Citation and Interpretation

1. —(1) This Order may be cited as the Education Act 2002 (Commencement No. 5 and Transitional and Saving Provisions) Order 2003.

(2) In this Order—

“the 1998 Act” means the School Standards and Framework Act 1998 ( 2 ),

“the 2002 Act” means the Education Act 2002.

Provisions coming into force on 1 ^st June 2003

2. The following provisions of the 2002 Act shall come into force on 1 ^st June 2003:

• section 70;

• section 71;

• section 73;

• Schedule 8.

3. The following provisions of the 2002 Act shall come into force except in relation to Wales on 1 ^st June 2003:

• section 74(1);

• section 75 to the extent that it is not already in force;

• sections 142 to 144;

• section 146 to the extent that it repeals section 218(6), (6ZA), (6A), (6B) and section 218A of the Education Reform Act 1988;

• section 154(1) and (2);

• Schedule 10 to the extent that it is not already in force;

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

• in Schedule 21–

  • paragraph 9,

  • paragraph 54,

  • paragraphs 71 to 73,

  • paragraph 75,

  • paragraph 76 except for sub-paragraph (a),

  • paragraph 77,

  • paragraph 83,

  • paragraph 86,

  • paragraph 97,

  • paragraph 98(2)(b),

  • paragraph 115 to the extent that it is not already in force,

  • paragraph 116,

  • paragraphs 120 to 123,

  • paragraph 128;

• in Schedule 22, the repeal of –

  • in the Education Reform Act 1998, section 218(6), (6ZA), (6A), (6B) and section 218A,

  • in the Education Act 1997, section 49,

  • in the Police Act, in section 113, in subsection (3A), paragraph (a)(ii) and (iii), and in subsection (3B), paragraph (c) and the words from “and the reference “ to the end, and section 115(6A),(a)(ii) and (iii),

  • in the Teaching and Higher Education Act 1998, in Schedule 2, paragraph 1(5),

  • in the School Standards and Framework Act, in Schedule 6 –

    • in paragraph 3(2), the word “or” at the end at the end of paragraph (b),

    • in paragraph 4(5) the word “or” at the end of paragraph (a), and

    • in paragraph 5(9) the words “or (8)”,

  • in the Protection of Children Act –

    • section 5,

    • in section (7), subsection (1)(a)(ii) and (iii), the word “and” immediately preceding subsection (2)(c), and subsection (4),

    • in section 9(2), the word “or” at the end of paragraph (d), and

    • in section 1292) the definition of “the 1998 Act”,

  • in the Criminal Justice and Court Services Act 2000, section 35(5), and in Schedule 7, paragraph 83.

Transitional and saving provisions

4. —(1) Despite the coming into force of section 154(1) and (2) of the 2002 Act, where a local education authority in England has before 1 ^st June 2003 taken a decision to establish a new maintained nursery school, section 28(1)(aa) of the 1998 Act shall not apply to the proposal.

(2) An authority’s decision to establish a maintained nursery school shall only be treated as such if it conforms with its arrangements for the discharge of its functions in accordance with its executive arrangements as defined by section 10(1) of the Local Government Act 2000( 3 ).

5. Despite the coming into force of paragraphs 2, 3(2), 4(2), 8 and 10(b) of Schedule 10 to the 2002 Act, the amendments to paragraphs 2, 3(1)(a)(i) and 4(1)(b) of Schedule 6 to, and paragraphs 7 and 9(1)(c) of Schedule 7 to, the 1998 Act shall not have effect in relation to any proposals published before 1 ^st June 2003.

6. Despite the coming into force of paragraph 97 of Schedule 21 to the 2002 Act, where a local education authority has before 1 ^st June 2003 commenced consultation, in accordance with section 28(5) of the 1998 Act, on the establishment of a community or foundation school which is an additional school within the meaning of section 70 of the 2002 Act, section 28(1)(a) of the 1998 Act shall apply to the proposal.