The Education and Skills Act 2008 (Commencement No. 7 and Transitory Provisions) Order 2010

Made: 7th December 2010

The Secretary of State for Education makes the following Order in exercise of the powers conferred by section 173(4) and (8) of the Education and Skills Act 2008[^f00001]:

Citation and interpretation

1

• (1) This Order may be cited as the Education and Skills Act 2008 (Commencement No. 7 and Transitory Provisions) Order 2010.

• (2) In this Order—

• “the 2002 Act” means the Education Act 2002[^f00002]; and

• “the 2008 Act” means the Education and Skills Act 2008.

Provisions coming into force on 1st January 2011

2

The following provisions of the 2008 Act come into force on 1st January 2011—

• (a) section 98 (applications for registration) so far as not already in force;

• (b) section 99 (determination of applications for registration) so far as not already in force;

• (c) section 123 (provision of information by proprietors) so far as not already in force;

• (d) section 124 (appeal by proprietor against decision of Secretary of State to deregister), for the purposes of appeals to the Tribunal against a decision of the Secretary of State to remove an institution from the register by virtue of section 123;

• (e) section 138(1) (interpretation of Chapter 1 of Part 4) so far as not already in force and so far as necessary for the interpretation of provisions brought into force by this article or made under such provisions.

Transitory provisions in connection with the commencement of sections 98, 99, 123 and 124 of the 2008 Act

3

• (1) Until the coming into force of section 95(1) of the 2008 Act (register of independent educational institutions for England) for all purposes, the provisions of the 2008 Act referred to in paragraphs (2) and (3) have effect subject to the modifications set out in those paragraphs.

• (2) Sections 98(1), 99(3) and (5)(b), 123(1) and (5) and 124(1) of the 2008 Act have effect as if references in each of them to a proprietor of a registered independent educational institution were references to a proprietor of an independent school entered in the register referred to in section 158(1)(a) of the 2002 Act.

• (3) Section 138(1) of the 2008 Act has effect as if the reference in the definition of “the register” to the register of independent educational institutions in England kept by the Secretary of State under section 95 of the 2008 Act were a reference to the register of independent schools in England referred to in section 158(1)(a) of the 2002 Act.

Signed

Nick Gibb — Minister of State — Department for Education — 7th December 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the seventh commencement order made under the Education and Skills Act 2008 (“the 2008 Act”).

Article 2 brings into force on 1st January 2011 the following provisions of Chapter 1 of Part 4 of the 2008 Act (regulation and inspection of independent educational provision in England) for the purposes set out in article 2—

• (a) section 98 (applications for registration of an independent educational institution in England) and section 99 (determinations of such applications);

• (b) section 123 (provision of information by proprietors of such institutions) and section 124 (appeals against decisions made by the Secretary of State to deregister such an institution for failing to provide information); and

• (c) section 138(1) (interpretation).

Article 3 contains transitory provisions which will have effect until section 95(1) of the 2008 Act (register of independent educational institutions) is brought into force for all purposes. Until that time the definition of “the register” in section 138(1) of the 2008 Act is modified to refer to the register of independent schools referred to in section 158(1)(a) of the Education Act 2002. References in sections 98, 99, 123 and 124 of the 2008 Act to the proprietor of a registered independent educational institution are modified to refer to the proprietor of a registered independent school.

Footnotes

[^f00001]: 2008 c. 25.

[^f00002]: 2002 c. 32.