Citation and Interpretation

1. —(1) This Order may be cited as the Education Act 2002 (Commencement No. 3 and Savings and Transitional Provisions) Order 2002.

(2) In this Order “the 2002 Act” means the Education Act 2002.

Provisions coming into force

2. The following provisions of the 2002 Act shall come into force on 20th January 2003:

• sections 11 and 12;

• section 46;

• section 50;

• section 51 so far as it is not already in force;

• section 52(1) to (6);

• section 66;

• section 178(3);

• section 199;

• section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;

• Schedule 4 so far as it is not already in force;

• Schedule 19;in Schedule 21, paragraphs 1, 2, 4, 22, and 27(1) and (2);

• in Schedule 22–

  • the repeal of section 25(5)(b) of the Local Government Act 1974,

  • the repeal of paragraph 90 in Schedule 8 to the Further and Higher Education Act 1992,

  • the repeal of section 509(6) of the Education Act 1996,

  • the repeal of paragraphs 27 and 28 in Schedule 7 to the Education Act 1997 in so far as those paragraphs are not already repealed,

  • the repeal of sections 64 to 68 of, and Schedules 18, 24 and 25, and paragraphs 3(3), 47(a), 133(b) in Schedule 30 to, the School Standards and Framework Act 1998,

  • the repeal of sub-paragraphs (6)(b), (7)(b) and (c) and (8) of paragraph 59 in Schedule 9 to the Learning and Skills Act 2000.

3. The Schedule to this Order shall have effect for the purposes of making transitional provision and savings in relation to the provisions to which it refers.

SCHEDULE TRANSITIONAL AND SAVING PROVISIONS

Interpretation

1. In this Schedule—

“the 1996 Act” means the Education Act 1996( 2 );

“the 1998 Act” means the School Standards and Framework Act 1998( 3 );

“maintained school” has the meaning given to it by section 84(6) of the 1998 Act;

“maintained nursery school” has the meaning given to it by section 97 of the 2002 Act;

“pupil referral unit” has the meaning given to it by section 19(2) of the 1996 Act;

“school year”, in the context of references to the admission of a child to a maintained school or a maintained nursery school in any particular year, means the school year in which he would first take up a place in consequence of a decision to admit him.

Nursery education, special schools and children with statements

2. Despite the coming into force of paragraph 12 of Schedule 4 to the 2002 Act, in relation to the amendment of section 98 of the 1998 Act,

(a) the amendment made by sub-paragraph (2) shall not have effect in relation to the admission of a child to a maintained school for nursery education for any school year earlier than the 2004-05 school year;

(b) the amendments made by sub-paragraphs (3), (4) and (5) shall not have effect in relation to the admission of a child to–

(i) a maintained school for nursery education, or (as the case may be)

(ii) a maintained nursery school,

for any school year earlier than the 2003-04 school year; and

(c) the amendment made by sub-paragraph (6) shall not have effect in relation to the admission to a maintained school of a child for whom a statement is maintained under section 324 of the 1996 Act for any school year earlier than the 2004-05 school year.

Admission appeals

3. —(1) This sub-paragraph applies in relation to a decision as mentioned in section 94(1) or (2) of the 1998 Act concerning the admission of a child to a maintained school in any school year earlier than 2004-05 where, before 20th January 2003—

(a) notice of appeal against that decision has been given by a parent; but

(b) the appeal has not been determined by an appeal panel constituted in accordance with Schedule 24 to the 1998 Act.

(2) Despite the coming into force of—

(a) section 50 of the 2002 Act,

(b) paragraphs 2 and 8 of Schedule 4 to the 2002 Act, and

(c) the repeal of Schedule 24 to the 1998 Act,

the following provisions of the 1998 Act as originally enacted, namely—

(i) section 84(6),

(ii) section 94, and

(iii) Schedule 24,

shall continue to have effect in relation to an appeal to which sub-paragraph (1) applies.

(3) This sub-paragraph applies in relation to a decision as mentioned in section 95 of the 1998 Act concerning the admission of a child to a community or voluntary controlled school in any school year earlier than 2004-05 where, before 20th January 2003—

(a) notice of appeal against that decision has been given by a governing body; but

(b) the appeal has not been determined by an appeal panel constituted in accordance with Schedule 25 to the 1998 Act.

(4) Despite the coming into force of—

(a) paragraphs 2 and 9 of Schedule 4 to the 2002 Act, and

(b) the repeal of Schedule 25 to the 1998 Act,

the following provisions of the 1998 Act as originally enacted, namely—

(i) section 84(6),

(ii) section 87,

(iii) section 95, and

(iv) Schedule 25,

shall continue to have effect in relation to an appeal to which sub-paragraph (3) applies.

Exclusions

4. —(1) This sub-paragraph applies where a pupil is excluded before 20th January 2003 by the head teacher of a maintained school or (as the case may be) the teacher in charge of a pupil referral unit.

(2) Despite the coming into force of—

(a) sections 52(1) to (6) of the 2002 Act, and

(b) the repeal of sections 64 to 68 of, and Schedule 18 to, the 1998 Act,

the following provisions, namely—

(i) sections 64 to 68 of, and Schedule 18 to, the 1998 Act, and

(ii) the Education (Pupil Referral Units) (Appeals against permanent exclusions) (England ) Regulations 2002( 4 ),

shall continue to have effect, as appropriate, in relation to an exclusion to which sub-paragraph (1) applies.