
1 

(1) This Order may be cited as the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004 (Commencement No. 2 and Transitional Provisions) Order 2005.
(2) In this Order–
(a) “the Act” means the School Education (Ministerial Powers and Independent Schools) (Scotland) Act 2004; and
(b) “the 1980 Act” means the Education (Scotland) Act 1980.
2 
Subject to article 3(2), the appointed day for the coming into force of the following provisions of the Act is 31st December 2005–
(a) Part 2;
(b) Part 3 (so far as not already in force);
(c) schedule 1 (so far as not already in force); and
(d) schedule 2.
3 

(1) Where, immediately before 31st December 2005, the registration of an independent school is provisional only under the 1980 Act, that school’s registration shall be treated for all purposes as if an application for registration in respect of it had been granted on that date under section 98A(3) of the 1980 Act.
(2) In respect of any provider of full-time education to pupils of school age who, immediately before 31st December 2005, is neither registered nor provisionally registered as an independent school, and who is providing such education to fewer than five pupils, the provisions commenced by this Order shall not apply until 30th June 2006.
ROBERT E BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
10th November 2005