2014 No. 178 (W. 26) (C. 5)

Education, Wales

The School Standards and Organisation (Wales) Act 2013 (Commencement No. 4 and Savings Provisions) Order 2014

Made

The Welsh Ministers, in exercise of the powers conferred upon them by sections 97 and 100 of the School Standards and Organisation (Wales) Act 20131 make the following Order:

Title and interpretation1

1

The title of this Order is the School Standards and Organisation (Wales) Act 2013 (Commencement No.4 and Savings Provisions) Order 2014.

2

In this Order, “the 2013 Act” (“Deddf 2013”) means the School Standards and Organisation (Wales) Act 2013.

Provisions coming into force on 20 February 20142

Subject to article 3, the appointed day for the following provisions of the 2013 Act coming into force is 20 February 2014—

a

Chapter 1 of Part 2 (intervention in conduct of maintained schools);

b

Chapter 2 of Part 2 (intervention in local authorities);

c

section 96 (repeal of provision for code of practice for local authority school relations);

d

section 99 (minor and consequential amendments) in so far as it relates to the amendments made by Part 1 of Schedule 5;

e

Schedule 1 (governing bodies consisting of interim executive members);

f

Part 1 of Schedule 5 (minor and consequential amendments relating to Part 2 of the 2013 Act); and

g

paragraphs 32 and 34(2) of Part 3 of Schedule 5 (repeal of section 58 of the Education and Inspections Act 2006).

Savings in relation to sections 496 to 497A of the Education Act 19963

1

The coming into force of any of the provisions set out in article 2 does not affect any act done, any declaration or any direction under, or in relation to the exercise of the Welsh Ministers’ powers in sections 496 to 497A of the Education Act 19962 and those sections continue to apply as if the provisions set out in article 2 had not been made.

2

Where the Welsh Ministers have issued a direction in exercise of their powers in sections 496 to 497A of the Education Act 1996 (“the direction powers”) before any of the provisions set out in article 2 come into force and they are satisfied that a further direction should be issued in relation to the same matters in exercise of the direction powers those sections continue to apply as if the provisions set out in article 2 had not been made.

Huw LewisMinister for Education and Skills, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Order)

This is the fourth commencement order made by the Welsh Ministers under the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”). This Order brings into force on 20 February 2014 the following provisions of the 2013 Act:

a

Chapter 1 of Part 2 (intervention in conduct of maintained schools);

b

Chapter 2 of Part 2 (intervention in local authorities);

c

section 96 (repeal of provision for code of practice for local authority school relations);

d

section 99 (minor and consequential amendments) in so far as it relates to the amendments made by Part 1 of Schedule 5;

e

Schedule 1 (governing bodies consisting of interim executive members);

f

Part 1 of Schedule 5 (minor and consequential amendments relating to Part 2 of the 2013 Act); and

g

paragraphs 32 and 34(2) of Part 3 of Schedule 5 (repeal of section 58 of the Education and Inspections Act 2006).

Article 3 of this Order provides that any act, declaration or direction that the Welsh Ministers have made under or relating to their powers in sections 496 to 497A of the Education Act 1996 (“the 1996 Act”) continue to apply. It also provides that a further direction, in relation to the same matters, may also be made under sections 496 to 497A of the 1996 Act.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I. Number

Sections 38, 39, 97 and 98

26 April 2013 insofar as those provisions relate to the making and laying of the School Organisation Code

S.I. 2013/1000

(W.105)

Sections 38 and 39

1 October 2013

fully

S.I. 2013/1800

(W.182)

Chapter 2 of Part 3

1 October 2013

S.I. 2013/1800

(W.182)

Chapter 3 of Part 3

1 October 2013

S.I. 2013/1800

(W.182)

Chapter 4 of Part 3

1 October 2013

S.I. 2013/1800

(W.182)

Chapter 5 of Part 3

1 October 2013

S.I. 2013/1800

(W.182)

Chapter 6 of Part 3

1 October 2013

S.I. 2013/1800

(W.182)

Part 4

2 December 2013

S.I. 2013/3024

(W.299)

Sections 97 and 98

4 May 2013 fully

S.I. 2013/1000

(W.105)

Section 99

1 October 2013

in so far as it relates to the amendments made by Part 2 of Schedule 5

S.I. 2013/1800

(W.182)

Schedule 2

1 October 2013

S.I. 2013/1800

(W.182)

Schedule 3

1 October 2013

S.I. 2013/1800

(W.182)

Paragraphs 1 to 7 and paragraphs 9 to 39 of Schedule 4

1 October 2013

S.I. 2013/1800

(W.182)

Part 2 of Schedule 5

1 October 2013

S.I. 2013/1800

(W.182)