The Education and Skills Act 2008 (Commencement No. 1 and Savings) Order 2008

• Citation: S.I. 2008/3077
• Sections: 6

Section 1 Citation and interpretation

(1) This Order may be cited as the Education and Skills Act 2008 (Commencement No. 1 and Savings) Order 2008.

(2) In this Order—

“ the Act ” means the Education and Skills Act 2008;

“ SSFA 1998 ” means the School Standards and Framework Act 1998 ;

“academic year” means the period commencing with 1st August and ending with the next 31st July.

Section 2 Provisions coming into force on 2nd December 2008

The following provisions of the Act come into force on 2nd December 2008—

(a) section 151(1) and (4), to the extent that those subsections insert sections 88B, 88C, 88D, 88E, 88F, 88G, 88H, 88I, 88K and 88L in SSFA 1998;

(b) section 169(1) to the extent that it relates to the provisions in Schedule 1 specified below;

(c) section 169(2) to the extent that it relates to the repeals in Schedule 2 specified below;

(d) in Schedule 1, paragraphs 57, 58, 61, 62, 63, 64, 68, 69, 70, 71, 72, and 73, and, so far as relating to those paragraphs, paragraph 53;

(e) in Schedule 2, the repeals so far as relating to sections 89, 89D, 90 and 90A of SSFA 1998.

Section 3 Provisions coming into force on 2nd December 2008

The following provisions of the Act come into force in relation to England only on 2nd December 2008–

(a) section 169(1) to the extent that it relates to the provisions in Schedule 1 specified below,

(b) in Schedule 1, paragraph 54(5), (6), and (7), and, so far as relating to those sub- paragraphs, paragraph 53.

Section 4 Provisions coming into force on 26th January 2009

The following provisions of the Act come into force on 26th January 2009–

(a) sections 68 to 78;

(b) section 79 to the extent that it repeals sections 114(2), (3) and (5), 115, 116, 118 and 121 of the Learning and Skills Act 2000;

(c) sections 87 to 91;

(d) section 151 so far as not already in force;

(e) section 169(1) to the extent that it relates to the provisions in Schedule 1 specified below;

(f) section 169(2) to the extent that it relates to the repeals in Schedule 2 specified below;

(g) in Schedule 1, paragraphs 44 to 47, paragraphs 56, 59(1) to (6), 60, 65, (and, so far as relating to those paragraphs, paragraph 53), and paragraphs 78, 81, 82 , 83, 84, 85 and 89;

(h) in Schedule 2 –

(i) the repeal of section 94(7) of SSFA 1998;

(ii) the repeal relating to the Welfare Reform and Pensions Act 1999;

(iii) the repeals of the Learning and Skills Act 2000 so far as relating to sections 114(2), (3) and (5), 115, 116, 118 and 121;

(iv) the repeals relating to the Criminal Justice and Court Services Act 2000;

(v) the repeal relating to the Tax Credits Act 2002;

(vi) the repeal relating to section 106 of the Education Act 2005;

(vii) the repeal relating to sections 46, 47(5)(a), 50(3) and 52(2) of the Education and Inspections Act 2006;

(viii) the repeals relating to the National Health Service (Consequential Provisions) Act 2006.

Section 5 Provisions coming into force on 26th January 2009

The following provisions of the Act come into force, subject to article 6, in relation to England only on 26th January 2009 –

(a) sections 150, 152 and 153;

(b) section 165;

(c) section 169(1) to the extent that it relates to the provisions in Schedule 1 specified below;

(d) section 169(2) to the extent that it relates to the repeals in Schedule 2 specified below;

(e) in Schedule 1, paragraphs 53 and 54 so far as not already in force, and paragraphs 55, 59(7), 66 and 67;

(f) in Schedule 2, the repeals so far as relating to sections 86 and 94 of SSFA 1998.

Section 6 Provisions coming into force on 26th January 2009

Despite the coming into force of section 150 and the amendments and repeals to sections 86 and 94 of SSFA 1998 made by sections 152 and 169 of, and Schedules 1 and 2 to, the Act, sections 86 and 94 shall continue to apply without those amendments and repeals in relation to admission to the academic year 2009 - 2010.