Commencement
713.Section 188(1) specifies the provisions which come into force on Royal Assent. These include sections 86 and 87 relating to food and drink on school premises; section 109, which relates to failure to secure school attendance (except subsection (8)); any provision of Part 8 so far as it confers power to make subordinate legislation; section 161 and Schedule 16 concerning the extension of the power to innovate; and certain general or interpretation provisions.
714.Section 188(2) specifies the provisions which come into force two months after Royal Assent. These include section 6 and Schedule 1 (functions of local education authorities in respect of recreation); section 52 (power of Assembly to make regulations about looked after children); section 58 (removal of requirement to issue code of practice under section 127 of the 1998 Act in relation to England); section 162 (power to repeal references to "local education authorities" and "children's services authorities"); section 168 (amending sections 496 and 497 of the 1996 Act to include governing bodies of maintained nursery schools); section 172 (offences relating to independent schools); section 174 (time limits relating to statements of special educational needs); section 177 (amending section 29 of the Leasehold Reform Act 1967); and sections 178 and 179 providing for a framework power for Wales.
715.All other provisions in the Act will come into force in accordance with a commencement order. Section 189 sets out the respective powers of the Secretary of State and the National Assembly for Wales in relation to the making of commencement orders.