Citation and Interpretation

1. This Order may be cited as the Education Act 2005 (Commencement No. 2 and Transitional Provisions and Savings) Order 2006.

2. In this Order “the 2005 Act” means the Education Act 2005.

Provisions coming into force

3. The following provisions of the 2005 Act shall come into force in relation to England and Wales on the day after this Order is made—

• Section 65 to the extent that it brings section 28A(8) of the School Standards and Framework Act 1998( 2 ) into force;

• Section 66(6), (10) and (13); and

• In Schedule 10, paragraphs 4(4) and 8.

4. The following provisions of the 2005 Act shall come into force in relation to England and Wales on 1 ^st September 2006—

• Section 64;

• Section 65 fully;

• Section 66 fully;

• Section 67;

• Section 68;

• Section 69;

• Section 72 to the extent that it relates to the paragraphs of Schedule 12 specified below;

• Section 73;

• In Schedule 10—

  • paragraphs 1 to 3

  • paragraphs 4(1) to (3) and (5) to (7)

  • paragraphs 5 to 7; and

  • paragraphs 9 to 15;

• Schedule 11;

• In Schedule 12—

  • paragraphs 1 to 8;

  • paragraphs 10 to 13;

  • paragraph 14 except to the extent that paragraph 14(14) omits paragraph 16(6) of Schedule 7 to the School Standards and Framework Act 1998; and

  • paragraphs 15 to 16; and

• In Schedule 19—

  • Part 2, except to the extent that it repeals paragraph 16(6) of Schedule 7 to the School Standards and Framework Act 1998.

5. The following provisions of the 2005 Act shall come into force in relation to England only on 1 ^st September 2006—

• Section 70;

• Section 71;

• Section 72 to the extent that it relates to paragraph 9 of Schedule 12; and

• In Schedule 12, paragraph 9.

Transitional Provisions and Savings

6. Despite the coming into force of sections 64 to 66 of the Act and the repeal of section 70 of, and Schedule 8 to, the Education Act 2002( 3 )—

(a) the provisions of section 28 of the School Standards and Framework Act 1998 shall continue to apply in relation to proposals for the establishment of secondary schools where those proposals have been published before 1 September 2006, and

(b) the provisions of section 70 of, and Schedule 8 to, the Education Act 2002 Act shall continue to apply in relation to proposals made under section 70 of the 2002 Act where the notice published pursuant to subsection (1) of that section was published before 1 September 2006.

7. Despite the coming into force of section 68 of the Act, that section shall not apply to Wales until the coming into force of regulations made by the National Assembly for Wales under section 24 of the Education Act 2002.