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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2007 No. 1801 (C. 68)

EDUCATION, ENGLAND

The Education and Inspections Act 2006 (Commencement No. 5 and Saving Provisions) Order 2007

  Made 21st June 2007 

The Secretary of State for Education and Skills, in exercise of the powers conferred by sections 181 and 188(3) of the Education and Inspections Act 2006[1], makes the following Order:

Citation and interpretation
     1. —(1) This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 5 and Saving Provisions) Order 2007.

    (2) In this Order—

Provisions coming into force on 25th June 2007
     2. Section 55(8) and (9) of the Act comes into force in relation to England only on 25th June 2007.

Provisions coming into force on 1st September 2007
    
3. The following provisions of the Act come into force in relation to England only on 1st September 2007—

     4. The following provisions of the Act come into force on 1st September 2007—

Saving provisions
     5. —(1) Despite the commencement of paragraph 4 of Schedule 10 and the repeal of the words mentioned in article 4(m)[a], section 509 of EA 1996 continues to apply in respect of persons in England who are neither children nor persons of sixth form age.

    (2) Despite the commencement of the repeal of section 21(4) of the Anti-social Behaviour Act 2003 in section 99(2)(c) of and Part 6 of Schedule 18 to the Act, section 21(4) continues to apply in relation to parenting orders made, or applied for, before 1st September 2007.


Jim Knight
Minister of State Department for Education and Skills

21st June 2007



SCHEDULE
Article 4(a)[b]


APPLICATION OF SECTION 5 OF THE ACT




PART 1

PRIMARY SCHOOLS

1 Barnsley Metropolitan Borough Council
2 Bexley London Borough Council
3 Blackpool Borough Council
4 Bournemouth Borough Council
5 City of Bradford Metropolitan District Council
6 Calderdale Metropolitan, Borough Council
7 Camden London Borough Council
8 Cheshire County Council
9 Bristol City Council
10 Cornwall County Council
11 Council of the Corporation of London
12 Coventry City Council
13 Croydon London Borough Council
14 Darlington Borough Council
15 Derby City Council
16 Ealing London Borough Council
17 Gateshead Council
18 Gloucestershire County Council
19 Greenwich London Borough Council
20 Hackney London Borough Council
21 Hammersmith & Fulham London Borough Council
22 Herefordshire Council
23 Hertfordshire County Council
24 Hounslow London Borough Council
25 Isle of Wight Council
26 The Council of the Royal Borough of Kensington & Chelsea
27 Kent County Council
28 City of Kingston upon Hull
29 Kirklees Metropolitan Council
30 Islington London Borough Council
31 Leicestershire County Council
32 Lewisham London Borough Council
33 Liverpool City Council
34 Medway Council
35 Middlesbrough Council
36 Newham London Borough Council
37 North Lincolnshire Council
38 Northumberland County Council
39 Nottinghamshire County Council
40 Oxfordshire County Council
41 Borough of Poole Council
42 Reading Borough Council
43 Richmond upon Thames London Borough Council
44 Rutland County Council
45 Sefton Metropolitan Borough Council
46 Shropshire County Council
47 South Tyneside Council
48 Southwark London Borough Council
49 St Helens Council
50 Stockton-on-Tees Borough Council
51 Stoke-on-Trent City Council
52 Sunderland City Council
53 Sutton London Borough Council
54 Telford & Wrekin Council
55 Thurrock Borough Council
56 Tower Hamlets London Borough Council
57 Trafford Metropolitan Borough Council
58 Wakefield Metropolitan District Council
59 Waltham Forest London Borough Council
60 Wandsworth London Borough Council
61 Warrington Borough Council
62 Warwickshire County Council
63 Wigan Metropolitan Borough Council
64 The Council of the Royal Borough of Windsor and Maidenhead
65 Wirral Metropolitan Borough Council
66 Wokingham District Council



PART 2

SPECIAL SCHOOLS

1 Barnet London Borough Council
2 Bournemouth Borough Council
3 Bracknell Forest Borough Council
4 Cornwall County Council
5 Enfield London Borough Council
6 Halton Borough Council
7 Haringey London Borough Council
8 Hartlepool Borough Council
9 Islington London Borough Council
10 Kent County Council
11 The Council of the Royal Borough of Kingston upon Thames
12 Liverpool City Council
13 Merton London Borough Council
14 Newcastle City Council
15 Newham London Borough Council
16 North Lincolnshire Council
17 North Somerset Council
18 Northamptonshire County Council
19 Oxfordshire County Council
20 Reading Borough Council
21 Richmond upon Thames London Borough Council
22 Rutland County Council
23 Sandwell Metropolitan Borough Council
24 Sefton Metropolitan Borough Council
25 Shropshire County Council
26 South Gloucestershire Council
27 St Helens Council
28 Sutton London Borough Council
29 Warrington Borough Council
30 West Berkshire Council
31 West Sussex County Council
32 Wigan Metropolitan Borough Council
33 Wirral Metropolitan Borough Council



EXPLANATORY NOTE

(This note is not part of the Order)


This Order is the fifth commencement order made under the Education and Inspections Act 2006 ("the Act"). Articles 3 to 5 contain the provisions of the Act to be commenced (on 1st September 2007 apart from section 55(8) which is to come into force on 25th June 2007). The provisions in Articles 2 and 3 are to be commenced in relation to England only; the Welsh Ministers have the power to commence these provisions in relation to Wales.

Section 5 imposes a duty upon local education authorities in England to appoint a school improvement partner in relation to each school which they maintain. It is commenced in relation to primary schools in the local authority areas listed in Part 1 of the Schedule and in relation to special schools in the local authority areas listed in Part 2 of the Schedule.

The commencement of the remainder of section 38 inserts new section 21 (5) and (8) of the Education Act 2002. These sections require the governing bodies of maintained schools to promote the well-being of pupils at the school, and promote community cohesion

Section 55 amends section 71 of the School Standards and Framework Act 1998 and allows sixth –form pupils themselves to request to be excused from attendance at religious worship at maintained mainstream schools. Section 55(8) substitutes a new section 71(7) requiring regulations to make the same provision in respect of maintained special schools. It is being commenced on x June 2007 in order to allow regulations to be made also to come into force on 1st September 2007.

Section 77(1) is commenced to the extent that it is not already in force, i.e. to the extent that it inserts sections 508B and 508C to the Education Act 1996 ("EA 1996"). These sections impose duties on local authorities to ensure that suitable home to school travel arrangements are made for children in their area.

Section 77(2), which inserts Schedule 35B to EA 1996, is commenced except in relation to paragraphs 11, 12 and 13 of that Schedule. Schedule 35B defines "eligible child" for the purposes of section 508B of EA 1996 i.e. those classes of children whose travel needs fall to be considered under section 508B and provided free of charge. The broad classes of "eligible child" are: (i) children who cannot be expected to walk due to their special educational needs, disability or mobility problems (paragraphs 2 and 3), (ii) children who cannot be expected to walk due to the nature of their route (paragraphs 4 and 5), (iii) children who live outside walking distance (paragraphs 6 to 8), and (iv) children from low income families (paragraphs 9 to 13). Paragraphs 11 to 13 relate to children of 11 years and above from low income families, and are proposed to be commenced on 1st September 2008, until which time they are excluded from the definition of "eligible child".

Section 82 makes amendments to section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) consequent on changes to the school travel provisions made by the Act.

Section 84 which inserts section 509AD to EA 1996 (duty to have regard to religion or belief in exercise of travel functions) is commenced in relation to local authority travel functions under sections 508B, 508C and 508E of EA 1996.

Section 85 commences Schedule 10, which makes further amendments to EA 1996, and to transport legislation, consequent on changes to the school travel provisions made by the Act. Despite the amendments made to section 509 of EA 1996 by paragraph 4 of Schedule 10, section 509 (provision of transport) continues to apply in respect of adult learners in England (i.e. persons who are neither children nor persons of sixth form age) as is provided for by Article 5(1).

Part 7, Chapter 2 is fully commenced in relation to England. It includes provisions extending the availability of parenting contracts and parenting orders in respect of misbehaviour at school (sections 97 to 99), requiring local authorities and school governing bodies to provide full time education following exclusion (sections 100 and 101), requiring head teachers to arrange reintegration interviews (section 102), for an offence of a parent failing to ensure an excluded pupil is not present in a public place during school hours (section 103), requiring head teachers to give notices in relation to exclusion, and the full time provision under section 100 or 101 (section 104), for penalty notices in respect of the section 103 offence (sections 105 and 106), and for the extension of police powers to remove truants from public places during school hours in section 16 of the Crime and Disorder Act 1998 (c. 37) to excluded pupils (section 108).

Section 21(4) of the Anti-social Behaviour Act 2003 (c. 38), under which regulations on the costs of parenting orders were made, is repealed, but continues to apply to parenting orders made or applied for before 1st September 2007 as provided for by Article 5(2).



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of this Act have been brought into force by commencement orders made before the date of this Order:

Provisions Date of Commencement S.I. No
Section 1, in relation to England only 25th May 2007 SI 2007/935
Sections 2 and 3 25th May 2007 SI 2007/935
Section 4 in relation to England 27th February 2007 SI 2006/3440
Section 5, partially 8th February 2007 SI 2006/3440
Section 5, partially 1st April 2007 SI 2007/935
Sections 7 to 17 25th May 2007 SI 2007/935
Section 18 (1) to (3) 1st April 2007 SI 2007/935
Section 18 (4) and (5) 25th May 2007 SI 2007/935
Sections 19 and 20 25th May 2007 SI 2007/935
Sections 21 to 24 1st April 2007 SI 2007/935
Section 25 (5), (6) and (7) 1st April 2007 SI 2007/935
Section 25 (1) to (4) and (8) 25th May 2007 SI 2007/935
Section 26 1st April 2007 SI 2007/935
Section 27 (1) to (6) and (8) 1st April 2007 SI 2007/935
Section 27 (7) 25th May 2007 SI 2007/935
Sections 28 to 30 25th May 2007 SI 2007/935
Sections 31 and 32 1st April 2007 SI 2007/935
Section 33, partially 1st April 2007 SI 2007/935
Section 33, fully 25th May 2007 SI 2007/935
Section 34 25th May 2007 SI 2007/935
Section 35, partially 1st April 2007 SI 2007/935
Section 35, fully 25th May 2007 SI 2007/935
Section 36 25th May 2007 SI 2007/935
Section 38 (1) partially, in relation to England 25th May 2007 SI 2007/1271
Section 38 (2) in relation to England 25th May 2007 SI 2007/1271
Section 39 in relation to England 27th February 2007 SI 2006/3440
Section 40 in relation to England 12th December 2006 SI 2006/2990
Section 41 27th February 2007 SI 2006/3440
Section 42 27th February 2007 SI 2006/3440
Section 43 in relation to England 8th January 2007 SI 2006/3400
Section 44 in relation to England 27th February 2007 SI 2006/3400
Section 45 in relation to England 8th January 2007 SI 2006/3400
Section 46 27th February 2007 SI 2006/3400
Section 47 in relation to England 27th February 2007 SI 2006/3400
Section 48 8th January 2007 SI 2006/3400
Section 49 8th January 2007 SI 2006/3400
Section 50 8th January 2007 SI 2006/3400
Section 51 8th January 2007 SI 2006/3400
Section 53 27th February 2007 SI 2006/3400
Section 54 (1), (2) and (3) (b) 8th January 2007 SI 2006/3400
Section 54, fully 25th May 2007 SI 20077/935
Section 56 in relation to England 25th May 2007 SI 2007/935
Section 57 in relation to England 8th February 2007 SI 2006/3400
Sections 59 to 73 1st April 2007 SI 2007/935
Section 74 (4) 1st April 2007 SI 2007/935
Section 76 1st April 2007 SI 2007/935
Section 77 (1), partially 1st April 2007 SI 2007/935
Sections 78 to 80 1st April 2007 SI 2007/935
Section 83 1st April 2007 SI 2007/935
Section 84, partially 1st April 2007 SI 2007/935
Section 85, partially 1st April 2007 SI 2007/935
Sections 88 to 96 in relation to England 1st April 2007 SI 2007/935
Section 112 (1) to (3) 12th December 2006 SI 2006/2990
Section 112 (4), partially 12th December 2006 SI 2006/2990
Section 112 (4), fully 1st April 2007 SI 2007/935
Sections 113 to 115 1st April 2007 SI 2007/935
Section 116 (1) (a) and (b) 12th December 2006 SI 2006/2990
Section 116 (1) (c) and (2) 1st April 2007 SI 2007/935
Section 117 12th December 2006 SI 2006/2990
Sections 118 to 153 1st April 2007 SI 2007/935
Section 155 1st April 2007 SI 2007/935
Section 157 1st April 2007 SI 2007/935
Section 158, partially 12th December 2006 SI 2006/2990
Section 158, fully 1st April 2007 SI 2007/935
Section 159 12th December 2006 SI 2006/2990
Section 160 28th March 2007 SI 2007/935
Section 163 8th January 2007 SI 2006/3400
Section 164 in relation to England 28th March 2007 SI 2007/935
Sections 165 to166 in relation to England 1st April 2007 SI 2007/935
Section 173 8th January 2007 SI 2006/3400
Section 176 1st April 2007 SI 2007/935
Section 184, partially 12th December 2006 SI 2006/2990
Section 184 (partially), in relation to England 8th January 2007 SI 2006/3400
Section 184, partially 8th January 2007 SI 2006/3400
Section 184 (partially), in relation to England 8th February 2007 SI 2006/3400
Section 184 (partially) in relation to England 27th February 2007 SI 2006/3400
Section 184, partially 27th February 2007 SI 2006/3400
Section 184 (partially) in relation to England 1st April 2007 SI 2007/935
Section 184, partially 1st April 2007 SI 2007/935
Section 184 (partially) in relation to England 25th May 2007 SI 2007/935
Section 184, partially 25th May 2007 SI 2007/935
Schedule 2, partially 1st April 2007 SI 2007/935
Schedule 2, fully 25th May 2007 SI 2007/935
Schedule 3 25th May 2007 SI 2007/935
Schedule 4 25th May 2007 SI 2007/935
Schedule 5 in relation to England 8th February 2007 SI 2006/3400
Schedule 6 1st April 2007 SI 2007/935
Schedule 7 1st April 2007 SI 2007/935
Schedule 9 1st April 2007 SI 2007/935
Schedule 10, partially 1st April 2007 SI 2007/935
Schedule 11, partially 12th December 2006 SI 2006/2990
Schedule 11, fully 1st April 2007 SI 2007/935
Schedules 12 to 14 1st April 2007 SI 2007/935
Schedule 15, partially 12th December 2006 SI 2006/2990
Schedule 15, fully 1st April 2007 SI 2007/935
Schedule 18, partially 12th December 2006 SI 2006/2990
Schedule 18 (partially), in relation to England 8th January 2007 SI 2006/3400
Schedule 18, partially 8th January 2007 SI 2006/3400
Schedule 18 (partially), in relation to England 8th February 2007 SI 2006/3400
Schedule 18 (partially) in relation to England 1st April 2007 SI 2007/935
Schedule 18, partially 1st April 2007 SI 2007/935
Schedule 18 (partially) in relation to England 25th May 2007 SI 2007/935
Schedule 18, partially 25th May 2007 SI 2007/935


Notes:

[1] 2006 c.40.back

[2] 1996 c.56.back

[3] within the meaning of section 5(1) of EA 1996back

[4] within the meaning of section 6(2) of EA 1996back


[a] Amended by Correction Slip. Page 2, article 5(1), line two: "in article 3 (m)" should read, "in article 4(m)"; and back

[b] Amended by Correction Slip. Page 3, the shoulder note to the Schedule should read: "Article 4(a)". back




ISBN 978 0 11 077651 4


 © Crown copyright 2007

Prepared 29 June 2007


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20071801.html