LegalizeThe Education Reform Act 1988 (Commencement No. 5) Order 1989
Made: 6th February 1989
In exercise of the powers conferred by section 236(6) to (8) of the Education Reform Act 1988[^f00001] the Secretary of State for Education and Science hereby makes the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the Education Reform Act 1988 (Commencement No. 5) Order 1989.
- (2) In this Order –
- “the Act” means the Education Reform Act 1988;
- “ILEA school” means a county or voluntary school which is maintained by the Inner London Education Authority on the date this Order is made, or a special school so maintained which is not established in a hospital, and “ILEA county school” shall be construed accordingly; and
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act.
Coming into force of certain provisions of the Act
2
The provisions of the Act specified in column 1 of Schedules 1 to 7 to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said column 1, come into force on the date specified in relation to each Schedule in the following table –
| Schedule 1 | 1st March 1989 |
|---|---|
| Schedule 2 | 1st May 1989 |
| Schedule 3 | 1st August 1989 |
| Schedule 4 | 1st September 1989 |
| Schedule 5 | 1st April 1990 |
| Schedule 6 | 1st August 1990 |
| Schedule 7 | 1st August 1991 |
SCHEDULE 1 — PROVISIONS COMING INTO FORCE ON 1ST MARCH 1989
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Paragraph 58 of Schedule 12 and section 237(1) so far as it relates thereto. | Amendment to section 80 of the Education Act 1944 (registration of pupils at schools). |
| Section 12 (except in relation to ILEA county schools). | Determination by advisory councils of the cases in which the requirement for Christian collective worship is not to apply. |
SCHEDULE 2 — PROVISION COMING INTO FORCE ON 1ST MAY 1989
| Provision of the Act | Subject matter of the provision |
|---|---|
| Section 115. | Power to determine times of school sessions etc. |
SCHEDULE 3 — PROVISIONS COMING INTO FORCE ON 1ST AUGUST 1989
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Section 5. | Courses leading to external qualifications. |
| Section 10(2) and (3) (the latter subsection only in relation to pupils at schools in England in the first, second or third key stage who do not have a statement of special educational needs). | Duties with respect to certain requirements. |
| Section 16. | Development work and experiments. |
SCHEDULE 4 — PROVISION COMING INTO FORCE ON 1ST SEPTEMBER 1989
| Provision of the Act | Subject matter of the provision |
|---|---|
| Section 23(2) (except in relation to ILEA schools). | Complaints and enforcement. |
SCHEDULE 5 — PROVISIONS COMING INTO FORCE ON 1ST APRIL 1990
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Section 12 (to the extent not already in force). | Determination by advisory councils of the cases in which the requirement for Christian collective worship is not to apply. |
| Section 23(2) (to the extent not already in force). | Complaints and enforcement. |
SCHEDULE 6 — PROVISION COMING INTO FORCE ON 1ST AUGUST 1990
| Provision of the Act | Subject matter of the provision |
|---|---|
| Section 10(3) (in relation to pupils at schools in England in the first, second and third key stage who have a statement of special educational needs and, so far as regards the core subjects, in relation to pupils at such schools in the first year of the fourth key stage). | Duties with respect to certain requirements. |
SCHEDULE 7 — PROVISION COMING INTO FORCE ON 1ST AUGUST 1991
| Provision of the Act | Subject matter of the provision |
|---|---|
| Section 10(3) (so far as regards the core subjects, in relation to pupils at schools in England in the second year of the fourth key stage). | Duties with respect to certain requirements |
Signed
Kenneth Baker — Secretary of State for Education and Science — 6th February 1989
Explanatory note
(This note is not part of the Order)
This Order brings into force on 1st March 1989 section 12 of the 1988 Act, except in relation to county schools currently maintained by the Inner London Education Authority. That section relates to the determination by standing advisory councils on religious education of the cases in which the requirement for Christian collective worship is not to apply to a county school. Also brought into force on that date is paragraph 58 of Schedule 12 to the Act, which amends section 80 of the Education Act 1944 (registration of pupils at schools).
It brings into force on 1st May 1989 section 115 of the Act, which amends section 21 of the Education (No.2) Act 1986 to provide for the governing bodies of county, controlled and maintained special schools to determine (after consultation) the times of school sessions.
Section 5 of the Act, which provides for control over courses leading to external qualifications, is brought into force on 1st August 1989.
Also brought into force on that date is section 10(2) and, for pupils at schools in England in the first three key stages who do not have a statement of special educational needs, section 10(3); these provisions impose duties on local education authorities, governing bodies and head teachers with respect to the National Curriculum. Section 10(3) is brought into force on 1st August 1990 in relation to pupils at schools in England in the first three key stages who have a statement of special educational needs and, so far as regards the core subjects (that is to say, mathematics, English and science), for pupils at schools in England in the first year of the fourth key stage; and on 1st August 1991 so far as regards the core subjects for pupils at such schools in the second year of the fourth key stage.
The Order also brings into force on 1st August 1989 section 16, which relates to temporary disapplication or modification of the National Curriculum for development work and experiments.
It brings into force on 1st September 1989 (except for county and voluntary schools currently maintained by the Inner London Education Authority, and except for special schools so maintained which are not established in a hospital) section 23(2), which relates to complaints to the Secretary of State about unreasonable action and breaches of duty by local education authorities or governing bodies in to relation to the curriculum and religious worship.
Sections 12 and 23(2) are brought fully into force on 1st April 1990.
Footnotes
[^f00001]: 1988 c. 40.
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.