The Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994 No. 2038 (C. 39)


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Due to defects in Statutory Instrument 1994 No. 2038, it is being published jointly with correcting S.I. 1994 No. 2248 at no extra cost.

Statutory Instruments

1994 No. 2038 (C.39)

EDUCATION, ENGLAND AND WALES

The Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994

Made

28th July 1994

In exercise of the powers conferred on the Secretary of State by sections 301(6) and 308(3) of the Education Act 1993(1) the Secretary of State for Education hereby makes the following order:

Citation and interpretation

1.-(1) This Order may be cited as the Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994.

(2) In this Order "the Act" means the Education Act 1993.

2. 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 August 1994; and, save as otherwise provided in the first column of Schedule 1, they shall come into force on that date for all purposes.

3.-(1) The provisions of the Act specified in the first column of Schedule 2 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st September 1994; and, save as otherwise provided in the first column of Schedule 2, they shall come into force on that date for all purposes.

(2) Schedule 4 to this Order shall have effect for the purpose of making transitional provisions in connection with the provisions brought into force by this Article and Schedule 2 to this Order.

4. The provisions of the Act specified in the first column of Schedule 3 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force for all purposes on 1st December 1994.

Article 2

SCHEDULE 1PROVISIONS COMING INTO FORCE ON 1ST AUGUST 1994

Provisions of the ActSubject matter of provisions
Section 298(2) (for the purposes of defining the expression "pupil referral unit" in relation to regulations made under paragraph 3 of Schedule 18 to the Act).Definition of "pupil referral unit".
Paragraph 3 of Schedule 18, and section 298(8) so far as it relates thereto.Power to make regulations with respect to pupil referral units.
Paragraph 97(a) of Schedule 19 (for the purposes of prescribing the period within which, under the articles of government for county, voluntary controlled and maintained special schools, the governing body are to be required to express their views to the local education authority as to the reinstatement of a permanently excluded pupil), and section 307(1) so far as it relates thereto.Reinstatement of permanently excluded pupils: county, voluntary controlled and maintained special schools.
Paragraph 98(a) of Schedule 19 (for the purposes of prescribing the period within which, under the articles of government for voluntary aided and special agreement schools, the governing body are to be required to express their views to the local education authority as to the reinstatement of a pupil excluded for a fixed period), and section 307(1) so far as it relates thereto.Reinstatement of pupils excluded for a fixed period: voluntary aided and special agreement schools.

Article 3

SCHEDULE 2PROVISIONS COMING INTO FORCE ON 1ST SEPTEMBER 1994

Provisions of the ActSubject matter of provisions
Section 160.Qualified duty to secure education of children with special educational needs in ordinary schools.
Section 164.Provision outside England and Wales for children with statements of special educational needs.
Section 165.Duty of local education authorities to identify children with special educational needs.
Section 166(1) to (3) and (5)Duty of District Health Authority or local authority to help a local education authority in the exercise of their functions.
Section 167 (subsection (5) of that section for all remaining purposes).Assessment of special educational needs.
Section 168 (subsection (7) of that section for all remaining purposes).Statements of special educational needs.
Section 169.Appeals against decision not to make a statement of special educational needs.
Section 170.Appeals against contents of statements.
Section 171.Access for local education authorities to certain schools.
Section 172(2) to (5).Reviews of educational needs of children with statements.
Section 173.Assessment of a child's educational needs at request of the parent.
Section 174.Assessment of a child's educational needs at the request of the governing body of a grant-maintained school.
Section 175.Assessment of educational needs of children under the age of two years.
Section 176.Duties of District Health Authorities and National Health Service trusts in respect of children under the age of five years.
Section 177(1).Establishment of the Special Educational Needs Tribunal.
Section 180(3), (5) and (6).Procedure of the Special Educational Needs Tribunal.
Section 192(6) and (7) (for all remaining purposes).School Attendance Orders.
Section 196.Choice of school to be specified in a school attendance order: child with statement of special educational needs.
Section 197(5).Revocation of a school attendance order in respect of a child with a statement of special educational needs under section 168 of the Act.
Section 241.Sex education.
Section 261.Restrictions on power to exclude pupils.
Section 262.Exclusion of pupils: funding.
Section 298 (subsections (2) and (8) for all remaining purposes).Duty of local education authorities to make exceptional provision of education in school or elsewhere.
Schedule 9 (for all remaining purposes).Making of assessments under section 167 of the Act.
Schedule 10 (for all remaining purposes).Making and maintenance of statements under section 168 of the Act.
Schedule 18 (for all remaining purposes).Pupil referral units.
Paragraphs 16, 31(a), 44, 54(a), 74, 82 (for all remaining purposes), 87(a) and (c), 88, 95, 96, 97 (for all remaining purposes), 98 (for all remaining purposes), 101(a), 120, 121, 139 (for all remaining purposes), 145 (for all remaining purposes), 147, 148, 151, 154 (for all remaining purposes) and 160 of Schedule 19, and section 307(1) so far as it relates thereto.Minor and consequential amendments.
Schedule 21, in so far as it relates to the repeals set out in the Appendix to this Schedule, and section 307(3) so far as it relates thereto.Repeals.

Appendix to Schedule 2REPEALS TAKING EFFECT ON 1ST SEPTEMBER 1994

ChapterShort titleExtent of repeal
1994 c. 31.The Education Act 1944.Section 56.
1981 c. 60.The Education Act 1981.Sections 2(2) and (3), 3A, 4, 5, 6, 7(1) to (9) and (11), 8, 9, 10, 15, 16, 18, 19 and 20(1) (other than the definition of "principal Act").
Paragraphs 1(1) and (2), 2, 3, and 5 to 7 of Schedule 1, paragraphs 2 to 8 of Schedule 2 and paragraphs 8(2)(a) and (c), 9, 15 and 16 of Schedule 3.
1986 c. 61.The Education (No. 2) Act 1986.In section 23(a)(ii) and (b) "or indefinite".
Section 24(c) and (e) and, in paragraph (f), "or (c)".
Section 25(d), (e) and (f).
1988 c. 40.The Education Reform Act 1988.In section 235(1), the definition of "the 1981 Act".
In Schedule 12, paragraphs 27, 28 and 83 to 85.
1989 c. 41.The Children Act 1989.Section 27(4).
In Schedule 12, paragraph 36.
1990 c. 19.The National Health Service and Community Care Act 1990.In Schedule 9, paragraph 22.

Article 4

SCHEDULE 3PROVISIONS COMING INTO FORCE ON 1ST DECEMBER 1994

Provisions of the ActSubject matter of provisions
Section 224.School conducted by education association acquiring grant-maintained status.
Section 225.Discontinuance of school conducted by an education association.
Section 226.Winding-up of an education association.
Section 228(4).Application of sections 186 and 224 of the Act in relation to former maintained special schools being conducted by education associations.

Article 3

SCHEDULE 4TRANSITIONAL PROVISIONS

1. In this Schedule, "the 1981 Act" means the Education Act 1981(2).

2.-(1) This paragraph applies in any case where-

(a)before 1st September 1994 a local education authority serve notice under section 5(5) of the 1981 Act of their intention to carry out an assessment under that section, and

(b)by a time immediately before that date the local education authority have not served on the parent of the child concerned a notice under section 5(7) of that Act or a copy of a proposed statement under section 7(3) of that Act.

(2) Subject to sub-paragraph (4) below, in any case to which this paragraph applies sections 5(6), (7) and (10) and 7(1) and (3) to (8) of, and paragraphs 1, 2 and 3 of Schedule 1 to, the 1981 Act shall continue to have effect on and after 1st September 1994 in relation to-

(a)the making of an assessment of the child's special educational needs in pursuance of the notice under section 5(5) of the 1981 Act, and

(b)(where it is decided in the light of that assessment that the local education authority should determine the special educational provision which is to be made for the child) the making of a statement of special educational needs in pursuance of that decision.

(3) Where section 5(6) of the 1981 Act has effect by virtue of sub-paragraph (2) above, that section shall have effect as if for "in writing to the Secretary of State" there were substituted "to the Special Educational Needs Tribunal".

(4) Sub-paragraph (2) above shall cease to apply in any case where the local education authority have failed before 1st January 1995 either-

(a)to serve notice on the parent of the child in accordance with section 5(7) of the 1981 Act, or

(b)to serve on the parent in accordance with section 7(3) of that Act a copy of the child's proposed statement of educational needs.

(5) In any case to which sub-paragraph (2) above applies-

(a)sections 167(6), 168(1) to (4) and 169(1) and (2) of, and Schedule 9 and paragraphs 2 to 5 of Schedule 10 to, the Act shall not apply, and

(b)section 169(3) shall have effect as if the reference to an appeal under that section included a reference to an appeal under section 5(6) of the 1981 Act (as if it has effect by virtue of this paragraph).

(6) An appeal under section 5(6) of the 1981 Act (as it has effect by virtue of this paragraph) shall be treated for the purposes of Part III of the Act as if made under section 169(2) of the Act.

(7) Any assessment or any statement of special educational needs made under section 5 or 7 of the 1981 Act by virtue of sub-paragraph (2) above shall have effect as if made (as the case may be) under section 167 or 168 of the Act; and any reference, whether express or implied, in any enactment, instrument or document to an assessment under section 167 of the Act, or a statement under section 168 of the Act, is to be read so far as the nature of the reference permits as including a reference to any assessment or any statement so made.

3.-(1) This paragraph applies where before 1st September 1994 a local education authority give notice under section 5(7) of the 1981 Act to the parent of a child who has been assessed in accordance with that section.

(2) In any case to which this paragraph applies-

(a)section 5(6) and (8) of the 1981 Act shall continue to have effect on and after 1st September 1994, and

(b)section 169 of the Act shall not apply,

in relation to the decision of the local education authority to which the notice under section 5(7) of the 1981 Act relates.

4.-(1) This paragraph applies where before 1st September 1994 a local education authority serve on the parent of a child in accordance with section 7(3) of the 1981 Act a copy of a proposed statement of special educational needs for that child.

(2) In any case to which this paragraph applies-

(a)section 7(1) and (4) to (8) of, and paragraph 3 of Schedule 1 to, the 1981 Act shall continue to have effect on and after 1st September 1994,

(b)section 168(1) to (4) of, and paragraphs 3 to 5 of Schedule 10 to, the Act shall not apply,

in relation to a statement of special educational needs made pursuant to the proposed statement served under section 7(3) of the 1981 Act.

(3) Any statement of special educational needs made under section 7 of the 1981 Act by virtue of sub-paragraph (2) above shall have effect as if made under section 168 of the Act; and any reference, whether express or implied, in any enactment, instrument or document to a statement under section 168 of the Act, is to be read so far as the nature of the reference permits as including a reference to any statement so made.

5.-(1) This paragraph applies where before 1st September 1994 a local education authority serve on the parent of a child in accordance with section 7(9) of the 1981 Act a copy of the statement of special educational needs made for that child under that section.

(2) In any case to which this paragraph applies-

(a)section 8 of the 1981 Act shall continue to have effect on and after 1st September 1994, and

(b)section 170 of the Act shall not apply,

with respect to any appeal against the special educational provision specified in the statement served under section 7(9) of the 1981 Act.

6.-(1) This paragraph applies where-

(a)before 1st September 1994 a local education authority, in accordance with paragraph 6 of Schedule 1 to the 1981 Act, serve notice on the parent of a child, for whom they maintain a statement of special educational needs, of their proposal to amend or to cease to maintain that statement; and

(b)by a time immediately before that date the local education authority have not informed the parent of their decision on the proposal in accordance with paragraph 6(3) of that Schedule.

(2) In any case to which this paragraph applies-

(a)paragraph 6 of Schedule 1 to the 1981 Act shall continue to have effect on and after 1st September 1994, and

(b)paragraphs 9 to 11 of Schedule 10 to the 1981 Act shall not apply,

in relation to any determination of the local education authority to amend or to cease to maintain the statement made in pursuance of that proposal.

(3) Where paragraph 6(4) of Schedule 1 to the 1981 Act has effect by virtue of sub-paragraph (2) above, that paragraph shall have effect as if for the words from "section 8(1)" to the end of that paragraph there were substituted-

"section 170(1) of the Education Act 1993 to appeal against the description in the statement of the authority's assessment of the child's special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact".

(4) For the purposes of any determination under paragraph 6(3) of Schedule 1 to the 1981 Act (as it has effect by virtue of sub-paragraph (2) above), or any appeal under section 170(1) of the Act against any such determination, the local education authority shall be treated as if they were under a duty to maintain the statement, to which the determination relates, by virtue of section 7(1) of the 1981 Act instead of section 168(1) of the Act.

7.-(1) This paragraph applies where before 1st September 1994 a local education authority, in accordance with paragraph 6(4) of Schedule 1 to the 1981 Act, inform the parent of a child, for whom they maintain a statement of special educational needs, of his right to appeal in consequence of any amendment made by them to the child's statement.

(2) In any case to which this paragraph applies-

(a)section 8 of the 1981 Act shall continue to have effect on or after 1st September 1994, and

(b)section 170 of, and paragraph 10(4) of Schedule 10 to, the Act shall not apply,

with respect to any appeal made by the parent in consequence of the amendment made to his child's statement of special educational needs by the local education authority.

8. Where on 1st September 1994 no decision has been made by a local education authority in relation to a request for an assessment made by a parent under section 9(1) of the 1981 Act, that request shall have effect on and after that date as if it had been made under section 173(1) of the Act.

9.-(1) This paragraph applies where before 1st September 1994 a local education authority have served a notice on the parent of a child under section 15(2) of the 1981 Act with respect to the naming of a school in a school attendance order, and immediately before that date no determination has been made in accordance with that section as to which school is to be named in the order.

(2) In any case to which this paragraph applies-

(a)section 15(1) to (5) of the 1981 Act shall continue to have effect on and after 1st September 1994,

(b)section 196(1) to (3) of the Act shall not apply, and

(c)paragraph 9 of Schedule 10 shall have effect as if the reference to section 197 included a reference to section 15 of the 1981 Act,

for the purpose of determining the school to be named in the school attendance order, and for the purpose of making any consequential amendments to the child's statement of special educational needs.

10.-(1) This paragraph applies in any case where before 1st September 1994 a parent has requested the local education authority in accordance with section 16(2) of the 1981 Act to amend or revoke the school attendance order relating to his child, and immediately before that date either-

(a)no determination has been made by the local education authority with respect to the parent's request, or

(b)where the authority have refused to amend the order in compliance with the parent's request, the matter has been referred to the Secretary of State and he has yet to determine the matter.

(2) In relation to any request, to which this paragraph applies, for the school attendance order to be amended-

(a)section 16(1) to (4) shall continue to have effect on and after 1st September 1994,

(b)section 196(4) of the Act shall not apply, and

(c)paragraph 9 of Schedule 10 shall have effect as if the reference to section 197 included a reference to section 16 of the 1981 Act.

(3) In relation to any request, to which this paragraph applies, for the school attendance order to be revoked, section 197(5) of the Act shall have effect as if paragraph (a), and in paragraph (b) the words "in any other case", were omitted.

Gillian Shephard

Secretary of State for Education

28th July 1994

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st August 1994 paragraph 3 of Schedule 18 to the Education Act 1993 (which relates to pupil referral units), and section 298(2) of that Act for the purposes of regulations made under that provision. The Order also partially brings into force on that date paragraphs 97(a) and 98(a) of Schedule 19 to the Education Act 1993 (which amend respectively sections 24 and 25 of the Education (No. 2) Act 1986).

The Order brings into force on 1st September 1994 the remaining provisions of Part III of the Education Act 1993 ("the 1993 Act"). The Order also brings into force on that date the remaining provisions of Part IV of the 1993 Act; section 241 of that Act (which relates to sex education); sections 261 and 262 of that Act (which relate to the exclusion of pupils from schools). Also brought into force on 1st September 1994 for all remaining purposes are section 298 of, and Schedule 18 to, the 1993 Act (which relate to the duty of local education authorities to make exceptional provision of education in school or elsewhere, and pupil referral units).

The Order brings into force on 1st December 1994 sections 224 to 226 and 228(4) of the 1993 Act (which relate to education associations).

The Order also includes transitional provisions. Schedule 4 contains transitional provisions consequential on the commencement of the provisions of Parts III and IV of the 1993 Act brought into force by this Order on 1st September 1994.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Education Act 1993 have been brought into force on the dates specified in the following table-

ProvisionDate of CommencementS.I No.
Paragraph 173(2), (3), (5), (6), (8)(a) and (9)(a) of Schedule 19 (partially); and section 307(1) (so far as it relates thereto).1st August 1993.S.I. 1993/1975.
Sections 5 and 204 to 212.1st September 1993.S.I. 1993/1975.
Paragraph 173(1)(c) and (2) to (7) of Schedule 19 (for all remaining purposes); and section 307(1) (so far as it relates thereto).1st September 1993.S.I. 1993/1975.
Sections 1, 2, 192 (partially) 193 to 195, 197(1) to (4) and (6), 198 to 203, 229(1) (partially), 230(1) and (3) to (5) (subsection (1) partially), 242 to 251,259, 260, 263 to 265, 269, 270, 280, 282 to 286, 293 and 294 and Schedule 14.1st October 1993.S.I. 1993/1975.
Paragraphs 1, 3 to 5, 8, 11, 14, 15, 20(a), 23(a)(i) (partially), 24(a)(ii) to (iii), 25, 28, 30, 32, 34 (partially), 35, 40 to 43, 56, 64, 68, 69, 72, 75, 77(a), 78, 80, 84, 112, 118(b) to (d), 119, 122, 124, 131, 132, 141,149, 152, 154 (partially), 155, 170, 173(1)(b), (8)and (9) (the latter two sub-paragraphs for all remaining purposes) and 175 of Schedule 19; and section 307(1) so far as it relates thereto.1st October 1993.S.I. 1993/1975.
Schedule 21 so far as it relates to the repeal of section 10 of the Children and Young Persons Act 1933; sections 1(1), 6(1) and (2) (subsection (1) partially), 16(1) (partially), 37, 39 and 40 of, and the Eighth Schedule (partially) to, the Education Act 1944; section 9 of the Education (Miscellaneous Provisions) Act 1948; section 10 of the Education (Miscellaneous Provisions) Act 1953; Schedule 3 to the Criminal Justice Act 1967 (partially); section 3(4) of, and paragraph 1 of Schedule 1 to, the Education Act 1968; paragraphs 2 and 13 of Schedule 5 to the Children and Young Persons Act 1969; Schedule 6 to the Criminal Law Act 1977 (partially); sections 10 and 11 of, and paragraph 10 of Schedule 1 to, the Education Act 1980; sections 14(4) and (5) (the latter subsection partially) and 25(1) (partially) of, and paragraph 18 (partially) of Schedule 2 to, the Education Reform Act 1988; and section 36(8) (partially of, and paragraphs 4 and 8 of Schedule 13 to, the Children Act 1989; and section 307(3) so far as it relates thereto.1st October 1993.S.I. 1993/1975.
Section 24.9th December 1994.S.I. 1993/3106.
Sections 22(1), (2)(a) and (b) and (3) (subsection (2)(b) partially), 23, 25 to 35, 36(1) and (2), 37 to 46, 47(5) to (9), 55 to 67, 71 to 77, 79, 80, 92, 136(1), and (3), 137, 152, 153(1), (2) and (4), 155 to 158, 161(5), 177(2) to (6), 178, 179, 180(1) and (2), 181, 182(4) (partially), 213 to 216, 217(1), 218 to 223, 227, 228(1) to (3), 238, 239, 246, 266 to 268, 271, 274 to 276, 281, 287, 288, 290 to 292, 299, 300 and 307(2) (partially) and Schedules 3 (partially), 4, 5, 6, 7, 11 (partially), 12, 13, 16, 17 and 20 (partially).1st January 1994.S.I. 1993/3106.
Paragraphs 7, 22, 23(a) (for all remaining purposes), 24(a)(iv) and (b), 29, 39, 55(b), 82 (partially), 83, 90 (partially), 109(a), (b)(i) and (e), 118(a) and (e), 123, 126 (partially), 130 (partially), 133, 134, 135, 137 (partially), 138(a) and (b) (the latter sub-paragraph partially), 139(a)(ii), (b) and (c), 143, 144, 150, 153, 162, 163(a) and (c), 164, 165, 166, 167(b) and 174 of Schedule 19, and section 307(1) so far as it relates thereto.1st January 1994.S.I. 1993/3106.
Paragraphs 1, 3, 5, 6 and 7 of Schedule 20, and section 307(2) so far as it relates thereto.1st January 1994.S.I. 1993/3106.
Schedule 21 so far as it relates to the repeal of sections 102, 103 and 105(2) (partially), of the Education Act 1944; section 1 of the Education Act 1967; Schedule 1 to the Superannuation Act 1972 (partially); Schedule 1 to the House of Commons Disqualification Act 1975 (partially); section 1 of the Education Act 1981; sections 14(1) (partially), 42(4) and (5) (both subsections partially), 52(3) to (9), 53 to 56, 58 to 72, 74 to 78, 102, 103, 104(1) and (3) (both subsections partially), 119(2)(partially), 198(1)(partially), 200, 230(1) (partially), 232(2) and (4) (both subsections partially), 235(1), (3) and (5) (all subsections partially) of, and paragraphs 1 and 9 (the latter paragraph partially) of Schedule 1, paragraph 2 of Schedule 4 (partially) and Schedule 5 to, the Education Reform Act 1988; paragraph 4 of Schedule 12 to the Children Act 1989; and section 3(6) (partially) of the Diocesan Boards of Education Measure 1991; and section 307(3) so far as it relates thereto.1st January 1994.S.I. 1993/3106.
Sections 172(1) and (6), 182(1) to (3) (partially), 186(1), (2) and (4), 187, 252 and 278(1) to (5).3rd March 1994.S.I. 1994/507.
Paragraphs 82 (partially) and 125(a) of Schedule 19; and section 307(1) so far as it relates thereto.3rd March 1994.S.I. 1994/507.
Schedule 21 so far as it relates to the repeal of section 7(10) of the Education Act 1981, and sections 1(3)(b) (partially) and 3(2), (3) and (5) (subsection (3) partially) of the Education (Grants and Awards) Act 1984; and section 307(3) so far as it relates thereto.3rd March 1994.S.I. 1994/507.
Sections 3 to 156 (for all remaining purposes), 159, 161(1) to (4), 162, 163, 166(4), 180(4), 182 (for all remaining purposes), 183 to 185, 186(3), 188, 189, 191, 217(2), 229 (for all remaining purposes), 230 (for all remaining purposes), 231 to 237, 253 to 258, 272, 273, 278(6), 289, 295 to 297 and 304 and Schedules 2, 3 (for all remaining purposes), 8, 9 (partially), 10 (partially), 11 (for all remaining purposes) and 15.1st April 1994.S.I. 1994/507.
Paragraphs 6, 9, 12, 13, 18, 19, 20(b), 21, 23(b), 26, 27, 34 (for all remaining purposes), 38, 46 to 52, 55(a), 57, 59, 61, 62, 64 to 66, 70, 73, 76, 77(b), 79, 81, 82 (partially), 85, 86, 87(b), 89, 90 (for all remaining purposes), 91 to 94, 99, 100, 101(b), 102, 105, 106, 108, 109(b)(ii), (c) and (d), 110, 111, 113(a), 114 to 117, 125(b), 126 (for all remaining purposes), 127 to 129, 130 (for all remaining purposes), 136, 137 (for all remaining purposes), 138 (for all remaining purposes), 140, 142, 145 (partially), 156 to 159, 161, 163(b), 167(a), 168, 169, 171, 172 and 173(1)(a) of Schedule 19; and section 307(1) so far as it relates thereto.1st April 1994.S.I. 1994/507.
Paragraphs 2 and 4 of Schedule 20; and section 307(2) so far as it relates thereto.1st April 1994.S.I. 1994/507.
Schedule 21 so far as it relates to the repeal of sections 9(5), 50(1) (partially) and 52(1)(a) (partially) of, and Parts I and II of the First Schedule and paragraph 13(4) (partially) of the Fifth Schedule to, the Education Act 1944; section 101 (9)(a) of the Local Government Act 1972; section 1(2)(b) of the Education Act 1973; sections 12(3)(partially), 13(1) and (3) (both subsections partially) and 14(4) of, and paragraph 1(3) and (4) (both sub-paragraphs partially) of Schedule 1 and paragraphs 4 and 13 of Schedule 3 to, the Education Act 1980; sections 2(4) to (7), 3, 11(2) and (3), 12, 13 and 14 of, and paragraphs 1(3) and 4 of Schedule 1 and paragraphs 1, 2, 10 and 13 of Schedule 3 to, the Education Act 1981; sections 5(4)(b) (partially), 9(5) (partially), 11(2) and (7) (subsection (2) partially), 12(3), 13(2) (partially), 38(4)(c) and (6)(b) (both paragraphs partially), 50(3)(c) (partially) and 65(1) (partially) of, and paragraphs 2(2)(b), 5(2)(b) (partially) and 7(7) (partially) of Schedule 2 to, the Education (No.2) Act 1986; section 1(1)(j) of, and Schedule 2 (partially) to, the Local Government Act 1988; sections 52(1) and (2), 57, 73, 79 to 101, 104(1) and (4) (subsection (1) partially), 111(4) and (5)(b) (the latter subsection partially), 119(2) (partially), 230 (1) to (3) and (4)(b)(subsection (1) partially) and 232(2) (partially) of, and paragraph 9 of Schedule 1, paragraphs 9 and 10(5) (the latter paragraph partially) of Schedule 2 and paragraphs 26 and 33 of Schedule 12 to, the Education Reform Act 1988; section 13(2)(b) and (6) of, and paragraph 4 (partially) of Schedule 1 and paragraphs 4 and 98 of Schedule 11 to, the Local Government and Housing Act 1989; paragraph 78 of Schedule 2 to the Planning (Consequential Provisions) Act 1990; sections 13 and 59(5) of, and paragraphs 18 and 29 of Schedule 8 to, the Further and Higher Education Act 1992; and paragraph 58 of Schedule 13 to the Local Government Finance Act 1992; and section 307(3) so far as it relates thereto.1st April 1994.S.I. 1994/507.
Section 279 (partially)15th June 1994.S.I. 1994/1558.

The Education Act 1993 (Commencement No. 4) Order 1994 (S.I. 1994/1588) will bring into force the following provisions of the Education Act 1993 specified in the first column of the following table on the date specified in the second column thereof-

ProvisionDate of Commencement
Section 279 (for all remaining purposes).1st April 1995.
Paragraphs 103, 104 and 107 of Schedule 19, and section 307(1) so far as it relates thereto.Schdule 21 so far as it relates to the repeal of sections 51(9) and (13) and 63(4) of the Education (No. 2) Act 1986, and section 307(3) so far as it relates thereto.


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