Statutory Instruments
2012 No. 1087 (C. 33)
Education, England And Wales
The Education Act 2011 (Commencement No. 4 and Transitional and Savings Provisions) Order 2012
Made
12th April 2012
The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 82(3) and (7) of the Education Act 2011(1).
Citation and interpretationI1
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 2012I2
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 2012I3
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 provisionsI4,I5
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.
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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(5) 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.
Nick Gibb
Minister of State
Department for Education
12th April 2012
For the meaning of “funding period” see section 45 of the School Standards and Framework Act 1998 (c.31) which was amended by paragraph 2 of Schedule 16 to the Education Act 2005 (c. 18).
For the meaning of “Local Commissioner” see section 23 of the Local Government Act 1974 (c. 7).