Introduction

  1. The Education Act 2011 (“the Act”) was granted Royal Assent on 15 November 2011.
  2. On that day a number of provisions in the Act came into force (see section 82(1)). These provisions are:
    1. section 33 – repeal of duty to prepare and publish school profile;
    2. section 40(1) to (3) and (5) to (9) – school inspections: exempt schools;
    3. section 41 – school inspections: matters to be covered in Chief Inspector’s report;
    4. section 42(1) to (7) and (9) to (11) – inspection of further education institutions: exempt institutions;
    5. section 58 – academy orders: local authority powers;
    6. section 75 – direct payments: pilot scheme for persons with special educational needs to subject to learning difficulty assessment;
    7. section 76 – student loans: interest rates;
    8. section 77 – limit on student fees: part-time courses; and
    9. the whole of Part 10 – general provisions covering order-making procedures, interpretation etc.
  3. A number of provisions came into force two months after Royal Assent, that is on 15 January 2012 (see section 82(2)). These provisions are:
    1. section 6 – repeal of duty to enter into behaviour and attendance partnerships;
    2. sections 30 and 31 – repeal of diploma entitlements for 16 to 18 year olds and for fourth key stage;
    3. section 47 – minor changes to payments in respect of dismissal;
    4. section 48 – minor change to determination of permitted charges; and
    5. Section 61 – charges at boarding academies.
  4. As for the remaining provisions in the Act, these come into force on such day as the Secretary of State may appoint in a commencement order (see section 82(3)). So far four commencement orders have been made.

The first commencement order

  1. This order, the Education Act 2011 (Commencement No. 1) Order 2011, SI 2011/2750, was made on 16 November 2011. It brought into force on 17 November 2011 section 44 (schools causing concern: powers of Secretary of State).

The second commencement order

  1. This order, the Education Act 2011 (Commencement No. 2 and Transitional and Savings Provisions) Order 2012, SI 2012/84, was made on 12 January 2012. It brought some provisions of the Act into force on 15 January 2012, and others on 1 February 2012.
  2. The following provisions came into force on 15 January 2012:
    1. section 5 - repeal of requirement to give notice of detention;
    2. section 51 - repeal of change of name of pupil referral units; and
    3. section 26 and Schedule 8 (for certain purposes) – abolition of QCDA: consequential amendments.
  3. The following provisions came into force on 1 February 2012:
    1. section 18 – abolition of SSSNB;
    2. section 19 - staffing of maintained schools: suspension of delegated budget;
    3. section 20 – requirement for schools to participate in international surveys;
    4. section 22 – the qualifications standards objective;
    5. section 28(5) – education and training support services in England;
    6. section 29 (1), (2) and (8) for the purposes of making regulations under section 46 EA 1997 – careers guidance in schools in England;
    7. section 32 – duty to prepare and publish school profile;
    8. section 34 and Schedule 10 – duties in relation to school admissions;
    9. section 35 – duties in relation to school meals etc ;
    10. section 36 – objections to admission arrangements;
    11. section 37 and Schedule 11 – establishment of new schools;
    12. section 40(4) – schools inspections: exempt schools;
    13. section 42(8) – inspection of FEIs: exempt institutions;
    14. section 43 – inspection of boarding accommodation;
    15. section 46 – local authorities’ financial schemes;
    16. part 6 (academies) except for section 54 and Schedule 13 (on 16-19 and alternative provision academies) and section 57 (academy conversions: federated schools). Section 53 is commenced only for the purposes of applying for and making academy orders in respect of alternative provision academies under sections 3 and 4 of the Academies Act 2010); and
    17. section 74 – commencement of duty to participate in education or training.
  4. The order also makes transitional and savings provisions in relation to section 37 and Schedule 11 (establishment of new schools) and Schedule 14 (academies – land).

The third commencement order

  1. This order, the Education Act 2011 (Commencement No. 3 and Transitional and Savings Provisions) Order 2012, SI 2012/924, was made on 22 March 2012. It brought some provisions of the Act into force on 1 April 2012, and others on 1 May 2012.
  2. The following provisions came into force on 1 April 2012:
    1. section 2 – power of members of staff at schools to search pupils;
    2. section 3 – power of members of staff at further education institutions to search students;
    3. sections 7 to 12 and Schedules 2 and 3 – abolition of the General Teaching Council for England;
    4. sections 14 to 17 and Schedules 5 and 6 – abolition of the Training and Development Agency for Schools;
    5. section 21 and Schedule 7 – the Chief Regulator of Qualifications and Examinations;
    6.      sections 25 to 27 and Schedule 8 (fully) and Schedule 9 - abolition of the Qualifications and Curriculum Development Agency;
    7. section 49 and Schedule 12 - further education institutions: amendments;
    8. section 53 (fully) - academy arrangements: post-16 education and alternative provision;
    9.      section 54 and Schedule 13 (except for paragraph 17(2)) - consequential amendments: 16 to 19 academies and alternative provision academies;
    10. section 57 - academy conversions: federated schools;
    11. sections 66 to 68 and Schedules 16 and 17 - abolition of the Young People’s Learning Agency for England; 
    12. section 71 - apprenticeship certificates;
    13. section 72 - consultation by the Chief Executive of Skills Funding; and   
    14. section 73(3) - functions of the Chief Executive of Skills Funding.
  3. The following provisions came into force on 1 May 2012:
    1. section 23 – Ofqual enforcement powers; and
    2. section 24 – enforcement powers of Welsh ministers.
  4. The order also makes transitional and savings provisions in relation to the Chief Regulator of Qualifications and Examinations, and section 49 and Schedule 12 (further education institutions: amendments).

The fourth commencement order

  1. This order, the Education Act 2011 (Commencement No. 4 and Transitional and Savings Provisions) Order 2012, SI 2012/1087, was made on 12 April 2012. It brought some provisions of the Act into force on 1 August 2012, and will bring others into force on 1 September 2012.
  2. The following provisions came into force on 1 August 2012:
    1. section 45 – complaints: repeal of power to complain to Local Commissioner; and
    2. section 73 (partially) – functions of the Chief Executive of Skills Funding.
  3. The following provisions will come into force on 1 September 2012:
    1. section 1(1), 1(2) (for the purposes only of making regulations under new section 7 of the Childcare Act 2006 as substituted by section 1(2)) and 1(3) – free of charge early years provision;
    2. section 4 and Schedule 1 – exclusion of pupils from schools in England: review;
    3. section 28 (fully) – education and training support services in England;
    4. section 29 (fully) – careers guidance in schools in England;
    5. section 38 – constitution of governing bodies: maintained schools in England;
    6.       section 39 – discontinuance of federated school: governing body not to be dissolved;
    7. section 50 (but not in respect of any funding period before 1 April 2013) – financing of pupil referral units;
    8. section 69 and Schedule 18 – the apprenticeship offer; and
    9. section 70 – securing the provision of apprenticeship training.
  4. The order also makes transitional and savings provisions in relation to section 4 (exclusion of pupils from schools in England: review), section 38 (constitution of governing bodies: maintained schools in England) and section 45 (complaints: repeal of power to complain to Local Commissioner).

Remaining provisions

  1. The current plan is that the remaining provisions will be commenced by a further commencement order to be made later this year. Further information will be provided in coming months.

The Act and the orders

  1. The Act and all the commencement orders can be found on the UK Legislation website at www.legislation.gov.uk.