Made | 18th November 2003 | ||
Coming into force | 19th November 2003 |
(2) In these Regulations references to sections and Schedules are references to, respectively, sections of and Schedules to the 2002 Act.
Financing of maintained schools
3.
Section 45A of the 1998 Act, which is inserted by section 41(1)[4], is to have effect in the period ending immediately before 1st April 2004 only for the purposes of the financing of schools in any financial year beginning on and after that date.
4.
The amendment made by section 41(2)[5] to section 45(2) of the 1998 Act is not to apply in relation to a school's budget share for any financial year beginning before 1st April 2004.
5.
Notwithstanding the coming into force of the repeal of section 46 of the 1998 Act and of the consequential amendments to sections 49(4) and 143 of that Act and to section 36 of the Learning and Skills Act 2000[6] (made by sections 41(3) and 215, and paragraphs 100(1) and (2), 113 and 125 of Schedule 21 and Part 3 of Schedule 22[7]) -
are not to have effect in relation to any financial year beginning before 1st April 2004.
Exclusions
6.
During the period beginning on 9th January 2004 and ending immediately before the beginning of the day on which section 52(11) comes into force in relation to Wales, references in section 52[8] to a maintained school are to have effect as if they were references to a maintained school as defined by section 20(7) of the 1998 Act.
7.
- (1) This paragraph applies where a pupil is excluded before 9th January 2004 by the head teacher of a maintained school or (as the case may be) the teacher in charge of a pupil referral unit.
(2) Notwithstanding the coming into force of -
the following provisions, namely -
are to continue to have effect, as appropriate, in relation to an exclusion to which paragraph (1) applies.
Independent schools
8.
- (1) Notwithstanding the coming into force of section 165[11], that section (except for subsections (1), (2), (12) and (13)) is not to apply until 1st January 2006 to any school which was provisionally registered pursuant to section 465(3) of the 1996 Act on 31st December 2003.
(2) Notwithstanding the repeal of provisions of sections 10(3), (4B), 11(5), 20(3), 21(4) of the School Inspection Act 1996[12] and provisions of paragraph 1 of Schedule 3 to that Act, where a contract has been awarded consequent on an invitation to tender under paragraph 2 of Schedule 3 to that Act before 1st January 2004 to inspect an independent school approved by the National Assembly for Wales under section 347(1) of the 1996 Act -
(3) Notwithstanding the coming into force of section 172[13], the substitution of section 463 of the 1996 Act is not to apply until 1 September 2004 in relation to a children's home within the meaning of section 1(6) of the Care Standards Act 2000[14] if an application for registration under section 13 of the Care Standards Act 2000 to carry on the children's home was granted before 1st January 2004.
Recoupment
9.
Notwithstanding the coming into force of the repeal of section 492 of the 1996 Act[15], during the period beginning on 9th January 2004 and ending immediately before the beginning of the day on which regulations made by the National Assembly for Wales under section 207 come into force, the Education (Inter-authority Recoupment) Regulations 1994[16] are to continue to have effect in relation to Wales as though they were made by the National Assembly under section 207 and as though there were substituted for the words "the Secretary of State" in regulation 3(2)(b) the words "the National Assembly for Wales".
Amendment of the Education (Infant Class Sizes) (Wales) Regulations 1998
10.
- (1) The Education (Infant Class Sizes) (Wales) Regulations 1998[17] are amended as follows.
(2) In regulation 2(1) omit the definition of "qualified teacher" and insert after the definition of "school" the following definition -
(3) In regulation 3(2) and (3) substitute for the words "qualified teacher" the words "school teacher".
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[19]
D. Elis-Thomas
The Presiding Officer of the National Assembly
18th November 2003
[4] Section 41(1) is to come into force on 4th December 2003 by virtue of S.I. 2003/2961 (W.278) (C.108).back
[5] Section 41(2) is modified by regulation 4 of the Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002, S.I. 2002/3184 (W.300). It is to come into force on 4th December 2003 by virtue of S.I. 2003/2961 (W.278) (C.108).back
[7] Sections 41(3) and 215 (in part), and paragraphs 100(1), (2), 113 (in part) and 125 of Schedule 21 and Part 3 of Schedule 22 (in part) are to come into force on 4th December 2003 by virtue of S.I. 2003/2961 (W.278) (C.108).back
[8] Section 52 is to come into force in part on 9th January 2004 by virtue of S.I. 2003/2961 (W.278) (C.108).back
[9] Sections 64 to 68 of, and Schedule 18 to, the 1998 Act are to be repealed by section 215 of, and Schedule 22 to, the 2002 Act, on 9th January 2004 (see S.I. 2003/2961 (W.278) (C.108).back
[10] S.I. 2003/287 (W.39).back
[11] Section 165 is to come into force on 1st January 2004 by virtue of S.I. 2003/2961 (W.278) (C.108).back
[12] 1996 c.57. Sections 10(3), (4B), 11(5), 20(3), 21(4), and paragraph 1 of Schedule 3 are to be repealed in part by section 215(2) of, and Part 3 of Schedule 22 to, the 2002 Act, on 1st January 2004 (see S.I. 2003/2003/2961 (W.278) (C.108)).back
[13] Section 172 is to come into force on 1st January 2004 (see S.I. 2003/2961 (W.278) (C.108).back
[15] Section 492 of the 1996 Act is to be repealed by section 215 of, and Schedule 22 to, the 2002 Act, on 9th January 2004 (see S.I. 2003/2961 (W.278) (C.108).back
[18] Section 4 of the 1998 Act is amended by section 215(1) of, and paragraph 88 of Schedule 21 to, the 2002 Act.back
© Crown copyright 2003 | Prepared 25 November 2003 |