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STATUTORY INSTRUMENTS


2006 No. 3400 (C. 127)

EDUCATION, ENGLAND

The Education and Inspections Act 2006 (Commencement No. 2) Order 2006

  Made 16th December 2006 

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. 2) Order 2006.

    (2) In this Order—

Provisions coming into force on 8th January 2007
     2. The following provisions of the Act come into force in relation to England on 8th January 2007—

     3. The following provisions of the Act come into force on 8th January 2007—

Provisions coming into force on 8th February 2007
    
4. The following provisions of the Act come into force in relation to England on 8th February 2007—

     5. Section 5 of the Act comes into force on 8th February 2007—

Provisions coming into force on 27th February 2007
     6. The following provisions of the Act come into force in relation to England on 27th February 2007—

     7. The following provisions of the Act come into force on 27th February 2007—


Jim Knight
Minister of State Department for Education and Skills

16th December 2006



SCHEDULE
Article 3


Application of section 5 of the Act in relation to primary schools which are not special schools


London Borough of Barnet Council

Blackburn with Darwen Borough Council

Buckinghamshire County Council

Dorset County Council

East Sussex County Council

London Borough of Enfield Council

Halton Borough Council

Hampshire County Council

London Borough of Haringey Council

The Royal Borough of Kingston upon Thames Council

Lincolnshire County Council

Luton Borough Council

Manchester City Council

London Borough of Merton Council

Newcastle upon Tyne City Council

North Tyneside Council

Northamptonshire County Council

Oldham Metropolitan Borough Council

Plymouth City Council

London Borough of Redbridge Council

Rochdale Metropolitan Borough Council

Rutland County Council

Sandwell Metropolitan Borough Council

Somerset County Council

Southend-on-Sea Borough Council

South Gloucestershire Council

Surrey County Council

Walsall Council

West Sussex County Council

City of York Council



EXPLANATORY NOTE

(This note is not part of the Order)


This Order is the second commencement order made under the Education and Inspections Act 2006. Articles 2 to 7 contain the provisions of the Act to be commenced. Articles 2, 4 and 6 list those provisions which are commenced in relation to England only.

Section 4 sets out a new duty for local education authorities to make arrangements to enable them to identify children not receiving education and is commenced in relation to England only.

Section 5 sets out a new duty for local education authorities in England to appoint a school improvement partner in relation to each maintained school which they maintain. It is commenced in relation to all secondary schools in all authorities. In relation to primary schools it is commenced only in relation to certain authorities listed in the Schedule.

Sections 41 to 51, 53 to 54 and 163 make amendments to the SSFA 1998 in respect of school admissions. Section 39 re-states the restriction on selection by ability.

Section 57 and Schedule 5 to the Act make amendments to Chapter 4 of Part 2 of the SSFA 1998 (financing of maintained schools). The effect of these amendments together with the repeals in Schedule 18 (Part 6) is as follows: the right of appeal to the Secretary of State against suspension of a maintained school's right to a delegated budget is repealed; there is provision for regulations to specify the date upon which new schools must have a delegated budget, and for a schools forum or the Secretary of State to vary that date; regulations may enable a school's forum to approve a local education authority's revisions to their financial scheme, with recourse to the Secretary of State only where agreement cannot be reached locally; and the Secretary of State may no longer remove non-schools members from school forums.

Section 173 imposes a new duty on governing bodies to designate a staff member as the special educational needs co-ordinator.



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 the commencement order made before the date of this Order:

Provisions Date of Commencement S.I. No
Section 40 in relation to England 12th December 2006 SI 2006/2990
Section 112 (1) to (3) 12th December 2006 SI 2006/2990
Section 112 (4), partially 12th December 2006 SI 2006/2990
Section 116 (1) (a) and (b) 12th December 2006 SI 2006/2990
Section 117 12th December 2006 SI 2006/2990
Section 158, partially 12th December 2006 SI 2006/2990
Section 159 12th December 2006 SI 2006/2990
Section 184, partially 12th December 2006 SI 2006/2990
Schedule 11, partially 12th December 2006 SI 2006/2990
Schedule 15, partially 12th December 2006 SI 2006/2990
Schedule 18, partially 12th December 2006 SI 2006/2990


Notes:

[1] 2006 c.40.back

[2] 1998 c.31.back

[3] Within the meaning of section 5(2) of the Education Act 1996 (c.56).back

[4] Within the meaning of section 6(2) of the Education Act 1996.back

[5] Within the meaning of section 5(1) of the Education Act 1996.back



ISBN 0 11 075546 4


 © Crown copyright 2006

Prepared 28 December 2006


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