The Education Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997

• Citation: S.I. 1997/1468
• Sections: 10

Section 1

(1) This Order may be cited as the Education Act 1997 (Commencement No. 2 and Transitional Provisions) Order 1997.

(2) In this Order

“the 1996 Act ” means the Education Act 1996 ;

“the 1997 Act ” means the Education Act 1997;

“the Inspections Act ” means the School Inspections Act 1996 ;

“ NCVQ ” means the National Council for Vocational Qualifications;

“ QCA ” means the Qualifications and Curriculum Authority; and

“ SCAA ” means the School Curriculum and Assessment Authority.

Section 2

(1) The provisions of the 1997 Act specified in Part I of Schedule 1 to this Order shall come into force on 14th June 1997.

(2) The provisions of the 1997 Act specified in Part II of that Schedule shall come into force on 1st September 1997.

(3) The provisions of the 1997 Act specified in Part III of that Schedule shall come into force on 1st October 1997.

(4) The provisions of the 1997 Act specified in Part IV of that Schedule shall come into force on 1st November 1997.

(5) The provisions of the 1997 Act specified in Part V of that Schedule shall come into force on 1st December 1997.

Section 3

Unless otherwise specified in Schedule 1 to this Order the provisions referred to in Article 2 above shall come into force for all purposes.

Section 4

(1) Part I of Schedule 2 to this Order shall have effect for the purpose of making transitional provisions in connection with paragraphs 4, 5 and 7 of Schedule 6 to the 1997 Act (which are brought into force on 1st September 1997 by Article 2(2)).

(2) Part II of Schedule 2 to this Order shall have effect for the purpose of making transitional provisions in connection with paragraphs 6, 7, 27 and 28 of Schedule 7 to the 1997 Act (which are brought into force on 1st October 1997 by Article 2(3)).

Section 1

The amendment of section 8(2)(d) of the Inspections Act made by paragraph 4 of Schedule 6 to the 1997 Act shall not have effect in any case where the report of an inspection mentioned in section 8(2)(d) is produced by a registered inspector before 1st September 1997.

Section 2

The amendment of paragraph 9(2)(d) of Schedule 1 to the Nursery Education and Grant-Maintained Schools Act 1996 made by paragraph 5 of Schedule 6 to the 1997 Act shall not have effect in any case where the report of an inspection mentioned in paragraph 9(2)(d) is produced by a registered nursery education inspector before 1st September 1997.

Section 3

The amendment of either of sections 16(4)(c) and 20(4)(c) of the Inspections Act made by paragraph 7 of Schedule 6 to the 1997 Act shall not have effect in any case where an inspection report mentioned in subsection (1) of that section is received by the appropriate authority (as defined in section 11(4) or (5) of the Inspections Act) before 1st September 1997.

Section 4

Notwithstanding the coming into force on 1st October 1997 of paragraph 6 of Schedule 7 to the 1997 Act, which provides for the substitution of paragraph (a)(i) of section 32 of the Finance Act 1991 (relief in respect of a qualifying course of vocational qualification), a course of vocational training accredited as a National Vocational Qualification by the NCVQ before that date shall continue to be treated as a qualifying course of vocational training for the purposes of section 32 until such time as QCA or (as the case may be) the Qualifications, Curriculum and Assessment Authority for Wales decide that that accreditation should cease to have effect.

Section 5

Notwithstanding the coming into force on 1st October 1997 of paragraph 7(a) of Schedule 7 to the 1997 Act, which provides for the substitution of paragraph (da) of Schedule 2 to the Charities Act 1993 (exempt charities), SCAA shall remain an exempt charity for the purposes of that Act until the coming into force of section 33 of the 1997 Act (dissolution of SCAA and NCVQ).

Section 6

(1) Notwithstanding the coming into force on 1st October 1997 of paragraphs 27 and 28 of Schedule 7 to the 1997 Act—

(a) anything done by or in relation to SCAA prior to that date in connection with the provisions to which this paragraph applies, shall have effect as if done by or in relation to QCA; and

(b) anything which is in the process of being done by or in relation to SCAA as at that date may, so far as it relates to those provisions, be continued by or in relation to QCA.

(2) This paragraph applies to section 362 of the 1996 Act (development work and experiments) and section 368 of that Act (procedure for making certain orders and regulations).