Statutory Instruments
2009 No. 387 (C. 21)
Education, England And Wales
Education, Northern Ireland
The Education and Skills Act 2008 (Commencement No. 2 and Savings) Order 2009
Made
26th February 2009
The Secretary of State for Children, Schools and Families makes the following Order in exercise of the powers conferred by section 173 of the Education and Skills Act 2008( 1 ):
Citation and interpretation
1. —(1) This Order may be cited as the Education and Skills Act 2008 (Commencement No. 2 and Savings) Order 2009.
(2) In this Order—
“the Act” means the Education and Skills Act 2008 ;
“academic year” means the period commencing with 1st August and ending with the next 31st July.
Provisions coming into force on 28th February 2009
2. The following provisions of the Act come into force on 28th February 2009—
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section 82 (apprenticeships: functions of Learning and Skills Council for England);
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section 85 (co-operation as regards provision of 14-19 education and training);
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section 159 (approved external qualifications: England);
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section 161(1), (2), (3)(a) and (5) to (9) (functions of Qualifications and Curriculum Authority in England and Northern Ireland).
Provisions coming into force on 7th March 2009 subject to savings
3. —(1) The following provisions of the Act come into force, subject to paragraphs (2) and (3), on 7th March 2009—
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section 83 (provision of transport etc for persons of sixth form age: duty to consider journey times);
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section 84 (exercise of travel functions by local education authorities in England: duty to have regard to religion or belief of persons of sixth form age).
(2) Despite the coming into force of section 83, section 509AB of the Education Act 1996( 2 ) continues to apply without the amendments made by section 83 in relation to any transport policy statement for the academic year 2008-2009.
(3) Despite the coming into force of section 84, section 509AD of the Education Act 1996( 3 ) continues to apply without the amendment made by section 84 in relation to the exercise of travel functions (within the meaning of section 509AD(2)) by local education authorities in relation to the academic year 2008-2009.
Sarah McCarthy-Fry
Parliamentary Under Secretary of State
Department for Children, Schools and Families
26th February 2009
1996 c.56 ; section 509AB was inserted by paragraph 4 of Schedule 19 to the Education Act 2002 (c.32) . It was amended by paragraph 35 of Schedule 1 to the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005, S.I. 2005/3238 ; section 83(2) of, and paragraph 5 of Schedule 10 to, the Education and Inspections Act 2006 (c.40) ; paragraph 4(3) of Schedule 1, and Schedule 2, to the Learner Travel (Wales) Measure 2008 (nawm 2) and paragraph 60 of Schedule 4 to the Local Transport Act 2008 (c.60) .
Section 509AD was inserted by section 84 of the Education and Inspections Act 2006.