Citation and interpretation

1. —(1) This Order may be cited as the Education Act 2011 (Commencement No. 3 and Transitional and Savings Provisions) Order 2012.

(2) In this Order—

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

“EA 2011” means the Education Act 2011;

“Ofqual” means the Office of Qualifications and Examinations Regulation( 3 ).

Provisions coming into force on 1st April 2012

2. The following provisions of EA 2011 come into force on 1st April 2012:

• sections 2 and 3;

• sections 7 to 10;

• section 11 and Schedule 2;

• section 12 and Schedule 3;

• sections 14 and 15;

• section 16 and Schedule 5;

• section 17 and Schedule 6;

• section 21 and Schedule 7;

• section 25;

• section 26 and Schedule 8 to the extent that they are not already in force;

• section 27 and Schedule 9;

• section 49 and Schedule 12;

• section 53 to the extent that it is not already in force;

• section 54 and Schedule 13 except for paragraph 17(2);

• section 57;

• section 66;

• section 67 and Schedule 16;

• section 68 and Schedule 17;

• sections 71 and 72;

• section 73(3), and section 73(1) to the extent that it relates to section 73(3).

Provisions coming into force on 1st May 2012

3. Sections 23 and 24 of EA 2011 come into force on 1st May 2012.

Transitional provisions: the Chief Regulator of Qualifications and Examinations

4. —(1) This article applies in relation to the person who, immediately before 1st April 2012, is the Chief Regulator of Qualifications and Examinations (“the current Chief Regulator”).

(2) On 1st April 2012, the current Chief Regulator is to cease to be known as the Chief Regulator of Qualifications and Examinations.

(3) On and after 1st April 2012, the current Chief Regulator is to be treated —

(a) as having been appointed to chair Ofqual by the Secretary of State, and

(b) as having been so appointed on the date on which she was appointed to chair Ofqual by Her Majesty by Order in Council.

(4) On and after 1st April 2012, the current Chief Regulator’s terms of appointment determined under paragraph 3 of Schedule 9 to ASCLA 2009 have effect as terms of appointment determined under paragraph 3A of that Schedule.

5. —(1) This article applies in relation to the person who, immediately before 1st April 2012, is the chief executive of Ofqual (“the current chief executive”).

(2) On and after 1st April 2012, the current chief executive is to be treated as a member of Ofqual appointed as the chief executive of Ofqual by Her Majesty by Order in Council.

(3) Accordingly, on and after 1st April 2012, the current chief executive is to be known as the Chief Regulator of Qualifications and Examinations.

(4) Subject to paragraph (5), on and after 1st April 2012, the current chief executive’s conditions of service determined under paragraph 6 of Schedule 9 to ASCLA 2009 have effect as the chief executive’s terms of appointment determined under paragraph 3 of that Schedule.

(5) The current chief executive is to be treated as having been appointed for a term of five years beginning on the date on which she was appointed as chief executive of Ofqual under paragraph 6 of Schedule 9 to ASCLA 2009.

Transitional and savings provisions: section 49 of, and Schedule 12 to, EA 2011

6. Despite the coming into force of section 49 of, and paragraph 20 of Schedule 12 to, EA 2011 that section and paragraph shall not have effect in relation to a case where before 1st April 2012 the responsible local authority( 4 ) have made a proposal to which section 33N of the Further and Higher Education Act 1992( 5 ) (before amendment by EA 2011) applies.

7. —(1) Despite the coming into force of section 49 of, and paragraph 23 of Schedule 12 to, EA 2011, that section and paragraph shall not have effect in relation to a case where before 1st April 2012 the Chief Executive of Skills Funding has made a proposal to which section 51(1)(c) of the Further and Higher Education Act 1992( 6 ) applies.

(2) For the purposes of a case referred to in paragraph (1)—

(a) The Education (Publication of Draft Proposals and Orders)(Further Education Corporations)(England) Regulations 2001( 7 ) shall remain in force, and

(b) compliance with the conditions in section 51(2) shall amount to compliance with section 27 of that Act (as substituted by paragraph 7 of Schedule 12 to EA 2011).