
Paragraph 100 (1) and (2),     
Paragraph 113 in so far as not already in force except sub-paragraphs (a), (b) and (f),     
Paragraph 125,     
In Schedule 22, Part 3, the repeal of  -  Repeals
School Standards and Framework Act 1998[3],     
Section 46,     
In section 143, the entry in relation to local schools budget.     



PART III

Provisions coming into force on 1st January 2004

Provision Subject matter
Sections 157 to 171 Regulation of independent schools
Sections 172 to 174 Independent schools: children with special educational needs
Section 215(1) in so far as it relates to the provisions of Schedule 21 below Minor and consequential amendments
Section 215(2) in so far as it relates to the provisions of Schedule 22 below Repeals
Schedule 21, amendments Minor and consequential
Paragraph 122(b),     
In Schedule 22, Part 3, the repeal of  -  Repeals
Judicial Pensions and Retirement Act 1993[4], in Schedule 5, the reference to "Chairman of an Independent Schools Tribunal", in Schedule 7, paragraph 5(5) (xxvii),     
Education Act 1996, sections 464 to 478, section 537(9) and (10), in section 568, in subsection (2) the words "section 468, 471(1) and 474", in subsection (3) the words from "section 354(6)" to "401" and subsection (4), in section 580, the entries relating to register, registration; registered school; Registrar of Independent Schools, Schedule 34,     
School Inspections Act 1996[5], in section 10, subsection (3)(e) and, in subsection (4B), paragraph (f) and the preceding "or", in section 11(5), in paragraph (a), "e", in section 20(3), paragraph (b) and the preceding "or", in section 21, in subsection (4), paragraph (b) and the preceding "or", in Schedule 3, in the definition of "appropriate authority" in paragraph 1, in paragraph (c), "e",     
Teaching and Higher Education Act 1998[6], in section 3, subsection (3)(c),     
Care Standards Act 2000[7], section 100, in Schedule 4, paragraph 24.     



PART IV

Provisions coming into force on 9th January 2004

Provision Subject matter
Section 51 in so far as it relates to the provisions of Schedule 4 below Children permanently excluded from two or more schools
Section 52(1) to (6) Exclusions
Section 207 Recoupment: adjustment between local education authorities
Section 208 Recoupment: special cases
Section 215(1) in so far as it relates to the provisions of Schedule 21 below Minor and consequential amendments
Section 215(2) in so far as it relates to the provisions of Schedule 22 below Repeals
Schedule 4, paragraphs 1 and 4 schools Children permanently excluded from two or more
Schedule 21, amendments Minor and consequential
Paragraph 1 only in so far as it relates to allowances for exclusion appeal panels,     
Paragraph 2 except sub-paragraph (a),     
Paragraph 22 only in so far as it substitutes a new paragraph 15(b) of Schedule 1 to the Tribunals and Inquiries Act 1992,     
Paragraph 27(1) and (2),     
Paragraph 112 except in so far as it inserts the definition of "foundation governor",     
Paragraph 113 in so far as not already in force except subparagraphs (b) and (f),     
In Schedule 22, Part 3, the repeal of  -  Repeals
Local Government Act 1974[8], section 25(5)(b),     
Education Act 1996[9], section 492, In Schedule 1, paragraph 7,     
Education Act 1997[10], In Schedule 7, paragraph 36,     
School Standards and Framework Act 1998, sections 64 to 68, Schedule 18.     



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into
force on 1st December 2003, 4th December 2003, 1st January 2004 and 9th January 2004 those provisions of the Education Act 2002 specified in Parts I, II, III and IV of the Schedule to this Order.

References below to sections and Schedules (without more) are references to sections of and Schedules to the Education Act 2002.

In the case of provisions brought into force by this Order which amend existing legislation, references to the Secretary of State in those provisions are to be read, in relation to Wales, as references to the National Assembly for Wales  -  see section 211.

The effect of the provisions specified in Part I of the Schedule is as follows  - 

The effect of the provisions specified in Part II of the Schedule is as follows  - 

The effect of the provisions specified in Part III of the Schedule is as follows  - 

The effect of the provisions specified in Part IV of the Schedule is as follows  - 



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the Education Act 2002 have been brought into force in relation to Wales by commencement order made before the date of this Order:

Provision Date of Commencement S.I. No.
Sections 14 to 17 31st March 2003 2002/3185 (W.301)
Section 18(2) 31st March 2003 2002/3185 (W.301)
Section 19(6) (partially) 1st September 2003 2003/1718 (W.185)
Sections 27 and 28 1st September 2003 2003/1718 (W.185)
Section 29 1st September 2003 2003/1718 (W.185)
Section 40 (partially) 1st September 2003 2003/1718 (W.185)
Section 43 1st November 2003 2003/1718 (W.185)
Section 49 19th December 2002 2002/3185 (W.301)
Sections 54 to 56 19th December 2002 2002/3185 (W.301)
Sections 60 to 64 1st August 2003 2003/1718 (W.185)
Section 75 (partially) 19th December 2002 2002/3185 (W.301)
Sections 97 and 98 19th December 2002 2002/3185 (W.301)
Section 99(1) 19th December 2002 2002/3185 (W.301)
Section 100 (partially) 19th December 2002 2002/3185 (W.301)
Section 101 (partially) 19th December 2002 2002/3185 (W.301)
Section 103 19th December 2002 2002/3185 (W.301)
Sections 105 to 107 19th December 2002 2002/3185 (W.301)
Section 108 (partially) 19th December 2002 2002/3185 (W.301)
Section 109 19th December 2002 2002/3185 (W.301)
Sections 111 to 118 19th December 2002 2002/3185 (W.301)
Section 119 1st October 2002 2002/2439
Section 120(1) and (3) to (5) 1st October 2002 2002/2439
Section 120(2) 1st August 2003 2003/1667
Section 121 1st October 2002 2002/2439
Section 122 to 129 1st August 2003 2003/1667
Section 130 (partially) 1st October 2002 2002/2439
(fully) 1st August 2003 2003/1667
Section 131 19th December 2002 2002/3185 (W.301)
Sections 132 and 133 19th December 2002 2002/3185 (W.301)
Section 134 (partially) 19th December 2002 2002/3185 (W.301)
Section 135 19th December 2002 2002/3185 (W.301)
Sections 136 to 140 1st September 2003 2003/1718 (W.185)
Section 141 19th December 2002 2002/3185 (W.301)
Sections 142 to 144 31st March 2003 2002/3185 (W.301)
Section 145 19th December 2002 2002/3185 (W.301)
Section 146 (partially) 31st March 2003 2002/3185 (W.301)
Section 148 (partially) 19th December 2002 2002/3185 (W.301)
Section 149 31st March 2003 2002/3185 (W.301)
Section 150 31st March 2003 2002/3185 (W.301)
Section 151(2) 19th December 2002 2002/3185 (W.301)
Section 152 (partially) 19th December 2002 2002/3185 (W.301)
Section 178 (1) and (4) 1st August 2003 2003/1718 (W.185)
Section 179 (partially) 19th December 2002 2002/3185 (W.301)
Section 180 19th December 2002 2002/3185 (W.301)
Sections 181 to 185 1st September 2003 2003/1718 (W.185)
Section 188 (partially) 19th December 2002 2002/3185 (W.301)
Section 189 (partially) 19th December 2002 2002/3185 (W.301)
Sections 191 to 194 19th December 2002 2002/3185 (W.301)
Section 195 (partially) 31st March 2003 2002/3185 (W.301)
(fully) 1st September 2003 2002/3185 (W.301)
Section 196 19th December 2002 2002/3185 (W.301)
Section 197 1st September 2003 2003/1718 (W.185)
Section 199 1st September 2003 2003/1718 (W.185)
Section 200 31st March 2003 2002/3185 (W.301)
Section 201 (partially) 31st March 2003 2002/3185 (W.301)
Sections 202 and 203 1st September 2003 2003/1718 (W.185)
Section 206 1st September 2003 2003/1718 (W.185)
Section 215 (partially) 19th December 2002 2002/3185 (W.301)
(partially) 31st March 2003 2002/3185 (W.301)
(partially) 1st August 2003 2003/1718 (W.185) and 2003/1667
(partially) 1st September 2003 2002/3185 (W.301) and 2003/1718 (W.185)
Schedule 1, paragraph 3 (partially) 1st September 2003 2003/1718 (W.185)
Schedule 3, paragraphs 1 to 5 1st September 2003 2003/1718 (W.185)
Schedule 5 19th December 2002 2002/3185 (W.301)
Schedule 10, paragraphs 1, 6, 11 and 15 19th December 2002 2002/3185 (W.301)
Schedule 11 1st October 2002 2002/2439
Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7, 19th December 2002 2002/3185 (W.301)
Paragraph 12(1) and (2) 31st March 2003 2002/3185 (W.301)
Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3) and 8 19th December 2002 2002/3185 (W.301)
Schedule 16, paragraphs 4 to 9 19th December 2002 2002/3185 (W.301)
Schedule 17, paragraphs 5(1) to (4), (6) and 6 to 8 19th December 2002 2002/3185 (W.301)
Schedule 18, paragraphs 1, 4, 5 and 7, 31st March 2003 2002/3185 (W.301)
Paragraph 8 (partially), 31st March 2003 2002/3185 (W.301)
Paragraphs 13 to 15, 31st March 2003 2002/3185 (W.301)
Paragraphs 2, 3, 6, 8 (fully), 9 to 12 and 16 to 18 1st September 2003 2002/3185 (W.301)
Schedule 19 1st September 2003 2003/1718 (W.185)
Schedule 20 1st September 2003 2003/1718 (W.185)
Schedule 21 (partially) 1st October 2002 2002/2439
(partially) 19th December 2002 2002/3185 (W.301)
(partially) 31st March 2003 2002/3185 (W.301)
(partially) 1st August 2003 2003/1667
(partially) 1st September 2003 2003/1718 (W.185)
Schedule 22 (partially) 1st October 2002 2002/2439
(partially) 9th December 2002 2002/3185 (W.301)
(partially) 31st March 2003 2002/3185 (W.301)
(partially) 1st August 2003 2003/1718 (W.185)
(partially) 1st September 2003 2002/3185 (W.301), 2003/1718 (W.185) and 2003/1667

Various provisions of the Education Act 2002 have been brought into force in relation to England by the following Statutory Instruments: S.I. 2002/2002 (as amended by S.I. 2002/2018), S.I. 2002/2439, S.I. 2002/2952, S.I. 2003/124, S.I. 2003/1115, S.I. 2003/1667 and S.I. 2003/2071.


Notes:

[1] 2002 c.32. href="#n1">back

[2] 1998 c.38. href="#n2">back

[3] 1998 c.31. href="#n3">back

[4] 1993 c.8. href="#n4">back

[5] 1996 c.57. href="#n5">back

[6] 1998 c.30. href="#n6">back

[7] 2000 c.14. href="#n7">back

[8] 1974 c.7. href="#n8">back

[9] 1996 c.56. href="#n9">back

[10] 1997 c.44. href="#n10">back



Cymraeg (Welsh)



ISBN 0 11090810 4


 
© Crown copyright 2003
Prepared 25 November 2003


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