The Education Reform Act 1988 (Commencement No. 1) Order 1988

• Citation: S.I. 1988/1459
• Sections: 9

Section 1 Citation, interpretation and effect

(1) This Order may be cited as the Education Reform Act 1988 (Commencement No. 1) Order 1988.

(2) In this Order “ the Act ” means the Education Reform Act 1988.

(3) Articles 2 to 5 have effect for bringing the provisions specified into effect in relation only to secondary schools.

Section 2 Coming into force of certain provisions of the Act

Section 26 of the Act shall come into force—

(a) for the purpose of enabling proposals to be made under subsections (4) to (6) for fixing the number of pupils in any age group which it is intended to admit to a secondary school in the school year beginning next after 4th August 1990 and for the purposes of subsections (7), (8) and (10), on 1st September 1989; and

(b) for its remaining purposes (so far as they relate to secondary schools), on 4th August 1990.

Section 3 Coming into force of certain provisions of the Act

Subsections (1) to (3) and (9) of section 27 and sections 28 and 32 of the Act shall come into force (so far as they relate to secondary schools) on 1st September 1988.

Section 4 Coming into force of certain provisions of the Act

Subsections (4) to (8) of section 27 of the Act shall come into force—

(a) for the purpose of enabling orders reducing any standard number applying to a secondary school to be made under subsection (5) and applications for such orders to be made as mentioned in subsection (6), on 1st September 1988;

(b) for the purpose of enabling orders increasing any standard number applying to a secondary school to be made under subsection (5) and applications for such orders to be made as mentioned in subsection (7), on 1st September 1989; and

(c) for their remaining purposes (so far as they relate to secondary schools) on 4th August 1990.

Section 5 Coming into force of certain provisions of the Act

(1) Subsection (1) of section 31 of the Act shall come into force (so far as it relates to secondary schools) on 4th August 1990.

(2) Subsection (2) of section 31 of the Act shall come into force (so far as it relates to the publication of admission arrangements for secondary schools for the school year beginning next after 4th August 1990 and subsequent school years) on 1st September 1989.

Section 6 Coming into force of certain provisions of the Act

Section 30 of the Act shall come into force on 1st September 1988.

Section 7 Transitional provisions

For the purposes of—

(a) proposals made under subsections (4) to (6) and (10) of section 26 of the Act for fixing the number of pupils in any age group which it is intended to admit to a secondary school in the school year beginning next after 4th August 1990, and of subsections (7) and (8) of that section, where such a proposal is made; and

(b) applications made under subsection (7) of section 27 of the Act for an order under subsection (5) of that section increasing any standard number which would otherwise apply to a secondary school in that school year, and of any such order made on such an application,

subsection (1) of section 27 shall have effect as if for the words “in the school year” in paragraph (b) of that subsection there were substituted the words “at the beginning of the school year”.

Section 8 Transitional provisions

For the purposes of applications made at any time before 4th August 1990 under subsection (6) of section 27 of the Act for an order reducing a standard number which would otherwise apply to a secondary school in the school year beginning next after 4th August 1990, and of any such order made on such an application, section 27 shall have effect as if the standard number applying to the school for the age group in question in the school year beginning next after 4th August 1990 were the standard number applying to the school for the age group in question under section 15 of the Education Act 1980 in the school year in which the application is made.

Section 9 Transitional provisions

Where—

(a) an application for an order under section 27(5) reducing a standard number has been made before 31st May 1990, and

(b) the Secretary of State has not before that date either made or refused to make an order on the application,

the standard number applying to the secondary school in question for any age group to which the application relates in the school year beginning next after 4th August 1990 shall be the number of pupils in that age group admitted up to 31st May 1990 in the school year in which that date occurs.