Citation and interpretation

1. —(1) This Order may be cited as the Education Act 2011 (Commencement No. 4 and Transitional and Savings Provisions) Order 2012.

(2) In this Order—

“ASCLA 2009” means the Apprenticeships, Skills, Learning and Children Act 2009( 2 );

“EA 2011” means the Education Act 2011.

Provisions coming into force on 1st August 2012

2. The following provisions of EA 2011 come into force on 1st August 2012—

• section 45;

• section 73(2)(a) and (b), and section 73(2)(c) to the extent that it relates to section 88(2A) of ASCLA 2009 (as inserted by section 73(2)(b)), and section 73(1) to the extent that it relates to those subsections.

Provisions coming into force on 1st September 2012

3. The following provisions of EA 2011 come into force on 1st September 2012—

• section 1(1) and section 1(2) for the purposes only of making regulations under section 7 of the Childcare Act 2006( 3 ) (as substituted by section 1(2)), section 1(3) and section 1(1) to the extent that it relates to section 1(3), and section 1(4);

• section 4 and Schedule 1;

• section 28 to the extent that it is not already in force;

• section 29 to the extent that it is not already in force;

• section 38;

• section 39;

• section 50 but not in respect of any funding period( 4 ) before 1 April 2013;

• section 69 and Schedule 18;

• section 70.

Transitional and savings provisions

4. Despite the coming into force of section 4 of, and Schedule 1 to, EA 2011, that section and Schedule have no effect in relation to the exclusion of a pupil before 1st September 2012 and the enactments amended by that section and Schedule continue in force in relation to such an exclusion as if the amendments in that section and Schedule were not made.

5. Despite the coming into force of section 38 of EA 2011, the amendments made by subsections (2) and (3) of that section do not have effect in relation to the governing body of a maintained school in England constituted under an instrument of government( 5 ) that takes effect before 1st September 2012, until the governing body or the local authority decide that the instrument of government should be varied.

6. Despite the coming into force of section 45 of EA 2011, section 45(1) and (2)(b), (c), (e) and (h) have no effect in relation to a complaint that is made to a Local Commissioner( 6 ) before 1st August 2012, unless the Local Commissioner has declined to initiate an investigation into the complaint on the grounds in section 207(3)(a) of ASCLA 2009.