The Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993

• Citation: S.I. 1993/1975
• Sections: 15

Section 1 Citation

This Order may be cited as the Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993.

Section 2 Interpretation

In this Order–

“ the Act ” means the Education Act 1993;

“the 1981 Act ” means the Education Act 1981 ;

“the 1988 Act ” means the Education Reform Act 1988 ; and

“the 1992 Act ” means the Education (Schools) Act 1992 .

Section 3 Commencement of section 307(1) of the Act

Section 307(1) of the Act (consequential and minor amendments), so far as it relates to the provisions of Schedule 19 to the Act brought into force by this Order, shall come into force on the dates on which, and for the purposes for which, Schedule 19 is brought into force by this Order.

Section 4 Commencement of and transitional provisions relating to paragraph 173 of Schedule 19

(1) Paragraph 173 of Schedule 19 to the Act (amendments to the 1992 Act) shall come into force as follows.

(2) For the purposes of prescribing any matter which falls to be prescribed under paragraphs 9B(2), 9C(5)(b), 10(2)(a), (3), (4) and (5)(b), 14(4)(b) and 15(3)(b) of Schedule 2 to the 1992 Act, sub-paragraphs (2), (3), (5), (6), (8)(a) and (9)(a) shall come into force on 1st August 1993.

(3) Sub-paragraphs (1)(c), (4) and (7), and sub-paragraphs (2), (3), (5) and (6), so far as not already in force, shall come into force on 1st September 1993.

(4) Sub-paragraph (1)(b), and sub-paragraphs (8) and (9), so far as not already in force, shall come into force on 1st October 1993.

Section 5 Commencement of and transitional provisions relating to paragraph 173 of Schedule 19

(1) Until the entry into force of sections 182 and 188 of the Act, paragraphs 9C(4) and 10(4) of Schedule 2 to the 1992 Act (as substituted by sub-paragraphs (5) and (6) of paragraph 173 of Schedule 19 to the Act) shall have effect as if the reference in each of those paragraphs to a maintained special school were a reference to a special school maintained by a local education authority.

(2) Until the entry into force of section 189 of the Act, those paragraphs (as so substituted) shall have effect as if the reference in each of them to section 189(1) of the Act were a reference to section 11(3)(a) of the 1981 Act.

Section 6 Commencement of section 5 of the Act

Section 5 of the Act (meaning of “funding authority” in Education Acts) shall come into force on 1st September 1993.

Section 7 Commencement of and transitional provisions relating to Chapter I of Part V

Chapter I of Part V of the Act (schools failing to give an acceptable standard of education: identification of schools requiring special measures) shall come into force on 1st September 1993.

Section 8 Commencement of and transitional provisions relating to Chapter I of Part V

(1) Until the entry into force of sections 182 and 188 of the Act, Chapter I of Part V of the Act shall have effect as if any reference in that Chapter to a maintained special school were a reference to a special school maintained by a local education authority.

(2) Until the entry into force of paragraph 8 of Schedule 6 to the Act, section 210(7) of the Act shall have effect as if the reference in that section to that paragraph were a reference to paragraph (j) of section 58(5) of the 1988 Act.

Section 9 Commencement of and transitional provisions relating to certain other provisions of the Act

The provisions of the Act specified in the first column of Schedule 1 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st October 1993; and, save as otherwise provided in the first column of Schedule 1, they shall come into force on that date for all purposes.

Section 10 Commencement of and transitional provisions relating to certain other provisions of the Act

Schedule 2 to this Order shall have effect for the purposes of making transitional provisions in connection with the provisions brought into force by Article 9 of, and Schedule 1 to, this Order.

Section 1

Until the entry into force of section 168 of the Act, sections 193(1) and 195(1) of the Act shall have effect as if the references in those provisions to section 168 of the Act were references to section 7 of the 1981 Act.

Section 2

Until the entry into force of sections 149 to 151 of the Act, section 194(2)(b) shall have effect as if the reference in that section to sections 149 to 151 of the Act were a reference to section 83 of the 1988 Act.

Section 3

Until the entry into force of section 98 of the Act, section 13(3)(c) of the 1992 Act (as substituted by section 259(2) of the Act) shall have effect as if the reference in that section to section 98 of the Act were a reference to section 89 of the 1988 Act.

Section 4

(1) Until the entry into force of paragraph 5 of Schedule 6 to the Act, section 25(5) of the Local Government Act 1974 (as amended by section 269 of the Act) shall have effect as if the reference in that section to paragraph 5 of Schedule 6 to the Act were a reference to paragraph (d) of section 58(5) of the 1988 Act.

(2) Notwithstanding the amendment made to section 25(5) of the Local Government Act 1974 by section 269 of the Act, Part III of the Local Government Act 1974 shall not have effect to enable the Local Commissioner to conduct an investigation with respect to any action of an appeal committee constituted in accordance with paragraph (2) of Schedule 2 to the Education Act 1980 or for the purposes of section 58(5)(d) of the 1988 Act where notice of the appeal to which the action relates was served before 1st October 1993.

Section 5

Until the repeal of section 14(1)(a) and (c) of the 1988 Act by section 307(3) of, and Schedule 21 to, the Act has effect, subsections (3), (5) and (6) of section 14 of the 1988 Act (as amended by paragraph 118(b) to (d) of Schedule 19 to the Act) shall have effect as if the references in each of those subsections to “the Council” were references to “the Curriculum Council for Wales”.