Law

Education Reform Act 1988

United Kingdom · statute

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In force since 2026-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 272 provisions
  1. Title and introductory text
  2. 1 Duties with respect to the curriculum.
  3. 2 The National Curriculum.
  4. 3 Foundation subjects and key stages.
  5. 4 Duty to establish the National Curriculum by order.
  6. 5 Courses leading to external qualifications.
  7. 6 Collective worship.
  8. 7 Special provisions as to collective worship in county schools.
  9. 8 Religious education required in the basic curriculum: further provisions.
  10. 9 Exceptions, special arrangements and supplementary and consequential provisions.
  11. 10 Duties with respect to certain requirements.
  12. 11 Standing advisory councils on religious education.
  13. 12 Determination by advisory councils of the cases in which the requirement for Christian collective worship is not to apply.
  14. 12A Power of Secretary of State to direct advisory council to revoke determination or discharge duty.
  15. 13 Advisory councils: supplementary provisions.
  16. 14 Establishment of Councils.
  17. 15 Transfers of property and staff to Councils.
  18. 16 Development work and experiments.
  19. 17 Exceptions by regulations.
  20. 17A Exemption from sex education.
  21. 18 Pupils with statements of special educational needs.
  22. 19 Temporary exceptions for individual pupils.
  23. 20 Procedure for making certain orders: England.
  24. 21 Procedure for making certain orders: Wales.
  25. 22 Provision of information.
  26. 23 Complaints and enforcement.
  27. 24 Extension of certain provisions.
  28. 25 Interpretation of Chapter I.
  29. 26 Admissions to county and voluntary schools.
  30. 27 Standard numbers for admissions.
  31. 28 Procedure for reduction of standard number.
  32. 29 Special provisions in relation to admissions to primary schools.
  33. 30 Special arrangements in respect of admissions to aided or special agreement schools.
  34. 31 Consequential provisions.
  35. 32 Interpretation of Chapter II.
  36. 33 Schemes for financing county and voluntary schools.
  37. 34 Preparation and imposition of schemes.
  38. 35 Revision of schemes.
  39. 36 Delegation to governing body of management of school’s budget share.
  40. 37 Withdrawal of delegation.
  41. 38 Schemes: determination of budget shares.
  42. 39 Schemes: provision for financial delegation.
  43. 40 Initial implementation of delegation requirements under schemes.
  44. 41 Extension of delegation requirement under schemes in the case of primary schools.
  45. 42 Publication of schemes and financial statements, etc.
  46. 42A Certification of statements by Audit Commission.
  47. 43 Application of schemes to special schools.
  48. 44 Staff employed by the local education authority.
  49. 45 Staff at aided schools.
  50. 46 Staff: further provisions.
  51. 47 Community Schools.
  52. 48 New schools.
  53. 49 Required financial delegation apart from schemes.
  54. 50 Financial statements in respect of schools not covered by statements under section 42.
  55. 51 Interpretation of Chapter III and supplementary and consequential provisions.
  56. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  57. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  58. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  59. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  60. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  61. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  62. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  63. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  64. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  65. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  66. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  67. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  68. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  69. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  72. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  74. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  77. 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  78. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  79. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  80. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  81. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  82. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  83. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  84. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  85. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  86. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  87. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  89. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  90. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  91. 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  92. 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  93. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  94. 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  95. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  96. 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  97. 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  98. 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  99. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  100. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  101. 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  102. 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  103. 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  104. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  105. 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  106. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  107. 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  108. 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  109. 105 Agreements for establishment, etc., of city technology colleges and city colleges for the technology of the arts.
  110. 106 Prohibition of charges, etc., in maintained schools.
  111. 107 Provision for cases where education is provided partly during and partly outside school hours.
  112. 108 Recovery of wasted examination fees.
  113. 109 Permitted charges.
  114. 110 Charges and remissions policies.
  115. 111 Charges for board and lodging at boarding schools.
  116. 112 Extension of powers as to trusts for religious education.
  117. 113 Schemes under the Endowed Schools Acts.
  118. 114 Extension of power to require local education authority to defray expenses of establishing controlled school.
  119. 115 Power to determine times of school sessions, etc.
  120. 116 Provision for delegation of functions by governing bodies of county, voluntary and maintained special schools.
  121. 117 Obligation to enter pupils for prescribed public examinations.
  122. 118 General and supplementary provisions relating to charges.
  123. 119 Interpretation of Part I.
  124. 120
  125. 121 Initial incorporation of higher education institutions maintained by local authorities.
  126. 122 Orders incorporating higher education institutions maintained by local authorities in Wales.
  127. 122ZA Orders for further education corporations in England to become higher education corporations
  128. 122A Orders transferring further education corporations in Wales to higher education sector.
  129. 123 Provisions supplementary to sections 121 to 122A.
  130. 123A Principal powers of a higher education corporation in England
  131. 123B Supplementary powers of a higher education corporation in England
  132. 124 Powers of a higher education corporation in Wales.
  133. 124ZA Instrument of government of higher education corporations in England
  134. 124ZB Proceedings etc. of higher education corporations in England
  135. 124A Constitution and conduct of higher education corporations in Wales.
  136. 124B Accounts.
  137. 124C Initial and transitional arrangements : Wales.
  138. 124D Exercise of Powers by Privy Council.
  139. 124E Articles of government: higher education corporations in England
  140. 125 Articles of government : higher education corporations in Wales.
  141. 125A Charitable status of a higher education corporation.
  142. 126 Transfer of property, etc., to higher education corporations.
  143. 127 Transfer of staff to higher education corporations.
  144. 128 Dissolution of higher education corporations in Wales.
  145. 127A Dissolution of higher education corporations in England
  146. 129 Designation of institutions.
  147. 129A Government and conduct of designated institutions.
  148. 129B Designated institutions conducted by companies.
  149. 130 Transfer of property, etc., to certain designated institutions.
  150. 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  151. 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  152. 133 Payments ...in respect of persons employed in the provision of higher or further education.
  153. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  154. 135 Inspection of accounts.
  155. 136 Transfer to Polytechnics and Colleges Funding Council of property and staff of NAB.
  156. 137 Control of disposals of land.
  157. 138 Construction of references to land held for the purposes of an institution.
  158. 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  159. 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  160. 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  161. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  162. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  163. 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  164. 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  165. 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  166. 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  167. 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  168. 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  169. 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  170. 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  171. 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  172. 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  173. 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  174. 155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  175. 156 Government and conduct of certain further and higher education institutions.
  176. 157 Variation of trust deeds, etc.
  177. 158 Reports and returns to Secretary of State.
  178. 159 Information with respect to educational provision in institutions providing further or higher education.
  179. 160 Adjustments of block grant in respect of expenditure on advanced further education.
  180. 161 Interpretation of Part II.
  181. 162 Abolition of ILEA.
  182. 163 New local education authorities for areas in inner London.
  183. 164 Extension of functions of London Residuary Body.
  184. 165 Development plans for education.
  185. 166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  186. 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  187. 168 Transfers of property, rights and liabilities.
  188. 169 Approval of management structure and senior appointments in initial period.
  189. 170 Establishment and functions of staff commission.
  190. 171 Remuneration of employees.
  191. 172 Power to transfer staff.
  192. 173 Compensation for loss of employment or loss or diminution of emoluments.
  193. 174 Continuity of employment in certain cases of voluntary transfer.
  194. 175 Offers of employment by inner London councils.
  195. 176 Provision of services and facilities by London Residuary Body.
  196. 177 Repayment by London Residuary Body of loans to ILEA.
  197. 178 Liability of London Residuary Body for redundancy and compensation payments.
  198. 179 Payment of pensions and pensions increase by London Residuary Body.
  199. 180 Custody of residuary property, etc.
  200. 181 Power of London Residuary Body to pay compensation.
  201. 182 Preparation of ILEA’s final accounts.
  202. 183 Directions of Secretary of State.
  203. 184 Preparatory expenditure of inner London councils.
  204. 185 London Residuary Body: financial provisions.
  205. 186 Transitional functions of London Residuary Body in respect of block grant.
  206. 187 Winding-up of London Residuary Body.
  207. 188 Control of contracts.
  208. 189 Control of disposals.
  209. 190 Wrongful contracts or disposals.
  210. 191 Penalties for contravention of section 188 or 189.
  211. 192 Charities.
  212. 193 Information and access to documents.
  213. 194 Concurrent employment.
  214. 195 Continuity of exercise of functions.
  215. 196 Interpretation of Part III.
  216. 197 Education Assets Board.
  217. 198 Transfers under Parts I and II.
  218. 199 Loan liabilities excepted from transfer under Part II.
  219. 200 Grant-maintained schools: school property.
  220. 201 Wrongful disposals.
  221. 202 The University Commissioners.
  222. 203 Duty of Commissioners.
  223. 204 Powers of Commissioners.
  224. 205 Procedure for exercise of Commissioners’ powers.
  225. 206 Exclusion of visitor’s jurisdiction.
  226. 207 Power to make incidental, etc., provisions by Order in Council.
  227. 208 Corresponding provision for Northern Ireland.
  228. 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  229. 210 Grants for the education of travellers and displaced persons.
  230. 211 Grants in respect of special provision for immigrants
  231. 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  232. 213 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  233. 214 Unrecognised degrees.
  234. 215 Unrecognised degrees: enforcement.
  235. 216 Identification of bodies granting or providing courses for recognised awards etc.
  236. 217 Unrecognised degrees: Northern Ireland and Channel Islands.
  237. 218 School and further and higher education regulations.
  238. 218A Regulations under section 218(6): further provision.
  239. 219 Powers of the Secretary of State in relation to certain educational institutions.
  240. 220 Extension of functions of Audit Commission.
  241. 221 Avoidance of certain contractual terms.
  242. 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  243. 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  244. 224 Superannuation for staff of Further Education Unit.
  245. 225 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  246. 226 Services for schools in other member States providing education for British children.
  247. 227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  248. 228 Transfer of property to grant-aided institutions in Wales.
  249. 229 Power to make different provision for Wales in regulations under the 1944 and 1967 Acts.
  250. 230 Stamp duty.
  251. 231 Power to make incidental, consequential, transitional and supplementary provisions.
  252. 232 Orders and regulations.
  253. 233 Expenses.
  254. 234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  255. 235 General interpretation.
  256. 236 Commencement.
  257. 237 Amendments and repeals.
  258. 238 Citation, extent etc.
  259. SCHEDULE 1
  260. SCHEDULE 2
  261. SCHEDULE 3
  262. SCHEDULE 4
  263. SCHEDULE 5 Transition to Grant-Maintained Status
  264. SCHEDULE 6 Courses of Higher Education
  265. SCHEDULE 7 Higher education corporations in Wales established before the appointed day
  266. SCHEDULE 7A Higher education corporations in Wales established on or after the appointed day: instruments of government made by Privy Council
  267. SCHEDULE 8 The Funding Councils and the Assets Board
  268. SCHEDULE 9 Determination of Full-time Equivalent Enrolment Numbers
  269. SCHEDULE 10 Supplementary Provisions with respect to Transfers
  270. SCHEDULE 11 The University Commissioners
  271. SCHEDULE 12 Minor and Consequential Amendments
  272. SCHEDULE 13 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

272 provisions

182 Preparation of ILEA’s final accounts.

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183 Directions of Secretary of State.

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184 Preparatory expenditure of inner London councils.

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185 London Residuary Body: financial provisions.

(1) The London Residuary Body may in respect of any financial year beginning on or after the abolition date make levies on the rating authorities in inner London to meet all liabilities falling by virtue of this Part to be discharged by it for which provision is not otherwise made. (2) The amount to be levied by that body in respect of any financial year from each such authority shall be determined by apportioning the total amount to be levied by that body under this section in respect of that year between those authorities in proportion to the population of their respective areas. (3) For the purposes of subsection (2) above the population of any area shall be taken to be— (a) in relation to any financial year in respect of which the London Residuary Body makes any levy under section 74 of the 1985 Act, the number applicable by virtue of subsection (2) of that section; and (b) in relation to any other financial year, the number estimated by the Registrar General and certified by him to the Secretary of State by reference to such date as the Secretary of State may from time to time direct. (4) In section 74 of the 1985 Act, as it applies in relation to the London Residuary Body— (a) subsection (1) shall not apply in relation to liabilities of that body to which subsection (1) above applies; and (b) the reference in subsection (2) to the total amount to be levied by that body in respect of any financial year shall not include any amount to be so levied by virtue of this section; but subsections (3) to (5) of that section (procedure for the levy and application of enactments relating to precepts and rates) shall apply in relation to a levy under this section as they apply in relation to a levy under that section. (5) A demand issued under subsection (3) of that section to a rating authority in inner London relating to a payment or payments in respect of a levy under that section may relate also to a payment or payments in respect of a levy under this section, but if it does so shall state separately the payment or payments required in respect of each levy. (6) Without prejudice to the borrowing powers of the London Residuary Body by virtue of section 75 of the 1985 Act but subject to subsection (7) below, that body may borrow by way of temporary loan or overdraft from a bank or otherwise any sums which it may require for the purpose of defraying any expenses incurred by it before the abolition date which are attributable to any provision made by or under this Part. (7) The sums borrowed by that body under subsection (6) above— (a) shall not exceed such amount as the Secretary of State may determine; and (b) shall be repaid before the end of the financial year beginning with the abolition date. (8) Section 77 of the 1985 Act (treatment and distribution of capital and other money) shall apply in relation to capital money received by the London Residuary Body of any description specified for the purposes of this section by an order made by the Secretary of State as if— (a) subsection (2) were omitted and any reference to an authority or authorities to which subsection (1) of that section applies were a reference to a charging authority or (as the case may be) the charging authorities in inner London; and (b) the references in subsection (4) of that section to the area for which that body is established and to a levy were respectively references to inner London and to a levy under this section. (9) Except as provided by subsection (8) above section 77 shall not apply in relation to capital money of a description within that subsection. (10) The Secretary of State may by order provide, in relation to capital money received by the London Residuary Body of any description not within subsection (8) above, for the application of that money, or of such part of that money as may be specified in the order, for such purposes connected with the abolition of ILEA as may be so specified. (11) In this section— (a) references to inner London are references to the area comprising the areas of all the inner London councils; and (b) “capital money” has the same meaning as in section 77 of the 1985 Act.

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186 Transitional functions of London Residuary Body in respect of block grant.

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187 Winding-up of London Residuary Body.

(1) Except as respects any of its functions under this Part for the discharge of which provision will be or is likely to be required after the end of the period of three years beginning with the abolition date, it shall be the duty of the London Residuary Body to use its best endeavours to secure that its work under this Part is completed as soon as practicable and in any event before the end of that period. (2) As respects— (a) any such functions; and (b) any property, rights and liabilities transferred to it, or held, acquired or incurred by it by virtue of, or in the exercise of any of its functions under, this Part; that body shall if it considers it appropriate to do so make such arrangements as are practicable for their transfer to a local authority or to some other body or bodies or submit proposals to the Secretary of State for effecting such transfers by orders made by him for the purpose. (3) Any such arrangements or proposals shall be made or (as the case may be) submitted, so far as practicable, before the end of the period of two years beginning with the abolition date. (4) Not later than the end of that period of two years, the London Residuary Body shall submit to the Secretary of State a scheme for the winding up of that body and the disposal of its remaining functions, property, rights and liabilities so far as not dealt with in pursuance of subsection (2) above. (5) The Secretary of State may by order provide— (a) for any such transfer or disposal as is mentioned in subsection (2) above; and (b) for giving effect (with or without modifications) to any scheme submitted to him under subsection (4) above. (6) The power under subsection (5)(a) above applies irrespective of whether or not the London Residuary Body has submitted proposals with respect to the transfer or disposal in question and, if it has, whether the provision made is in accordance with those proposals or not. (7) Without prejudice to the generality of the power under subsection (5) above and to section 232(5) of this Act, the provision that may be made by an order under subsection (5) above includes provision— (a) amending any enactment or any instrument made under an enactment; or (b) establishing new bodies corporate to receive any functions, property, rights or liabilities transferred by the order.

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188 Control of contracts.

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189 Control of disposals.

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190 Wrongful contracts or disposals.

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191 Penalties for contravention of section 188 or 189.

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192 Charities.

(1) Where immediately before the abolition date— (a) any property is held exclusively for charitable purposes by ILEA as sole trustee; and (b) the charity is primarily for the benefit of the area of a single inner London council; that property shall on that date vest for the like purposes in that council. (2) Where immediately before that date any power with respect to any such charity as is mentioned in subsection (1)(b) above was under the trusts of the charity vested in, or in the holder of any office connected with, ILEA, that power shall on that date vest in, or in the holder of the corresponding office connected with, the inner London council concerned. (3) Where in the case of any such power vested in the holder of any office connected with ILEA there is no corresponding office connected with the inner London council concerned, that power shall on that date vest in the holder of such other office connected with that council as the Charity Commissioners may with the consent of that council and the office-holder concerned appoint. (4) Where immediately before that date— (a) any property is held exclusively for charitable purposes by ILEA as sole trustee; and (b) subsection (1) above does not apply to that property; that property shall on that date vest for the like purposes in the London Residuary Body or in such other person as the Charity Commissioners may appoint. (5) Where immediately before that date any power with respect to any charity, other than any such charity as is mentioned in subsection (1)(b) above, was under the trusts of the charity vested in, or in the holder of any office connected with, ILEA, that power shall on that date vest in the London Residuary Body or in such other person as the Charity Commissioners may appoint. (6) References above in this section to a power with respect to a charity shall not include references to any power of any person by virtue of being a charity trustee of that charity; but where under the trusts of any charity the charity trustees immediately before the abolition date included ILEA or the holder of an office connected with ILEA then, as from that date, those trustees shall instead include— (a) such of the inner London councils; (b) the holder of such office connected with such of those councils; or (c) such other person; as the Charity Commissioners may appoint. (7) If in any case an appointment is not made by the Charity Commissioners for the purposes of any of subsections (3) to (6) above before the abolition date, the London Residuary Body shall be treated as having been so appointed pending the making of such an appointment by those Commissioners; but an appointment made by those Commissioners after the abolition date must be made before the end of the period of two years beginning with that date. (8) References in subsections (2), (5) and (6) above to a charity shall not include a charity which is a company as defined in section 1(1) of the Companies Act 2006 or incorporated by charter. (9) For the purposes of this section, a charity is a charity primarily for the benefit of the area of a single inner London council if the charity is established for purposes which are by their nature or by the trusts of the charity directed wholly or mainly to the benefit of an area which falls wholly or mainly within that council’s area. (10) Nothing in this section shall affect the power of Her Majesty, the court or any other person to alter the trusts of any charity. (11) In this section “charity”, “charitable purposes”, “charity trustees”, “court” and “trusts” have the same meanings as in the Charities Act 1993.

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193 Information and access to documents.

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194 Concurrent employment.

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195 Continuity of exercise of functions.

(1) The abolition of ILEA shall not affect the validity of anything done by ILEA before the abolition date. (2) Anything which at that date is in process of being done by or in relation to ILEA in the exercise of or in connection with any statutory functions which by virtue of any provision made by or under this Part become functions of the inner London councils in respect of their respective areas or (as the case may be) of some other local authority or of the London Residuary Body may be continued by or in relation to the successor authority. (3) References in this section, in relation to any statutory functions, to the successor authority are references to the inner London council or other local authority or body by which those functions become exercisable or (as the case may be) become exercisable in respect of the area in question. (4) Any instrument made by ILEA in exercise of or in connection with any functions to which subsection (2) above applies, and any other thing done by or in relation to ILEA before the abolition date in exercise of or in connection with any such functions shall, so far as required for continuing its effect on and after that date, have effect as if made by, or done by or in relation to, the successor authority. (5) Any reference above in this section to any instrument made by, or to any other thing done by or in relation to, ILEA includes a reference to any instrument or other thing which by virtue of any enactment is treated as having been made by, or done by or in relation to, ILEA. (6) So far as is required for giving effect to the preceding provisions of this section— (a) any reference in any document to ILEA shall be construed as a reference to the successor authority; and (b) any reference in any document to ILEA’s area (whether as the Inner London Education Area or otherwise), or to any part of that area comprising the successor authority’s area, shall be construed as a reference to the successor authority’s area. (7) For the purposes of subsection (6)(b) above, the London Residuary Body’s area shall be taken to be the area comprising the areas of all the inner London councils. (8) Any question under this section as to which is the successor authority in respect of any particular functions may be determined by a direction given by the Secretary of State. (9) The preceding provisions of this section— (a) are without prejudice to any provision made by this Part in relation to any particular functions; and (b) shall not be construed as continuing in force any contract of employment made by ILEA. (10) The Secretary of State may, in relation to any particular functions, by order exclude, modify or supplement any of the preceding provisions of this section or make such other transitional provision as he thinks necessary or expedient.

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196 Interpretation of Part III.

(1) In this Part— “the 1985 Act” has the meaning given by section 164(3); “the abolition date” has the meaning given by section 162(2); “ILEA” has the meaning given by section 162(1)(a); “inner London council” has the meaning given by section 163(2); and “statutory functions” means functions conferred or imposed by an enactment or a statutory instrument. (2) References in this Part, in relation to an inner London council, to its LEA functions shall be read in accordance with section 165(1)(a).

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197 Education Assets Board.

(1) There shall be established a body corporate to be known as the Education Assets Board. (2) The Board shall consist of a chairman and not less than two nor more than ten other members appointed by the Secretary of State. (3) In appointing the members of the Board the Secretary of State shall have regard to the desirability of including persons who appear to him to have experience of, and to have shown capacity in, property management, local government or education. (4) The principal functions of the Board are those conferred or imposed on them under sections 198 to 201 of and Schedule 10 to this Act and section 36 of and Schedule 5 to the Further and Higher Education Act 1992; and the Board may also undertake such other activities as they consider it necessary or expedient to undertake for the purposes of or in connection with carrying out any of their functions. (5) The Secretary of State may make grants to the Board of such amounts and subject to such conditions as he may determine. (6) In exercising their functions under the Education Acts the Board shall comply with any directions given to them by the Secretary of State. (7) Any local authority and any governing body of a maintained . . . school shall give the Board such information as the Board may require for the purposes of the exercise of any of their functions under the Education Acts. (7A) A local authority shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purposes of the exercise of any of their functions under the Further and Higher Education Act 1992 or under section 126 or 130 of this Act. (7B) The governing body of any institution within the further education sector or the higher education sector shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purpose of the exercise of any of their functions under the Education Acts. (8) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or property held on behalf of, the Crown. (9) Schedule 8 to this Act has effect with respect to the Board. (10) In this section “the Education Acts” has the meaning given by section 578 of the Education Act 1996.

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198 Transfers under Parts I and II.

(1) This section applies to any transfer under any of the following provisions, namely— (a) section 126 or 130 of this Act, (b) Schedule 21 to the School Standards and Framework Act 1998 (“the 1998 Act”), or (c) any regulations made— (i) under section 21(5) or (9) of that Act, or (ii) under paragraph 10 of Schedule 2 or paragraph 5 of Schedule 8 to that Act; or (d) Part 3 of Schedule 4 to the School Standards and Organisation (Wales) Act 2013; and those provisions, so far as relating to transfers under them, shall in each case have effect subject to Schedule 10 to this Act. (1A) However, nothing in— (a) the provisions of that Schedule other than paragraph 2(4), or (b) subsection (3) below, applies in relation to any transfer agreement falling to be made under paragraph 4 or 7 of Schedule 21 to the 1998 Act or any corresponding provision of regulations under that Act. (2) Schedule 10 to this Act has effect for the purpose of— (a) dividing and apportioning property, rights and liabilities which fall to be transferred under any transfer to which this section applies by a transferor authority or body where that property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or other educational institution; (b) excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer; (c) providing for identifying and defining the property, rights and liabilities which fall to be transferred under a transfer to which this section applies; and (d) making supplementary and consequential provisions in relation to such transfers. (3) In carrying out the functions conferred or imposed on them by that Schedule— (a) the Education Transfer Council— (i) shall, subject to subsection (4) below, not act on behalf of the transferor, the transferee or any other interested person, but (ii) shall seek to ensure that all such persons’ interests are protected; and (b) it shall be the duty of the Council, so far as it is reasonably practicable for them to do so, to secure that each transfer to which this section applies is, so far as possible, fully effective on the date on which it takes effect under this Act or under or by virtue of the 1998 Act. (4) Where the transferor under any such transfer is a local authority and in accordance with that Schedule anything falls to be or may be done by the Council for the purposes of or in connection with that transfer— (a) it may not be done by the transferee; and (b) in doing it the Council shall be regarded as acting on behalf and in the name of the transferee; and in a case where the transferee is a body corporate established under this Act or the 1998 Act paragraph (b) above applies both in relation to things done before and in relation to things done after that body is established under this Act or the 1998 Act. (5) Not later than the end of the period of six months beginning with the transfer date applicable in relation to any transfer to a higher education corporation under section 126 of this Act, the Council shall provide the Commission for Tertiary Education and Research with a written statement giving such particulars of all property, rights and liabilities transferred to that corporation as are then available to the Council. (6) If in any case within subsection (5) above full particulars of all property, rights and liabilities transferred to the corporation concerned are not given in the statement required under that subsection, the Council shall provide the Commission for Tertiary Education and Research with a further written statement giving any such particulars omitted from the earlier statement as soon as it is possible for them to do so.

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199 Loan liabilities excepted from transfer under Part II.

(1) The amount of any liability of a local authority in respect of the principal of any loan which is an excepted liability in relation to an institution to which this section applies shall be treated on and after the operative date as having been borrowed from that authority by the default on such terms as to repayment and the payment of interest as may be agreed between the Education Assets Board and the authority or determined by the Secretary of State under this section. (2) This section applies to any institution conducted by a higher education corporation and any institution designated under section 129 of this Act; and in relation to any such institution— (a) a liability is an excepted liability for the purposes of this section if it would have been transferred under section 126(3) but for subsection (5)(b) of that section or (as the case may be) under section 130(2) of this Act but for subsection (4)(a) of that section; and (b) references, in relation to an excepted liability, to the default transferee and the operative date are references respectively to the body or persons to whom and the date on which that liability would have been so transferred. (3) It shall be the duty of the authority and the Board, whether before or after the operative date, so far as practicable to arrive at such written agreements as may be necessary for determining the amount of any excepted liability and the terms to apply in relation to the liability imposed on the default transferee under this section by reference to that liability. (4) Notwithstanding any terms agreed or determined as mentioned in subsection (1) above, any liability in respect of any sum treated by virtue of that subsection as having been borrowed from a local authority may at any time be discharged by a single payment of a sum equal to the aggregate of— (a) the amount of the principal of the loan outstanding at the time of the payment; and (b) the amount of any interest accrued before that time. (5) The Board shall notify the Secretary of State if it appears to them that it is unlikely the case of any matter on which agreement is required to be reached under subsection (3) above that such an agreement will be reached. (6) Where the Secretary of State has received a notification from the Board under subsection (5) above he may, whether before or after the operative date, give a direction determining the matter, and may include in the direction any provision which might have been included in an agreement under subsection (3) above. (7) The Secretary of State shall consult the authority before giving a direction under this section. (8) The Board shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this section. (9) The Board shall deliver any agreement made under subsection (3) above to the default transferee. (10) Any such agreement shall be treated as made between the authority and the default transferee.

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200 Grant-maintained schools: school property.

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201 Wrongful disposals.

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202 The University Commissioners.

(1) There shall be a body of Commissioners known as the University Commissioners (in this section and sections 203 to 207 of this Act referred to as “the Commissioners”) who shall exercise, in accordance with subsection (2) below, in relation to qualifying institutions, the functions assigned to them by those sections. (2) In exercising those functions, the Commissioners shall have regard to the need— (a) to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges they may have at their institutions; (b) to enable qualifying institutions to provide education, promote learning and engage in research efficiently and economically; and (c) to apply the principles of justice and fairness. (3) The following are qualifying institutions for the purposes of this section and sections 203 to 206 of this Act, namely— (a) any university or other institution to which, during the period of three years beginning 1st August 1987, grants in aid are or have been made by the Universities Funding Council, or by the Secretary of State acting on the advice of the University Grants Committee; (b) any constituent college, school or hall or other institution of a university falling within paragraph (a) above; and (c) any institution not falling within paragraph (a) above which is authorised by charter to grant degrees and to which, during the period of three years beginning 1st August 1987, grants are or have been made by the Secretary of State. (4) Schedule 11 to this Act shall have effect with respect to the Commissioners.

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203 Duty of Commissioners.

(1) The Commissioners shall exercise the powers conferred by section 204 of this Act with a view to securing that the statutes of each qualifying institution include— (a) provision enabling an appropriate body, or any delegate of such a body, to dismiss any member of the academic staff by reason of redundancy; (b) provision enabling an appropriate officer, or any delegate of such an officer, acting in accordance with procedures determined by the Commissioners, to dismiss any member of the academic staff for good cause; (c) provision establishing disciplinary procedures determined by the Commissioners for dealing with any complaints made against any member of the academic staff relating to his appointment or employment; (d) provision establishing procedures determined by the Commissioners for hearing and determining appeals by any members of the academic staff who are dismissed or under notice of dismissal (whether or not in pursuance of such provision as is mentioned in paragraph (a) or (b) above) or who are otherwise disciplined; and (e) provision establishing procedures determined by the Commissioners for affording to any member of the academic staff opportunities for seeking redress for any grievances relating to his appointment or employment. (2) No provision such as is mentioned in subsection (1)(a) or (b) above which is included in the statutes of a qualifying institution by virtue of section 204 of this Act shall enable any member of the academic staff to be dismissed unless the reason for his dismissal may in the circumstances (including the size and administrative resources of the institution) reasonably be treated as a sufficient reason for dismissing him. (3) Where any such provision as is mentioned in subsection (1) above is included in the statutes of a qualifying institution (whether by virtue of section 204 of this Act or otherwise) and— (a) there is no requirement for any instrument which would have the effect of modifying the provision to be approved by Her Majesty in Council or to be laid before both Houses of Parliament; and (b) but for this subsection, there would be no requirement for such an instrument to be approved by the Privy Council; the Commissioners shall exercise the powers conferred by that section with a view to securing that no instrument which would have the effect of modifying the provision shall have that effect unless it has been approved by the Privy Council. (4) Any reference in this section to academic staff includes a reference to persons whose terms of appointment or contracts of employment are, in the opinion of the Commissioners, so similar to those of academic staff as to justify their being treated as academic staff for the purposes of this section. (5) For the purposes of this section the dismissal of a member of staff shall be taken to be a dismissal by reason of redundancy if it is attributable wholly or mainly to— (a) the fact that the institution has ceased, or intends to cease, to carry on the activity for the purposes of which he was appointed or employed by the institution, or has ceased, or intends to cease, to carry on that activity in the place in which he carried out his work; or (b) the fact that the requirements of that activity for members of staff to carry out work of a particular kind, or for members of staff to carry out work of a particular kind in that place, have ceased or diminished or are expected to cease or diminish. (6) For the purposes of this section “good cause”, in relation to a member of the academic staff of a qualifying institution, means a reason which is related to his conduct or to his capability or qualifications for performing work of the kind which he was appointed or employed to do; and in this subsection— (a) “capability”, in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and (b) “qualifications”, in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the office or position held by him. (7) In this section— “appropriate”, in relation to a body or officer of a qualifying institution, means appearing to the Commissioners to be appropriate having regard to the nature and circumstances of the institution; “dismiss” and “dismissal”— (a) include remove or, as the case may be, removal from office; and (b) in relation to employment under a contract, shall be construed in accordance with Part X of the Employment Rights Act 1996. (8) In this section and sections 204 to 206 of this Act “statutes”, in relation to an institution, includes any regulations, ordinances or other instruments which, in the opinion of the Commissioners, serve as statutes for the purposes of that institution and are designated as such by the Commissioners.

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204 Powers of Commissioners.

(1) For the purpose of performing the duty imposed on them by section 203 of this Act, the Commissioners may make such modifications of the statutes of any qualifying institution as they consider necessary or expedient. (2) Modifications made for the purpose of securing that the statutes of a qualifying institution comply with the requirements of section 203(1)(a) of this Act shall not apply in relation to a person unless— (a) his appointment is made, or his contract of employment is entered into, on or after 20th November 1987; or (b) he is promoted on or after that date. (3) For the purposes of this section a person shall be taken to be promoted on or after 20th November 1987 if (and only if) immediately before that date he is paid on a scale which provides for a maximum rate of remuneration (his former pay scale) and on or after that date the terms of his appointment, or of his contract of employment, are varied (whether with effect before or after that date) so that— (a) his rate of remuneration is increased to a rate which exceeds the highest point on his former pay scale at the date on which the increase takes effect; or (b) he is paid on another scale on which the highest point at the date the variation takes effect exceeds the highest point on his former pay scale at that date; or (c) he is paid on a basis which does not provide for a maximum rate of remuneration. (4) For the purposes of subsection (3) above references, in relation to a pay scale, to the highest point on the scale at any date are references to the maximum rate of remuneration payable at that date in accordance with the scale whether on a regular or a discretionary basis. (5) For the purposes of this section a person holding an office or position of any description shall not be taken to be promoted by reason only of any general variation of the terms of appointment or of contracts of employment of persons holding offices or positions of that description. (6) Modifications such as are mentioned in subsection (2) above shall not apply in relation to a person who held an office or position at the institution in question immediately before 20th November 1987 by reason only of the fact that— (a) he is appointed to, or employed in, a different office or position at the institution instead of his former office or position if the terms of his appointment or of his contract of employment which relate to remuneration are the same as those of his former appointment or contract of employment; (b) he is appointed to, or employed in, an additional office or position at the institution which carries no remuneration; or (c) he is promoted or is appointed to, or employed in, a different office or position at the institution if he is so promoted, appointed or employed only on a temporary basis for a particular purpose with an expectation that the promotion will cease to have effect, or that he will resume his former office or position, when that purpose is accomplished. (7) Modifications made for the purpose of securing that the statutes of a qualifying institution comply with the requirements of section 203(1)(b) of this Act shall not apply in relation to anything done or omitted to be done before the date on which the instrument making the modifications is approved under subsection (9) below. (8) Subject to subsections (2) to (7) above, the Commissioners’ powers under this section include power to make such incidental, supplementary and transitional provision as they consider necessary or expedient. (9) No instrument made in the exercise of the Commissioners’ powers under this section shall have effect unless it has been approved by Her Majesty in Council.

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205 Procedure for exercise of Commissioners’ powers.

(1) This section applies where the Commissioners propose to exercise the powers conferred on them by section 204 of this Act in relation to a qualifying institution. (2) The Commissioners shall send a copy of the proposed modifications to each of the following persons, namely— (a) the body appearing to the Commissioners to have responsibility for the management and administration of the institution’s revenue and property and the conduct of its affairs; (b) such bodies representing qualifying institutions as appear to them to be concerned; (c) such organisations representing staff of such institutions as appear to them to be concerned; (d) the higher education funding council (e) such other persons appearing to the Commissioners to be concerned as they consider it would be appropriate to consult; and shall afford those persons a reasonable opportunity of making representations as to the issues arising. (3) After taking into account any representations made by those persons, the Commissioners shall submit the modifications, with or without revisions, to Her Majesty in Council. (4) Her Majesty in Council may remit for reconsideration by the Commissioners any modifications submitted under subsection (3) above; and any remission under this subsection shall be accompanied by a declaration of the reasons for it. (5) The Commissioners shall reconsider and revise any modifications remitted under subsection (4) above; and subsections (2) to (4) above shall apply in relation to any modifications so revised as they apply in relation to modifications originally proposed. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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206 Exclusion of visitor’s jurisdiction.

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207 Power to make incidental, etc., provisions by Order in Council.

(1) Her Majesty may at any time by Order in Council make such incidental, consequential or supplementary provision as appears to Her necessary or expedient— (a) for the general purposes or any particular purposes of any exercise of the Commissioners’ powers under section 204 of this Act; (b) in consequence of any exercise of those powers or for the purpose of giving full effect to any such exercise; ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) An Order in Council under this section may in particular amend, repeal or revoke (with or without savings) any provision of— (a) an Act passed or a charter granted; or (b) an instrument under an Act or charter made, before the passing of this Act.

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208 Corresponding provision for Northern Ireland.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is only made for purposes corresponding to the purposes of sections 202 to 207 of, and Schedule 11 to, this Act— (a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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210 Grants for the education of travellers and displaced persons.

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211 Grants in respect of special provision for immigrants

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212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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214 Unrecognised degrees.

(1) Any person who, in the course of business, grants, offers to grant or issues any invitation relating to any award— (a) which may reasonably be taken to be an award granted or to be granted by a United Kingdom institution; and (b) which either— (i) is described as a degree; or (ii) purports to confer on its holder the right to the title of bachelor, master or doctor and may reasonably be taken to be a degree; shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. (2) Subsection (1) above does not apply as respects anything done in relation to any recognised award; and for the purposes of this section a “recognised award” means— (za) an award granted or to be granted by a university, college or other body which it is authorised to grant by— (i) an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”), (ii) an authorisation varied under section 45(1) of the 2017 Act, or (iii) regulations under section 51(1) of the 2017 Act; (zb) an award granted or to be granted by a body for the time being permitted by a body falling within paragraph (za) to act on its behalf in the granting of that award where the grant of that award by that other body on its behalf is authorised by— (i) the authorisation mentioned in paragraph (za), or (ii) regulations under section 51(1) of the 2017 Act; (a) any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or by or under Act of Parliament (other than section 42(1), 45(1) or 51(1) of the 2017 Act) to grant degrees; (b) any award granted or to be granted by any body for the time being permitted by any body falling within paragraph (a) above to act on its behalf in the granting of degrees; or (c) such other award as the appropriate authority may by order designate as a recognised award for the purposes of this section. (3) An order under subsection (2)(c) above may designate as a recognised award either— (a) a specified award granted or to be granted by a person named in the order; or (b) any award granted or to be granted by such a person. (4) Where in any proceedings for an offence under this section it is shown— (a) that the defendant granted, offered to grant or issued an invitation relating to an award; and (b) that an address in the United Kingdom was given in any document issued by the defendant certifying the granting of the award or containing the offer or invitation in question; the award shall be presumed to fall within subsection (1)(a) above unless it is shown that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer or invitation was addressed that the award was not granted or to be granted by a United Kingdom institution. (5) In any proceedings for an offence under this section it shall be a defence for the defendant to show— (a) that the award in question was granted or to be granted by virtue of authority conferred on or before 5th July 1988 by a foreign institution on the body granting the award; and (b) that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer was addressed that the award was granted or was to be granted by virtue of authority conferred by a foreign institution. (6) For the purposes of subsection (5) above, where— (a) on or before 5th July 1988 authority was conferred by a foreign institution on a body to grant awards of any description for a period expiring after that date; and (b) new authority is conferred by the institution (whether before or after the expiry of that period) on the body to grant awards of that description; the new authority shall be taken to have been granted on or before that date. (7) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (8) Proceedings for an offence under this section shall not, in England and Wales, be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area. (9) Nothing in this section shall apply in relation to the granting of an award to a candidate who— (a) before 12th May 1988 began to undertake a course of education approved by the person granting the award in preparation for an examination to qualify for the award; and (b) whether before or after that date, passes the examination; and in this subsection “examination” includes any form of assessment and the reference to passing an examination shall be construed accordingly. (9ZA) For the purposes of this section as it extends to England and Wales, “the appropriate authority” means— (a) so far as the power to make an order under subsection (2)(c) is exercisable in relation to England, the Office for Students, and (b) so far as the power to make an order under that provision is exercisable in relation to Wales, the Welsh Ministers. (9A) For the purposes of this section as it extends to Scotland, “the appropriate authority” means the Scottish Ministers. (10) For the purposes of this section— (a) a “United Kingdom institution” — (i) means any institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is situated outside the United Kingdom , and (ii) includes the Office for Students (b) a “foreign institution” means any institution other than a United Kingdom institution; and (c) the reference to issuing an invitation relating to any award includes in particular the issuing of any circular, prospectus or advertisement relating to an award, whether addressed to the public generally, to any section of the public, or to any particular individual or individuals.

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215 Unrecognised degrees: enforcement.

(1) It shall be the duty of every local weights and measures authority to enforce the provisions of section 214 of this Act within their area; and such an authority shall, whenever the appropriate authority so directs, make to the appropriate authority a report on the exercise of their functions under this section and section 214 of this Act in such form and containing such particulars as the appropriate authority may direct. (1A) For the investigatory powers available to a local weights and measures authority for the purposes of the duty to enforce imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015. (1B) “The appropriate authority” means— (a) in the case of a weights and measures authority in England, the Secretary of State, (b) in the case of a weights and measures authority in Wales, the Welsh Ministers, and (c) in the case of a weights and measures authority in Scotland, the Scottish Ministers. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.

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216 Identification of bodies granting or providing courses for recognised awards etc.

(1) The appropriate authority may by order designate each body which appears to the authority to be a recognised body within subsection (4)(a), (b) or (c). (1A) For the purposes of sections 214 and 215, any body for the time being designated by an order under subsection (1) as a recognised body within subsection (4)(c) is conclusively presumed to be such a body. (2) The appropriate authority shall compile, maintain and publish by order a list including the name of every body which appears to the authority to fall for the time being within subsection (3) below. (2ZA) For the purposes of this section as it extends to England and Wales, “the appropriate authority” means— (a) so far as the functions in question are exercisable in relation to England, the Office for Students, and (b) so far as the functions in question are exercisable in relation to Wales, the Welsh Ministers. (2A) For the purposes of this section, as it extends to Scotland, “the appropriate authority” means the Scottish Ministers. (3) A body falls within this subsection if it is not a recognised body and it— (za) provides any course which is— (i) in preparation for a degree to be granted by a recognised body within subsection (4)(a) or (b) which the recognised body is authorised to grant by the authorisation or regulations mentioned in subsection (4)(a), and (ii) is approved by or on behalf of that recognised body; (a) provides any course which is in preparation for a degree to be granted by a recognised body within subsection (4)(c) and is approved by or on behalf of the recognised body; or (b) is a constituent college, school or hall or other institution of a university which is a recognised body. (4) In this section “recognised body” means — (a) a body which is authorised to grant awards by— (i) an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”), (ii) an authorisation varied under section 45(1) of the 2017 Act, or (iii) regulations under section 51(1) of the 2017 Act, (b) a body for the time being permitted by a body within paragraph (a) to act on its behalf in the granting of awards where the grant of the awards by that other body on its behalf is authorised by the authorisation or regulations mentioned in paragraph (a), or (c) a body falling within section 214(2)(a) or (b) of this Act.

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217 Unrecognised degrees: Northern Ireland and Channel Islands.

(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is only made for purposes corresponding to the purposes of sections 214 to 216 of this Act— (a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule; but (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (2) Her Majesty may by Order in Council direct that those sections shall extend to any of the Channel Islands with such adaptations and modifications (if any) as may be specified in the Order.

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218 School and further and higher education regulations.

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218A Regulations under section 218(6): further provision.

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219 Powers of the Secretary of State in relation to certain educational institutions.

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220 Extension of functions of Audit Commission.

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