Section 218.
Supplementary powers
1 (1) Subject to sub-paragraph (2) below and to the articles of government of any school they conduct, an education association may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—
(a) acquiring and disposing of land and other property,
(b) entering into contracts,
(c) investing sums not immediately required for the purpose of the discharge of their functions, and
(d) accepting gifts of money, land or other property.
(2) An education association shall not borrow money except money lent under section 92 of this Act.
(3) The power to dispose of land mentioned in sub-paragraph (1)(a) above—
(a) does not include power to grant any mortgage, charge or other security in respect of any land, and
(b) may only be exercised with the written consent of the Secretary of State.
Tenure of members
2 (1) A person shall hold and vacate office as a member of an education association in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member of an education association.
3 If the Secretary of State is satisfied that a member of an education association—
(a) has been absent from meetings of the association for a period longer than six consecutive months without the permission of the association, or
(b) is unable or unfit to discharge the functions of a member,
the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.
Salaries, allowances and pensions
4 (1) The Secretary of State may—
(a) pay to the members of an education association such salaries or fees, and such travelling, subsistence or other allowances, as he may determine, and
(b) may, as regards any member of the association in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
(2) If a person ceases to be a member of an education association and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.
(3) A determination of the Secretary of State under this paragraph requires the approval of the Treasury.
Committees
5 (1) An education association may establish a committee for any purpose.
(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the association.
(3) Such a committee may include persons who are not members of the association.
(4) The association shall keep under review the structure of committees established by them under this paragraph and the scope of each such committee’s activities.
Delegation of functions
6 An education association may authorise the chairman or any committee established by them under paragraph 5 above to exercise such of their functions as they may determine.
Proceedings
7 The validity of any proceedings of an education association or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.
8 Subject to the preceding provisions of this Schedule, an education association may regulate their own procedure and that of any of their committees.
Application of seal and proof of instruments
9 The application of the seal of an education association shall be authenticated by the signature—
(a) of the chairman or of some other person authorised either generally or specifically by the association to act for that purpose, and
(b) of one other member.
10 Every document purporting to be an instrument made or issued by or on behalf of an education association and to be duly executed under their seal, or to be signed or executed by a person authorised by the association to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
SCHEDULE 13 INCORPORATED GOVERNING BODIES FOR COUNTY, VOLUNTARY AND MAINTAINED SPECIAL SCHOOLS
Sections 238 and 239.
Property, rights and liabilities
1 On the incorporation under section 238(1) of this Act of a governing body (“the new governing body”) constituted under an instrument of government for two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986—
(a) all land and other property which, immediately before the date of incorporation, was property of the governing body of any of those schools used or held for the purposes of the school in question, and
(b) all rights and liabilities of the governing body of any of those schools subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body.
2 On the incorporation under section 238(1) of this Act of a governing body (“the new governing body”) for a school which, immediately before the incorporation date, was conducted by a temporary governing body constituted under arrangements made under section 12 of that Act—
(a) all land and other property which, immediately before the date of incorporation, was property of the temporary governing body used or held for the purposes of the school, and
(b) all rights and liabilities of the temporary governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body.
Contracts of employment
3 Without prejudice to the generality of the provisions of section 238 of this Act and paragraphs 1 and 2 above, where those provisions effect a transfer of rights and liabilities under a contract of employment—
(a) the contract shall have effect from the date of incorporation as if originally made between the employee and the incorporated governing body, and
(b) without prejudice to paragraph (a) above, anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the incorporated governing body,
but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by those provisions.
School premises
4 (1) Section 22 of the Education Act 1944 (powers of local education authority as to use and care of premises of voluntary schools) is amended as follows.
(2) At the end of subsection (3) (premises to be under the control of the governing body, subject to any directions of the local education authority etc.) there is added “ except to the extent provided by any transfer of control agreement into which they may enter under subsection (3A) of this section. ”
(3) After that subsection there is inserted—
(3A) Subject to subsection (3B) below the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—
(a) they may do so notwithstanding that the trust deed for the school would, apart from this subsection, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but
(b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would obtain if control were being exercised by the governing body.
(3B) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.
(3C) A transfer of control agreement shall be taken to include the following terms, namely—
(a) that the governing body shall notify the controlling body of—
(i) any directions given to the governing body by virtue of subsection (1) or (2) of this section; and
(ii) any determination made by the foundation governors under subsection (1) of this section;
(b) that the controlling body, in exercising control of the use of any premises subject to the agreement—
(i) shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a) of this subsection; and
(ii) shall have regard to the desirability of the premises being made available for community use; and
(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—
(i) the use of the specified premises at those times shall be under the control of the governing body; and
(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,
notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body.
(3D) Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (3C) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.
(3E) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of subsection (3C)(a) of this section.
(4) For subsection (5) (which provides that, where the trust deed provides for any person other than the governing body being entitled to control the occupation and use of the school premises, the section shall have effect with the substitution for references to the governors of references to that person) there is substituted—
(5) Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that, disregarding any transfer of control agreement, the use of those premises is or would be under the control of such a person, this section shall have effect in relation to the school with the substitution for references to the governing body of references to that person.
(5) After that subsection there is inserted—
(6) In this section—
“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“school hours” means any time during a school session or during a break between sessions on the same day;
“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of the Education (No. 2) Act 1986; and
“transfer of control agreement” means an agreement which, subject to subsection (3C) of this section, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.
(6) In subsections (1) to (3) and (4), for “the governors” in each place there is substituted “ the governing body ”.
5 For section 42 of the Education (No. 2) Act 1986 (which requires the articles of government of every county or maintained special school to provide for the use of the school premises outside school hours to be under the control of the governing body, subject to directions given by the local education authority) there is substituted—
Control of use of premises outside school hours.
42 (1) The articles of government for every county and maintained special school shall provide—
(a) for the use of the school premises outside school hours to be under the control of the governing body except to the extent provided by any transfer of control agreement into which they may enter by virtue of paragraph (c) below;
(b) for the governing body in exercising control of the use of the school premises outside school hours—
(i) to comply with any directions given to them by the local education authority by virtue of this sub-paragraph; and
(ii) to have regard to the desirability of the premises being made available for community use;
(c) for the governing body to have power to enter into a transfer of control agreement if their purpose, or one of their purposes, in doing so is to promote community use of the school premises outside school hours; and
(d) for the governing body so far as reasonably practicable to secure, where they enter into a transfer of control agreement, that the controlling body exercises control in accordance with any directions given to the governing body by virtue of paragraph (b)(i) above.
(2) A transfer of control agreement shall be taken to include the following terms, namely—
(a) that the governing body shall notify the controlling body of any directions given to the governing body by virtue of subsection (1)(b)(i) above;
(b) that the controlling body, in exercising control of the use of any premises subject to the agreement—
(i) shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a) above; and
(ii) shall have regard to the desirability of the premises being made available for community use outside school hours; and
(c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—
(i) the use of the specified premises at those times shall be under the control of the governing body, and
(ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,
notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body.
(3) Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (2) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.
(4) In this section—
“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“school hours” means any time during a school session or during a break between sessions on the same day, and “outside school hours” shall be construed accordingly;
“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of this Act; and
“transfer of control agreement” means an agreement which, subject to subsection (2) above, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times outside school hours as may be so specified, of such body or person as may be so specified.
School premises: pre-commencement agreements
6 (1) This paragraph applies in any case where—
(a) at any time before the appointed day, the governing body of a voluntary school entered, or purported to enter, into a transfer of control agreement (the “relevant agreement”),
(b) the school is a voluntary school on that day, and
(c) on that day the procedure for acquisition of grant-maintained status is not for the time being pending (as defined in section 40 of this Act) or, if it is, proposals for acquisition of grant-maintained status (within the meaning of Part II of this Act) are not approved.
(2) Any question arising as to the validity of the relevant agreement at any time on or after the appointed day shall be determined as if, at the time when the governing body entered, or purported to enter, into the agreement (and at all times thereafter), section 22 of the Education Act 1944 had had effect with the amendments made by paragraph 4 above.
(3) As from the appointed day, section 22 of that Act shall have effect in relation to the relevant agreement with the amendments made by paragraph 4 above, except that subsection (3D) shall so have effect with the substitution for the words “if, at the time of entering into it, the governors were of the opinion that” of the words “ if and to the extent that ”.
(4) In their application with respect to any time before the coming into force of paragraph 6 of Schedule 1 to the Education Act 1980 (which removed certain references to the managers or foundation managers) the provisions of this paragraph (other than this sub-paragraph) and the amendments made by paragraph 4 above shall have effect—
(a) as if any reference to the governing body of a school included a reference to the managers of the school, and
(b) as if any reference to the foundation governors of the school included a reference to the foundation managers of the school.
(5) In its application with respect to any time before the coming into force of section 21 of the Education (No. 2) Act 1986, as originally enacted, the subsection (6) inserted into section 22 of the Education Act 1944 by paragraph 4 above shall have effect with the omission of the definition of “school session”, which expression shall accordingly be given the meaning that it would have had at that time.
(6) Nothing in this Schedule shall be taken to imply that the relevant agreement would not have been valid at any time apart from this paragraph.
(7) Expressions used in this paragraph and in section 22 of the Education Act 1944, as amended by paragraph 4 above, have the same meaning in this paragraph as they have in that section as so amended.
7 (1) This paragraph applies in any case where—
(a) at any time before the appointed day, the governing body of a county or maintained special school entered, or purported to enter, into a transfer of control agreement (the “relevant agreement”),
(b) the school is a county school or, as the case may be, a maintained special school on the appointed day, and
(c) on that day the procedure for acquisition of grant-maintained status is not for the time being pending (as defined in section 40 of this Act) or, if it is, proposals for acquisition of grant-maintained status (within the meaning of Part II of this Act) are not approved.
(2) Any question arising as to the validity of the relevant agreement at any time on or after the appointed day shall be determined as if, at the time when the governing body entered, or purported to enter, into the agreement (and at all times thereafter)—
(a) the Education (No. 2) Act 1986 had had effect with the substitution, for section 42, of the section 42 set out in paragraph 5 above, and
(b) the articles of government for the school had included the provision required by the section 42 so substituted.
(3) As from the appointed day, section 42 of that Act, as substituted by paragraph 5 above, shall have effect in relation to the relevant agreement, except that subsection (3) shall so have effect with the substitution for the words “if, at the time of entering into it, the governing body were of the opinion that” of the words “ if and to the extent that ”.
(4) Nothing in this Schedule shall be taken to imply that the relevant agreement would not have been valid at any time apart from this paragraph.
(5) Expressions used in this paragraph and in section 42 of that Act, as substituted by paragraph 5 above, have the same meaning in this paragraph as they have in that section as so substituted.
Dissolution and discontinuance
8 (1) A governing body incorporated under section 238 of this Act are dissolved by virtue of this paragraph—
(a) if the school they conduct is discontinued,
(b) where the school becomes a grant-maintained school or grant-maintained special school, when the local education authority cease to maintain the school, or
(c) if a new governing body of the school are constituted under the Education (No. 2) Act 1986.
(2) Where such a governing body conduct two or more schools, sub-paragraph (1) above applies when, in relation to each of the schools, paragraph (a), (b) or (c) is satisfied.
9 (1) Where such a governing body are to be dissolved by reason of—
(a) the discontinuance of the county, voluntary or maintained special school which they conduct, or
(b) in the case of a governing body conducting two or more such schools, the discontinuance of each such school conducted by them,
they shall have power to transfer any land or other property of theirs which is used or held for the purposes of the school to any person who provides education.
(2) Where such a governing body are so dissolved—
(a) any such land or property for which no provision has been made under sub-paragraph (1) above for transfer, and
(b) all rights and liabilities of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school in question,
shall be transferred to and, by virtue of this Act, vest in the local education authority.
(3) Sub-paragraphs (1) and (2) above do not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.
10 (1) This paragraph applies where such a governing body dissolved by virtue of paragraph 8 above are the governing body of two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986.
(2) Where none of the schools in the group are discontinued, then in the case of each school formerly a member of the group—
(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and
(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.
(3) An order made by virtue of sub-paragraph (2) above may provide that—
(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of the schools in the group, and
(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.
(4) Where not all of the schools in the group are discontinued, then in the case of each school formerly a member of the group which is not discontinued—
(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and
(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.
(5) An order made by virtue of sub-paragraph (4) above may provide that—
(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of any school which is to be discontinued or the schools in the group, and
(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.
(6) Sub-paragraph (5) above does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.
11 (1) This paragraph applies in relation to the governing body of two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986.
(2) Where one or more schools conducted by the governing body are discontinued but the governing body are not dissolved by reason of the discontinuance, then in the case of each school formerly a member of the group which is discontinued—
(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and
(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be held by the governing body for the purposes of the schools in the group.
(3) Sub-paragraph (2) above does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.
(4) Where, in the case of one or more schools conducted by the governing body, new governing bodies are constituted under the Education (No. 2) Act 1986 to conduct those schools but the governing body are not dissolved by reason of the constitution of such bodies, then in the case of each school formerly a member of the group—
(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and
(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,
shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.
12 For the purposes of this Schedule, references to the discontinuance of a school are—
(a) to its discontinuance under section 14 of the Education Act 1944 (discontinuance by governors of voluntary schools), or
(b) to the local education authority ceasing to maintain it in accordance with proposals under section 12 of the Education Act 1980 (discontinuance of county or voluntary schools) or section 183 of this Act.
General
13 (1) Where personal data are transferred under section 238(3) of this Act to a governing body incorporated by virtue of that section—
(a) any entry made in respect of the governing body constituted immediately before the appointed day as a data user in the register maintained under section 4 of the Data Protection Act 1984, or
(b) any application for registration as a data user made by that body under section 6 of that Act,
shall have effect as if it were made in respect of or, as the case may be, by the governing body so incorporated.
(2) Expressions used in sub-paragraph (1) above and in that Act shall have the same meaning in that sub-paragraph as in that Act.
14 Where a transfer under section 238 of this Act or this Schedule relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.
15 Paragraphs 6 to 8 of Schedule 10 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers effected by section 238 of this Act or this Schedule as they apply to transfers to which that Schedule applies.
SCHEDULE 14 SCHOOL CURRICULUM AND ASSESSMENT AUTHORITY
Section 244.
Status
1 The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and their property shall not be regarded as property of, or property held on behalf of, the Crown.
Powers
2 (1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.
(2) In particular, the Authority may—
(a) acquire or dispose of land or other property,
(b) enter into contracts,
(c) form bodies corporate or subscribe for shares or stock,
(d) invest any sums not immediately required for the purpose of carrying out their functions,
(e) accept gifts of money, land or other property, and
(f) borrow money.
3 (1) The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.
(2) The Authority may give assistance under this paragraph on such terms, including terms as to payment, as they may determine.
(3) The consent of the Secretary of State shall be required for the exercise of any power conferred by this paragraph.
Chief officer
4 (1) The Authority shall have a chief officer.
(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as he thinks fit.
(3) Each subsequent chief officer shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.
Chairman and chief officer: division of functions
5 (1) The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment.
(2) The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) above on the chairman of the Authority.
Tenure of office
6 (1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.
7 The Secretary of State may, if satisfied that a member of the Authority—
(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or
(b) is unable or unfit to discharge the functions of a member,
remove him from office by giving him notice in writing and thereupon the office shall become vacant.
8 If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.
Payments to members
9 (1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.
(2) The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
(3) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.
(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.
Staff
10 Subject to the approval of the Secretary of State given with the consent of the Treasury, the Authority—
(a) may appoint such number of employees on such terms and conditions as they think fit, and
(b) shall pay to their employees such remuneration and allowances as they may determine.
11 (1) Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there is inserted—
School Curriculum and Assessment Authority.
(2) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
(3) Where an employee of the Authority is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation Act 1972 and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9 above).
Finance
12 (1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.
(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.
(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.
Committees
13 (1) The Authority may establish a committee for any purpose.
(2) The Authority shall determine the number of a committee’s members and the terms on which they are to hold and vacate office.
(3) A committee may include persons who are not members of the Authority.
(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.
Delegation
14 The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 above to carry out such of the Authority’s functions as the Authority may determine.
Proceedings
15 (1) A representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.
(2) The Authority shall provide the Secretary of State with such copies of any documents distributed to members of the Authority or of any such committee as he may require.
16 (1) Her Majesty’s Chief Inspector of Schools in England, or a representative of his, shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.
(2) The Authority shall provide Her Majesty’s Chief Inspector of Schools in England with such copies of any documents distributed to members of the Authority or of any such committee as he may require.
17 (1) The chairman of the Curriculum Council for Wales, or a representative of his, shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.
(2) The Authority shall provide the chairman of the Curriculum Council for Wales with such copies of any documents distributed to members of the Authority or of any such committee as he may require.
18 The validity of proceedings of the Authority shall not be affected by a vacancy among the members or any defect in the appointment of a member.
19 Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.
Accounts
20 (1) The Authority shall—
(a) keep proper accounts and proper records in relation to the accounts,
(b) prepare in respect of each financial year of the Authority a statement of accounts, and
(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—
(a) the information to be contained in it,
(b) the manner in which the information contained in it is to be presented, or
(c) the methods and principles according to which the statement is to be prepared.
(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
(4) In this paragraph, “financial year” means the period beginning with the date on which the Authority is established and ending with the next following 31st of March, and each successive period of twelve months.
Documents
21 The application of the seal of the Authority shall be authenticated by the signature—
(a) of the chairman or some other person authorised either generally or specially by the Authority to act for that purpose, and
(b) of one other member.
22 Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed by a person authorised by the Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
SCHEDULE 15 AMENDMENTS CONSEQUENTIAL ON SECTION 253
Section 253.
The Public Records Act 1958 (c. 51)
1 In Schedule 1 to the Public Records Act 1958, in Part II of the Table at the end of paragraph 3, for “Curriculum Council for Wales” there is substituted “ Curriculum and Assessment Authority for Wales ”.
The Superannuation Act 1972 (c. 11)
2 In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies, for “Curriculum Council for Wales” there is substituted “ Curriculum and Assessment Authority for Wales ”.
The House of Commons Disqualification Act 1975 (c. 24)
3 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) for the entry relating to the Curriculum Council for Wales there is substituted—
Any member of the Curriculum and Assessment Authority for Wales established under section 14 of the Education Reform Act 1988 in receipt of remuneration.
The Education Reform Act 1988 (c. 40)
4 (1) The Education Reform Act 1988 is amended as follows.
(2) In section 11(13), for “the Curriculum Council for Wales” there is substituted “ the Curriculum and Assessment Authority for Wales ”.
(3) In section 14, for “Council”, in each place where it occurs, there is substituted “ Authority ”.
(4) In section 16(6), for “the Curriculum Council for Wales” there is substituted “ the Curriculum and Assessment Authority for Wales ”.
(5) Section 21 is amended as follows—
(a) in subsection (2), for “the Curriculum Council for Wales” there is substituted “ the Curriculum and Assessment Authority for Wales ”; and
(b) for “the Council”, in each place where it occurs, there is substituted “ the Authority ”.
(6) In Schedule 2, for “Council”, in each place where it occurs, there is substituted “ Authority ”.
The Charities Act 1993 (c.10)
5 In Schedule 2 to the Charities Act 1993 (exempt charities) for paragraph (f) there is substituted—
(f) the Curriculum and Assessment Authority for Wales;
.
The Education Act 1993 (c. 35)
6 (1) The Education Act 1993 is amended as follows.
(2) In Schedule 14, in paragraph 17, for “the Curriculum Council for Wales”, in both places where it occurs, there is substituted “ the Curriculum and Assessment Authority for Wales ”.
(3) In Schedule 19, in paragraph 43(1), for “the Curriculum Council for Wales” there is substituted “ the Curriculum and Assessment Authority for Wales ”.
Section 266
1 Part I of Schedule 2 to the Education Act 1980 (constitution of committees hearing appeals against admission decisions) is amended as follows.
Schools maintained by local education authorities
2 (1) For paragraph 1(2) there is substituted—
(2) An appeal committee shall consist of—
(a) one person nominated by the authority from among persons who are eligible to be lay members; and
(b) two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph.
(2A) The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them.
(2B) Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time.
(2) In paragraph 1(3) after “appointed” there is inserted “ by the authority ”.
(3) In paragraph 1(4) “by more than one” is omitted.
(4) For paragraph 1(5) there is substituted—
(5) A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.
Aided and special agreement schools
3 (1) For paragraph 2(2) there is substituted—
(2) An appeal committee shall consist of—
(a) one person nominated by the governors from among persons who are eligible to be lay members; and
(b) two, four or six other members nominated by the governors from among persons appointed by them under this paragraph.
(2A) The governors shall not nominate under sub-paragraph (2)(a) above a person who falls within sub-paragraph (3)(a) or (b) below or is employed by the local education authority by which the school is maintained.
(2B) Sufficient persons may be appointed by the governors to enable two or more committees to sit at the same time.
(2) In paragraph 2(3) after “appointed” there is inserted “ by the governors ”.
(3) For paragraph 2(4) there is substituted—
(4) In an appeal committee—
(a) three members shall be nominated from among those mentioned in sub-paragraph (3)(b) above, in the case of a committee consisting of seven members;
(b) two members shall be so nominated, in the case of a committee consisting of five members; and
(c) one member shall be so nominated, in the case of a committee consisting of three members.
Lay members
4 After paragraph 4 there is inserted—
Lay members
4A (1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) above if—
(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and
(b) he satisfies the conditions specified in sub-paragraph (2) below.
(2) Those conditions are—
(a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a) above, that he does not have, or has not at any time had, any connection with—
(i) the local education authority in question, or
(ii) any person who is a member of, or employed by, that authority,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and
(b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a) above, that he does not have, or has not at any time had, any connection with—
(i) the school in question, or
(ii) any person who is a member of, or employed by, the governing body of that school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.
SCHEDULE 17 UNIFORM STATUTORY TRUSTS FOR EDUCATIONAL ENDOWMENTS
Sections 287 and 288
1 The trustees may, after payment of any expenses incurred in connection with the administration of the trust, apply the capital and income of the relevant trust assets for any of the following purposes—
(a) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of any relevant school in the area,
(b) for the maintenance of any relevant school in the area,
(c) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of a teacher’s house for use in connection with any relevant school in the area, and
(d) for the maintenance of a teacher’s house for use in connection with any relevant school in the area.
2 The trustees may also, after payment of any expenses incurred in connection with the administration of the trust, apply the income of the relevant trust assets for any of the following purposes—
(a) in or towards the provision of advice, guidance and resources (including materials) in connection with any matter related to the management of, or education provided at, any relevant school in the area,
(b) the provision of services for the carrying out of any inspection of any relevant school in the area required by the Education (Schools) Act 1992, and
(c) to defray the cost of employing or engaging staff in connection with—
(i) the application of income of the relevant trust assets for either of the purposes referred to in sub-paragraphs (a) and (b) above, or
(ii) the application of capital or income of the relevant trust assets for any of the purposes referred to in paragraph 1 above.
Section 298
General adaptations of enactments
1 References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the local education authority.
2 References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).
Modifications of enactments by regulations
3 Regulations may provide for any enactments relating to schools maintained by local education authorities (or schools including such schools)—
(a) to apply in relation to pupil referral units,
(b) to apply in relation to such units with such modifications as may be prescribed, or
(c) not to apply in relation to such units.
Registration
4 (1) A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.
(2) In this Schedule, “registered” means shown in the register kept under section 80 of the Education Act 1944.
Application of Local Government Act 1986
5 A pupil referral unit is a maintained school for the purposes of section 2A(1)(b) of the Local Government Act 1986 (prohibition on promoting homosexuality).
Curriculum
6 (1) Section 17 of the Education (No. 2) Act 1986 (duty of LEA to state policy) applies in relation to pupil referral units as it applies in relation to county schools.
(2) In relation to every pupil referral unit, the Secretary of State, the local education authority and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 1 of the Education Reform Act 1988 (balanced and broadly based curriculum) and of any other enactment which applies to the curriculum for pupil referral units.
(3) Each local education authority shall, with the approval of the Secretary of State, make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit—
(a) have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by or under any enactment referred to in sub-paragraph (2) above, or
(b) have failed to discharge any such duty.
(4) The Secretary of State shall not entertain under section 68 or 99 of the Education Act 1944 any complaint in respect of any local education authority, being a complaint—
(a) for which arrangements are required to be made under sub-paragraph (3) above, or
(b) that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit with any such duty as is referred to in that sub-paragraph,
unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.
Discipline
7 The teacher in charge of a pupil referral unit may on disciplinary grounds exclude a pupil from the unit.
Political indoctrination, political issues and sex education
8 Sections 44 to 46 of the Education (No. 2) Act 1986 (political indoctrination, treatment of political issues and sex education) apply in relation to pupil referral units as they apply in relation to county schools.
Charges
9 (1) Sections 106 to 111 and 118 of the Education Reform Act 1988 (charges) apply in relation to pupil referral units as if the references to governing bodies were omitted.
(2) Section 111(2)(b) of that Act shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “ for the time being ”.
Application of Environmental Protection Act 1990
10 A pupil referral unit is an educational institution for the purposes of Part IV of the Environmental Protection Act 1990 (litter).
Information
11 Each local education authority shall make available, on such occasions, and in such form and manner, as may be prescribed, to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.
Disapplication of Schedule 2
12 Schedule 2 to this Act does not apply in relation to pupil referral units or the provision for pupils at such units of board and lodging (whether at units or elsewhere).
Children with special educational needs
13 Sections 161(1) to (4), 162 and 168(5)(b) of this Act, and paragraph 3(4) of Schedule 10 to this Act, apply in relation to pupil referral units as they apply in relation to maintained schools.
School attendance orders
14 (1) Where a pupil referral unit is named in a school attendance order—
(a) the local education authority shall inform the teacher in charge of the unit, and
(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;
but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.
(2) The reference to a school in section 193(4) of this Act does not include a pupil referral unit.
(3) A local education authority shall, before deciding to specify a particular pupil referral unit in a notice under section 193(2) of this Act where another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority and, if they decide to specify the unit in the notice, they shall serve notice in writing of their decision on that authority.
(4) Section 194(7) and (8) of this Act applies where a notice is served on a local education authority under sub-paragraph (3) above as it applies where notice is served under subsection (6) of that section.
(5) The parent of a child in respect of whom a school attendance order is in force may not under section 195 of this Act request the local education authority to amend the order by substituting a pupil referral unit for the school named in the order.
(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 199 of this Act to the school at which he is a registered pupil shall be read as references to the unit.
Section 307.
The Children and Young Persons Act 1933 (c. 12)
1 Section 10 of the Children and Young Persons Act 1933 (vagrants preventing children from receiving education) is omitted.
2 In section 30(1)(a) of that Act (interpretation) for the words from “for the purposes” to the end of paragraph (a) there is substituted “ over compulsory school age (construed in accordance with section 277 of the Education Act 1993) ”.
The Education Act 1944 (c. 31)
3 The Education Act 1944 is amended as follows.
4 Section 1(1) (general duty of Secretary of State) is omitted.
5 In section 6(1) (local education authorities) the words from “Subject” to “Act” are omitted.
6 Section 9(5) (definition of special school) is omitted.
7 In section 15 (voluntary schools) for “the maintenance contribution payable by the Minister under this Act”, in subsections (2) and (5), there is substituted “ grants under section 281 of the Education Act 1993 ”.
8 In section 16(1) (transfer of schools to new sites, etc), “any county school or” and the words following “the new site” are omitted.
9 In section 26(4)(a) (special provisions as to religious education in county schools) after “particular” there is inserted “ religion or ”.
10 Section 35 (compulsory school age) is omitted.
11 Sections 37 (school attendance orders), 39 (duty of parents to secure regular attendance of registered pupils) and 40 (enforcement of school attendance) are omitted.
12 In section 50 (provision of board and lodging otherwise than at school)—
(a) in subsection (1) “by them” is omitted, and
(b) in subsection (2) after “with respect to the” there is inserted “ religion or ”.
13 In section 52 (recovery of cost of board and lodging otherwise than at school), in paragraph (a) of the proviso to subsection (1), “by the authority” is omitted.
14 In section 54 (power to ensure cleanliness)—
(a) in subsection (1) after “by them” there is inserted “ and grant-maintained schools within their area ”,
(b) in subsection (6) after “authority” there is inserted “ or at a grant-maintained school ”, and
(c) in subsection (7)—
(i) after “by the authority” there is inserted “ or at a grant-maintained school within the area of the authority ”, and
(ii) for “this Act” there is substituted “ Part IV of the Education Act 1993 ”.
15 In section 55 (transport), at end of subsection (3) there is added “ and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres ”.
16 Section 56 (power to provide education otherwise than at school) is omitted.
17 In section 58 (adaptation of enactments relating to employment of children) “for the purposes of this Act” is omitted.
18 In section 63(2) (exemption from local Acts and byelaws of buildings approved by the Secretary of State) after “plans for” there is inserted “ or particulars in respect of ”.
19 That subsection shall have effect as if the reference to plans approved by the Secretary of State included particulars given in pursuance of section 151(2)(b) of this Act.
20 In section 76 (pupils to be educated in accordance with the wishes of their parents)—
(a) for “this Act” there is substituted “ the Education Acts 1944 to 1993 ”, and
(b) before “and local education authorities” there is inserted “ the funding authorities ”.
21 In section 80(1) (registration of pupils at schools) after “to the Secretary of State” there is inserted “ to the funding authorities ”.
22 Sections 102 and 103 (contributions and grants by Secretary of State to aided and special agreement schools) are omitted.
23 In section 105 (power of Secretary of State to make loans to aided and special agreement schools in respect of initial expenditure)—
(a) in subsection (2)—
(i) in paragraph (c)(i) after “premises” there is inserted “ or on a transfer of the school to a new site ” and for “a maintenance contribution” there is substituted “ grants under section 281 of the Education Act 1993 ”,
(ii) in paragraph (c)(iii) for the words from “which” to the end there is substituted “ being expenses in respect of which grants under section 281 of the Education Act 1993 may be paid ”,
(iii) paragraph (d) is omitted, and
(iv) in the words following that paragraph, “maintenance contribution” is omitted and for “either of the last two foregoing sections” there is substituted “ section 281 of the Education Act 1993 ”, and
(b) in subsection (3) after “representative of any” there is inserted “ religion or ”.
24 In section 114 (interpretation)—
(a) in subsection (1)—
(i) for the definition of “compulsory school age” there is substituted—
“Compulsory school age” shall be construed in accordance with section 277 of the Education Act 1993
(ii) in the definition of “registered pupil”, for “pupil registered as such” there is substituted “ person registered as a pupil ”,
(iii) in the definition of “secondary school”, “primary or” is omitted, and
(iv) in the definition of “special educational needs” and “special educational provision”, for “1 of the Education Act 1981” there is substituted “ 156 of the Education Act 1993 ”, and
(b) for subsection (1E)(b) there is substituted—
(b) sections 25 to 27, 29, 37, 60, 63 and 65 of the Education Act 1993, paragraph 9 of Schedule 6 to that Act and Schedule 7 to that Act
.
25 In section 116 (saving as to persons of unsound mind and persons detained by order of a court) after “this Act” there is inserted “ or by or under the Education Act 1993 ”.
26 In the First Schedule (local administration) Part I is omitted.
27 In the Fifth Schedule (procedure for preparing and bringing into operation an agreed syllabus of religious education)—
(a) in paragraph 2(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”,
(b) in the proviso to paragraph 2 for “to represent other religious denominations” there is substituted “ under sub-paragraph (a) above ”,
(c) in paragraph 3 before “denomination”, in each place, there is inserted “ religion ”, and
(d) in paragraph 4—
(i) for “religious” there is substituted “ religion ”, and
(ii) for the words from “vacancy occurs” to the end there is substituted “ person resigns or is withdrawn from the committee the authority shall appoint someone in his place in the same manner as that in which they made the original appointment ”.
28 In the Eighth Schedule (amendment of enactments), the entry relating to section 10 of the Children and Young Persons Act 1933 is omitted.
The Education Act 1946 (c. 50)
29 In the First Schedule to the Education Act 1946 (maintenance of voluntary schools), in paragraph 2, for “section one hundred and three of the principal Act” there is substituted “ section 281 of the Education Act 1993 ”.
The Education (Miscellaneous Provisions) Act 1948 (c. 40)
30 Section 9 of the Education (Miscellaneous Provisions) Act 1948 (presumption of age in proceedings to enforce attendance at school) is omitted.
The Education (Miscellaneous Provisions) Act 1953 (c. 33)
31 In section 6(2) of the Education (Miscellaneous Provisions) Act 1953 (payment of tuition and boarding fees for pupils at non-maintained schools)—
(a) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”,
(b) for “not maintained by them or another local education authority” (in both places) there is substituted “ which is not a maintained school ”,
(c) for “schools maintained by them and schools maintained by other local education authorities” there is substituted “ maintained schools ”,
(d) for “provided by them” in paragraphs (a)(ii) and (b) there is substituted “ provided ”,
(e) paragraph (a)(iii) is omitted, and
(f) at the end there is added— “ and in this subsection “maintained school” means any school maintained by a local education authority and any grant-maintained or grant-maintained special school, and paragraph (b) does not apply where section 190(2) of the Education Act 1993 applies ”.
32 Section 10 of that Act (amendment of procedure for making school attendance orders) is omitted.
The Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49)
33 In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.
The Public Records Act 1958 (c. 51)
34 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there are inserted at the appropriate places—
Curriculum Council for Wales
,
Funding Agency for Schools
,
School Curriculum and Assessment Authority
, and
Schools Funding Council for Wales
.
The Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)
35 In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “1953” there is substituted “ 1993 ”.
The Factories Act 1961 (c. 34)
36 In section 176(1) of the Factories Act 1961 (general interpretation) for the definition of “child” there is substituted—
“child” means any person who is not over compulsory school age (construed in accordance with section 277 of the Education Act 1993) or over school age for the purposes of the Education (Scotland) Act 1946
.
The Education Act 1962 (c. 12)
37 Section 9 of the Education Act 1962 (school leaving dates in England and Wales) is omitted.
The Education Act 1964 (c. 82)
38 (1) Section 1 of the Education Act 1964 (middle schools) is amended as follows.
(2) In subsection (1), after “1980” there is inserted “ proposals with respect to a grant-maintained school or proposed grant-maintained school are submitted to the Secretary of State under sections 48, 49, 96 or 97 of the Education Act 1993 or proposals with respect to a county school are published under section 272 of that Act ”.
(3) In subsection (3), for “1962” there is substituted “ 1993 ”.
The Education Act 1967 (c. 3)
39 Section 1 of the Education Act 1967 (extended powers of Secretary of State to make contributions etc.) is omitted.
The Criminal Justice Act 1967 (c. 80)
40 In Schedule 3 to the Criminal Justice Act 1967 (increase of fines), the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944 are omitted.
The Education Act 1968 (c. 17)
41 In section 1(1) of the Education Act 1968 (changes to character, size or situation of schools) for “1967” there is substituted “ 1993 ”.
The Children and Young Persons Act 1969 (c. 54)
42 Paragraphs 2 and 13 of Schedule 5 to the Children and Young Persons Act 1969 (minor and consequential amendments of enactments) are omitted.
The Local Authorities (Goods and Services) Act 1970 (c. 39)
43 (1) Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include the School Curriculum and Assessment Authority and the Curriculum Council for Wales.
(2) The provision in sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).
The Local Authority Social Services Act 1970 (c. 42)
44 At the end of Schedule 1 to the Local Authority Social Services Act 1970 (enactment conferring functions assigned to social service committee) there is added—
Education Act 1993. | Help for local education authority in exercising functions under Part III of the Act | Section 166.
.
The Education (Handicapped Children) Act 1970 (c. 52)
45 In section 1(1)(b) of the Education (Handicapped Children) Act 1970 (mentally handicapped children) for the words from “for purposes” to the end of paragraph (b) there is substituted “ of compulsory school age (construed in accordance with section 277 of the Education Act 1993) ”.
The Superannuation Act 1972 (c. 11)
46 Employment with a funding authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—
The Funding Agency for Schools.
The Schools Funding Council for Wales.
47 A funding authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to paragraph 46 above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
48 Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 5 of Schedule 1 to this Act).
The Local Government Act 1972 (c. 70)
49 Section 101(9)(a) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) is omitted.
50 In section 104(2)(a) of that Act (teachers not disqualified for being members of committees) for “for the purposes of the enactments relating to education” there is substituted “ wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities ”.
The Education Act 1973 (c. 16)
51 Section 1(2)(b) of the Education Act 1973 (general provisions as to educational trusts) is omitted.
52 In section 2 of that Act (special powers as to certain trusts for religious education)—
(a) in subsection (1)(a) after “particular” there is inserted “ religion or ”,
(b) in subsection (1A)(b)—
(i) before “denomination” there is inserted “ religion or ”, and
(ii) for “85 or 86 of the Education Reform Act 1988” there is substituted “ 139 or 140 of the Education Act 1993 ”,
(c) in subsections (1C), (2) and (4) before “denomination”, in each place where it occurs, there is inserted “ religion or ”, and
(d) in subsection (9) for “1971” there is substituted “ 1993 ”.
The Matrimonial Causes Act 1973 (c. 18)
53 In section 29(2)(a) of the Matrimonial Causes Act 1973 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.
The Education (Work Experience) Act 1973 (c. 23)
54 In section 1(4) of the Education (Work Experience) Act 1973 (interpretation)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for the words from “by virtue of” to the end there is substituted “ he would cease to be of compulsory school age ”.
The House of Commons Disqualification Act 1975 (c. 24)
55 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—
(a) there are inserted at the appropriate places—
Any member of an education association in receipt of remuneration
,
Any member of the Funding Agency for Schools in receipt of remuneration
, and
Any member of the Schools Funding Council for Wales in receipt of remuneration
, and
(b) for the entry relating to the National Curriculum Council there is substituted—
Any member of the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993 in receipt of remuneration
.
The Sex Discrimination Act 1975 (c. 65)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56
57 After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—
Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.
23C It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.
58 In section 24(2)(d) of that Act (designated establishments) after “school age” there is inserted “ (construed in accordance with section 277 of the Education Act 1993) ”.
59 In section 25 of that Act (general duty in public sector of education)—
(a) in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and
(b) after subsection (6)(d) there is added—
(e) the Funding Agency for Schools and the Schools Funding Council for Wales.
.
60 In section 82(1) of that Act (general interpretation) the definition of “upper limit of compulsory school age” is omitted.
61 In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.
62 (1) Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.
(2) Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—
(a) paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and
(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.
(3) Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—
(a) if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and
(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,
and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.
(4) Where proposals made by the Secretary of State under section 234 of this Act—
(a) are for a school to cease to be an establishment which admits pupils of one sex only, and
(b) have effect as mentioned in section 236(3) of this Act,
the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.
(5) Where—
(a) by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and
(b) the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),
paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.
(6) In this paragraph—
“responsible body” has the same meaning as in section 22 of the 1975 Act,
“the 1975 Act” means the Sex Discrimination Act 1975, and
“transitional exemption order” has the same meaning as in section 27 of the 1975 Act,
and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).
The Education (School-leaving Dates) Act 1976 (c. 5)
63 The Education (School-leaving Dates) Act 1976 is repealed.
The Race Relations Act 1976 (c. 74)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64
65 After section 18B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—
Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.
18C It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes racial discrimination.
66 In section 19 of that Act (general duty in public sector of education)—
(a) in subsections (2) and (4) for “and 18” there is substituted “ 18, 18A and 18C ”, and
(b) after subsection (6)(d) there is added—
(e) the Funding Agency for Schools and the Schools Funding Council for Wales.
.
67 In section 78(1) of that Act (general interpretation) the definition of “upper limit of compulsory school age” is omitted.
The Criminal Law Act 1977 (c. 45)
68 In Schedule 6 to the Criminal Law Act 1977 (increase of fines for certain summary offences) the entry relating to the Education Act 1944 is omitted.
The National Health Service Act 1977 (c. 49)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69
70 In paragraph 1(a)(ii) of Schedule 1 to that Act (medical and dental inspection and treatment of pupils etc.) for the words from “special arrangements” to “1981” there is substituted “ section 163 or 298 of the Education Act 1993 ”.
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
71 In section 5(2)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.
The Education Act 1980 (c. 20)
72 The Education Act 1980 is amended as follows.
73 In section 7 (appeals against admission decisions) after “functions” there is inserted “ (other than a decision leading to or embodied in a direction under section 13 of the Education Act 1993) ”.
74 In section 9(2) (nursery schools and special schools) for “7 of the Education Act 1981” there is substituted “ 168 of the Education Act 1993 ”.
75 Sections 10 (determination of school to be named in school attendance order) and 11 (amendment of school attendance order) are omitted.
76 In section 13(1) (establishment and alteration of voluntary schools) “after consultation with the authority” is omitted.
77 In section 14 (approval of school premises)—
(a) in subsection (1)(c), after “school” there is inserted “ or the transfer of a school to a new site ”, and
(b) subsection (4) is omitted.
78 In section 16 (provisions supplementary to sections 12 to 15), after subsection (1) there is inserted—
(1A) Subsection (1) above does not apply to the transfer of a school to a new site—
(a) if the transfer is authorised by an order under section 16(1) of the Education Act 1944,
(b) if at the time of transfer the school is intended to return to the existing site within three years, or
(c) if in the case of a county school the new site is in the same area and the local education authority are satisfied that it is expedient that the school should be transferred to the new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the prescribed standards or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning.
79 In section 22 (school meals) after subsection (4) there is inserted—
(4A) Where the governing body of a school which has a delegated budget within the meaning of Chapter III of Part I of the Education Reform Act 1988 provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they—
(a) must charge for anything so provided,
(b) must charge every pupil the same price for the same quantity of the same item, and
(c) must charge every person other than a pupil the same price for the same quantity of the same item.
80 Paragraph 10 of Schedule 1 (school government: consequential amendments) is omitted.
81 In paragraph 1(3) and (4) of Schedule 2 (constitution of appeal committees) “or of any education committee of the authority”, in each place where it occurs, is omitted.
The Education Act 1981 (c. 60)
82 The Education Act 1981 is repealed except for sections 2(1), 11(1) and 17, the definition of “principal Act” in section 20(1), sections 20(2) and (3) and 21, paragraph 1 of Schedule 2, paragraphs 3, 4, 6, 7, 8(1) and (2)(b) and (d), 11, 12 and 14 of Schedule 3 and Schedule 4.
The Representation of the People Act 1983 (c. 2)
83 In paragraph 22(1)(i) of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) after “authority” there is inserted “ a grant-maintained school ”.
The Value Added Tax Act 1983 (c. 55)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84
The Registered Homes Act 1984 (c. 23)
85 In section 1(6) of the Registered Homes Act 1984 (requirement of registration: independent schools) for “11(3)(a) of the Education Act 1981” there is substituted “ 189(1) of the Education Act 1993 ”.
The Building Act 1984 (c. 55)
86 In section 4(1)(a) of the Building Act 1984 (exemption of educational buildings etc.) for the words from “plans” to the end there is substituted—
(i) plans that have been approved by the Secretary of State,
(ii) particulars submitted and approved under section 14 of the Education Act 1980 or under regulations made under section 218(7) of the Education Reform Act 1988,
(iii) particulars approved or adopted under section 51, 99 or 185 of the Education Act 1993, or
(iv) particulars given in a direction under section 151 of that Act.
The Disabled Persons (Services, Consultation and Representation) Act 1986(c. 33)
87 In section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education)—
(a) in subsection (1)(a) after “1981” there is inserted “ or 168 of the Education Act 1993 ”,
(b) in subsection (8)—
(i) for “4 of Schedule 1 to the Education Act 1981” there is substituted “ 7 of Schedule 10 to the Education Act 1993 ”, and
(ii) for “made under section 7” there is substituted “ maintained under section 168 ”, and
(c) in subsection (9) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.
The Education (No. 2) Act 1986 (c. 61)
88 The Education (No. 2) Act 1986 is amended as follows.
89 In section 5(4)(b) (appointment of parent governors by governing body) the words after “by the authority” are omitted.
90 In section 9(5) (grouping)—
(a) at the end of paragraph (a) there is inserted
or
(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)
,
and “or” at the end of sub-paragraph (ii) is omitted, and
(b) paragraph (b) is omitted,
and that section shall have effect as if the transfer of a school to a new site in pursuance of section 16(1A)(c) of the Education Act 1980 were an alteration of a kind mentioned in subsection (5) of that section.
91 In section 11 (reviews)—
(a) after subsection (2)(a)(iii) there is inserted
or
(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)
,
and “or” at the end of sub-paragraph (ii) is omitted,
(b) subsection (2)(b) is omitted,
(c) in subsection (2)(c) “or (b)” is omitted,
(d) in subsections (3) and (6), for “(b)” there is substituted “ (iv) ”, and
(e) subsection (7) is omitted.
92 In section 12 (temporary governing bodies)—
(a) in subsection (1)(a) after “the 1980 Act” there is inserted “ or section 184 of the Education Act 1993 ”,
(b) in subsection (2)(a)(i) after “school” there is inserted “ or a new school which is specially organised to make special educational provision for pupils with special educational needs ”,
(c) subsection (3) is omitted, and
(d) in subsection (4) after “published” there is inserted “ or, as the case may be, notice of the proposal has been duly served ”.
93 In section 13 (effect of change of circumstances), in subsection (2), “or (b)” is omitted.
94 In section 18 (review of curriculum), for subsection (7)(b) there is substituted—
(b) the implementation of any proposal under section 183 of the Education Act 1993 (establishment, alteration and discontinuance of maintained special schools)
.
95 In section 22 (discipline), in paragraph (a)(ii) after “behaviour” there is inserted “ and respect for others ”.
96 In section 23 (exclusions) “or indefinite” in paragraphs (a)(ii) and (b) is omitted.
97 In section 24 (reinstatement in county etc. schools)—
(a) in paragraph (a)(i), for “after consulting the governing body” there is substituted “ (after giving the governing body an opportunity to express their views and after considering any views expressed within the prescribed period by the governing body) ”,
(b) in paragraph (b), for “an exclusion which is for an indefinite period or is permanent” there is substituted “ permanent exclusion ”,
(c) paragraphs (c) and (e) are omitted, and
(d) in paragraph (f), “or (c)” is omitted.
98 In section 25 (reinstatement in aided etc. schools)—
(a) in paragraph (c), for “consult the governing body” there is substituted “ give the governing body an opportunity to express their views and to consider any views expressed within the prescribed period by the governing body ”, and
(b) paragraphs (d), (e) and (f) are omitted.
99 Regulations may provide that, where a local education authority or governing body of a school are required under section 24 or 25 of that Act to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.
100 In section 38 (duties of local education authority and governing body in relation to appointment of staff)—
(a) in subsection (4)(c) the words after “to the post” are omitted, and
(b) in subsection (6)(b) “or (4)(c)(ii)” is omitted,
and any provision made by virtue of subsection (4)(c)(ii) of that section in the articles of government for any county, controlled, special agreement or maintained special school shall cease to have effect.
101 In section 47 (abolition of corporal punishment)—
(a) in subsection (5)(b), for the words from “primary” (where first mentioned) to “full-time” there is substituted “ education ”, and
(b) at the end of subsection (6)(b) there is added “ or by the funding authority or a local education authority under paragraph 9 or 10 of Schedule 2 to the Education Act 1993 ”.
102 In section 50 (grants for teacher training, etc.)—
(a) in subsection (2)(b) for “capacity as an employee of the kind in question” there is substituted “ employment ”, and
(b) the following are omitted—
(i) in subsection (3)(c) “local education authorities, and other”, and
(ii) subsection (4).
103 In section 51 (recoupment)—
(a) in subsection (8) for the words from the beginning to “references to” there is substituted “ The reference in subsection (2) above to further education does not include a reference to ”,
(b) subsection (9) is omitted,
(c) in subsection (10) for “pupil” there is substituted “ person ”,
(d) in subsection (11) for “this section” there is substituted “ the regulations ”, and
(e) subsection (13) is omitted.
104 In section 52 (recoupment: cross-border provisions) for subsection (2) there is substituted—
(2) Section 51(3) and (4) of this Act applies for the purposes of this section as it applies for the purposes of that
.
105 In section 54(12) (change of status of controlled school to aided school) paragraph (f) is omitted.
106 In section 58(1) (travelling and subsistence allowances for governors), in paragraph (a) for “county, voluntary and maintained special schools” there is substituted “ any county, voluntary or maintained special school which does not have a delegated budget (construed in accordance with section 33(6)(b) of the Education Reform Act 1988) ”.
107 In section 63 (orders and regulations)—
(a) in subsection (3) for “or different circumstances” there is substituted “ circumstances or areas ”, and
(b) subsection (4) is omitted.
108 In section 65(1) (interpretation) the definition of “the 1981 Act” is omitted.
109 Schedule 2 (new schools) is amended as follows—
(a) in paragraph 2(1)(b) for “section 4” there is substituted “ sections 4 and 4A ”,
(b) in paragraph 2(2)—
(i) after “4” there is inserted “ 4A ”, and
(ii) paragraph (b) is omitted,
(c) in paragraph 5(2), for “12(3) or (4)” there is substituted “ 12(4) ” and in paragraph (b) the words after “proposal” are omitted,
(d) in paragraph 7(7) the words after “by the authority” are omitted, and
(e) in paragraph 9 after “Any person” there is inserted “ other than a person who is to be named in the instrument of government as a sponsor of the school ”.
The Local Government Act 1988 (c. 9)
110 Section 1(1)(j) of the Local Government Act 1988 (defined authorities) is omitted.
111 In Schedule 2 to that Act the words from “A joint education committee” to “1944” are omitted.
The Education Reform Act 1988 (c. 40)
112 The Education Reform Act 1988 is amended as follows.
113 In section 3(3) (foundation subjects and key stages)—
(a) for “and (5)” there is substituted “ (5) and (5A) ”, and
(b) in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.
114 In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.
115 In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.
116 In section 11 (standing advisory councils on religious education)—
(a) in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and
(b) at the end of that section there is added—
(13) The council shall send a copy of each report published by them under subsection (9) above—
(a) in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and
(b) in the case of a council for an area in Wales, to the Curriculum Council for Wales.
117 In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.
118 Section 14 (establishment of curriculum and assessment councils) is amended as follows—
(a) in subsection (2) for “Each” there is substituted “ The ”,
(b) in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—
(ca) to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;
,
(c) in subsection (5) for “a” there is substituted “ the ”,
(d) in subsection (6) for “each” there is substituted “ the ”, and
(e) in subsection (7) for “each” there is substituted “ the ”.
119 In section 16 (development work and experiments)—
(a) in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and
(b) at the end there is added—
(6) In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.
.
120 In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.
121 In section 19 (temporary exceptions for individual pupils)—
(a) in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and
(b) in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.
122 (1) Section 20 (procedure for making certain orders: England) is amended as follows.
(2) In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.
(3) For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.
123 In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.
124 In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.
125 In section 36 (delegation to governing body of management of school’s budget share)—
(a) in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and
(b) after subsection (5A) there is inserted—
(5B) Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.
126 Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).
127 In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.
128 In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.
129 In section 111 (charges for board and lodging at boarding schools)—
(a) in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,
(b) in subsection (2), for paragraph (b) and the words following it there is substituted—
(b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,
then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school
,
(c) for subsection (3)(b) there is substituted—
(b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him
,
(d) subsection (4) is omitted, and
(e) in subsection (5)—
(i) for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and
(ii) in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.
130 In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131
132 In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.
133 In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.
134 In section 198 (transfers under Parts I and II)—
(a) in subsection (1)—
(i) “74” is omitted, and
(ii) after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and
(b) in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.
135 Section 200 (grant-maintained schools: school property) is omitted.
136 In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.
137 In section 230 (stamp duty) the following are omitted—
(a) in subsection (1) the words from “section 74” to “96(2)”, and
(b) subsections (2), (3) and (4)(b).
138 In section 232 (orders and regulations)—
(a) in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and
(b) the following are omitted—
(i) in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and
(ii) in subsection (4)(b) “52(7)”.
139 In section 235 (general interpretation) the following are omitted—
(a) in subsection (1)—
(i) the definition of “the 1981 Act”, and
(ii) in the definition of “transfer date”, “74(9)”,
(b) in subsection (3)(b) “subject to section 75(2) of this Act”, and
(c) in subsection (5) “74”.
140 Paragraph 9 of Schedule 1 is omitted.
141 In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—
(b) shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
142 For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—
(b) less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.
143 Schedule 5 is omitted.
144 In Schedule 10 (supplementary provisions with respect to transfers)—
(a) in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,
(b) in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,
(c) in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,
(d) in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and
(e) in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.
145 In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.
The Employment Act 1989 (c. 38)
146 In section 10(6) (removal of restrictions relating to employment of young persons) for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.
The Children Act 1989 (c. 41)
147 Section 27(4) of the Children Act 1989 (duty of local authority to assist local education authority) is omitted.
148 In section 28(4) of that Act (local authority support for children and families: consultation with local education authorities) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.
149 In section 36(8) of that Act (consultation in respect of education supervision orders) the words from “social” to “of the” are omitted.
150 In section 105(1) of that Act (interpretation), in the definition of “special educational needs” for “1981” there is substituted “ 1993 ”.
151 In paragraph 3 of Schedule 2 to that Act (local authority support for children and families: assessment of children’s needs) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.
152 In Part III of Schedule 3 to that Act (education supervision orders), in paragraph 13—
(a) in sub-paragraph (1) for the words from “sections” to “children and” there is substituted “ section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty ”, and
(b) in sub-paragraph (2)—
(i) in paragraph (a)(i) for “37 of the Act of 1944” there is substituted “ 192 of that Act ”,
(ii) in paragraph (b)(i) for “37” there is substituted “ 192 ”, and
(iii) in paragraph (b)(ii) for “that Act” there is substituted “ the Education Act 1944 ”.
153 In paragraph 3(3) of Schedule 9 (child minding and day care: exemption of certain schools) for “section 52(3) of the Education Reform Act 1988” there is substituted “ the Education Act 1993 ”.
154 Paragraphs 4 and 36 of Schedule 12 to that Act (minor amendments) are omitted.
155 Paragraphs 4 and 8 of Schedule 13 to that Act (consequential amendments) are omitted.
The Local Government and Housing Act 1989 (c. 42)
156 In section 13 of the Local Government and Housing Act 1989 (voting rights of members of committees)—
(a) subsection (2)(b) is omitted,
(b) for subsection (5) there is substituted—
(5) Nothing in this section shall prevent the appointment of a person who is not a member of a local education authority as a voting member of—
(a) any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,
(b) any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or
(c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,
where that appointment is required by directions given by the Secretary of State under section 297 of the Education Act 1993 (power of Secretary of State to direct appointment of members of committees).
,
(c) subsection (6) is omitted, and
(d) in subsection (7) for “education committee or sub-committee of an education committee” there is substituted “ committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection ”.
157 In Schedule 1 to that Act (political balance on local authority committees) in paragraph 4—
(a) in sub-paragraph (1)—
(i) the definition of “education committee” is omitted, and
(ii) in paragraph (a) of the definition of “ordinary committee”, “education committee, their” is omitted, and
(b) in sub-paragraph (2) in paragraph (a) of the definition of “ordinary committee”, “education committee or” is omitted.
158 Paragraph 98 of Schedule 11 to that Act (minor and consequential amendments) is omitted.
The Planning (Consequential Provisions) Act 1990 (c. 11)
159 Paragraph 78 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (consequential amendments) is omitted.
The National Health Service and Community Care Act 1990 (c. 19)
160 Paragraph 22 of Schedule 9 to the National Health Service and Community Care Act 1990 (minor and consequential amendments) is omitted.
The School Teachers’ Pay and Conditions Act 1991 (c. 49)
161 In section 2 of the School Teachers’ Pay and Conditions Act 1991 (orders relating to statutory conditions of employment), in subsections (6) and (7) for “section 3” there is substituted “ sections 3 and 3A ”.
The Diocesan Boards of Education Measure 1991 (1991 No. 2)
162 The Diocesan Boards of Education Measure 1991 is amended as follows.
163 In section 3 (transactions for which advice or consent of Diocesan Board required)—
(a) in subsection (4) for the words from “by a resolution” to the end there is substituted
to hold a meeting to consider whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, it shall—
(a) give to the secretary of the Board for the diocese in which the school is situated at least seven days’ notice that such a meeting is to be held at such time and place as is specified in the notice, and
(b) have regard to any relevant advice given by the Board, when considering at the meeting whether to hold a ballot of parents on that question,
and in paragraph (b) above, “relevant advice” means advice given in connection with the acquisition of grant-maintained status for the school whether given for the purposes of that school or for Church of England voluntary schools generally
,
(b) in subsection (5) for “89 of the 1988 Act” there is substituted “ 96 of the Education Act 1993 ”, and
(c) in subsection (6) “or (4)” is omitted.
164 In section 5 (proposals for acquisition of grant-maintained status)—
(a) for “subsection (5) of section 62 of the 1988 Act” there is substituted “ paragraph 2 of Schedule 3 to the Education Act 1993 ”, and
(b) for “the advice given by the Board under section 3(4) above” there is substituted “ any relevant advice (defined in section 3(4) above) given by the Board ”.
165 In section 6(2) (Board to be consulted in certain cases) for “102 of the 1988 Act” there is substituted “ 136 of the Education Act 1993 ”.
166 In section 7(3) (powers of Board to give directions to governing bodies of aided church schools) for “1988” there is substituted “ 1993 ”.
167 In section 10 (interpretation)—
(a) for the definition of “church school” in subsection (1) there is substituted—
“church school” means—
(a) a Church of England voluntary school,
(b) a grant-maintained school which was such a voluntary school immediately before it became grant-maintained,
(c) a grant-maintained school established in pursuance of proposals published under section 49 of the Education Act 1993 where either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to that Act provides for religious education at the school to accord with the faith and practice of the Church of England, or
(d) a grant-maintained school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the faith and practice of the Church of England are approved under section 98 of that Act
, and
(b) in subsection (3)—
(i) after “the 1988 Act” there is inserted “ or the Education Act 1993 ”, and
(ii) for “that Act” there is substituted “ those Acts ”.
The Further and Higher Education Act 1992 (c. 13)
168 Section 13 of the Further and Higher Education Act 1992 (provision of further education in grant-maintained schools) is omitted.
169 Section 59(5) of that Act (changes to special schools) is omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
170
171 In Schedule 8 to that Act (minor and consequential amendments)—
(a) paragraphs 18 and 29 are omitted, and
(b) in paragraph 62(3) after “this Act” there is inserted “ or (as the case may be) the Education Act 1993 ”.
The Local Government Finance Act 1992 (c. 14)
172 Paragraph 58 of Schedule 13 to the Local Government Finance Act 1992 (minor and consequential amendments) is omitted.
The Education (Schools) Act 1992 (c. 38)
173 (1) In section 9 of the Education (Schools) Act 1992 (schools inspection)—
(a) in subsection (3) in paragraph (e) for the words from “11(3)(a)” to the end there is substituted “ 189(1) of the Education Act 1993 (approval of independent schools for children with statements) ”,
(b) at the end of subsection (6) there is inserted “ or to the content of collective worship which falls to be inspected under section 13 ”, and
(c) in subsection (7) for “section” there is substituted “ Act ”.
(2) Schedule 2 to that Act is amended as follows.
(3) In paragraph 1, for the words from “body” (at the end of the definition of “appropriate authority”) to the end there is substituted—
“inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),
“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and
“section 9 inspection” means an inspection under section 9,
and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education.
(4) For “an inspection” in paragraphs 2, 3(5), 4(1), 5(1), 6 and 7 there is substituted “ a section 9 inspection ” and for “Every inspection” in paragraph 3(1) there is substituted “ Every section 9 inspection ”.
(5) For paragraph 9 there is substituted—
9 (1) Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.
(2) Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.
(3) If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.
(4) The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.
(5) Where—
(a) the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but
(b) the inspector remains of the opinion that special measures are required to be taken in relation to the school,
the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.
(6) Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.
(7) A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall—
(a) state his opinion, and
(b) state whether the Chief Inspector agrees or disagrees with his opinion.
(8) If a report of an inspection of a school by a registered inspector is made in circumstances where—
(a) he is of the opinion that special measures are not required to be taken in relation to the school, but
(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,
the person making the report shall state his opinion in the report.
9A (1) Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall—
(a) prepare in writing a report of the inspection and a summary of the report, and
(b) state his opinion in the report.
(2) If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—
(a) he is of the opinion that special measures are not required to be taken in relation to the school, but
(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,
the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.
(3) A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.
(4) If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—
(a) he is of the opinion that special measures are not required to be taken in relation to the school, but
(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,
the member of the Inspectorate shall state his opinion in the report.
9B (1) The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).
(2) The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.
(3) The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—
(a) the inspector,
(b) the appropriate authority, and
(c) the Secretary of State, except in the case of a maintained nursery school.
(4) This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.
9C (1) In the case of a report of a section 9 inspection of a school, the person making it shall without delay—
(a) send a copy of the report together with the summary of it to the appropriate authority for the school, and
(b) if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.
(2) In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.
(3) In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).
(4) In the case of—
(a) a special school which is not a maintained or grant-maintained special school, or
(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),
the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.
(5) The appropriate authority shall—
(a) make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,
(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and
(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.
(6) For paragraphs 10 and 11 there is substituted—
10 (1) Where—
(a) a report of a section 9 inspection of a school, or
(b) a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,
is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
(2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—
(a) such period as may be prescribed, or
(b) if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,
but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.
(3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—
(a) to the Chief Inspector,
(b) to the Secretary of State, except in the case of a maintained nursery school, and
(c) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.
(4) In the case of—
(a) a special school which is not a maintained or grant-maintained special school, or
(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),
the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.
(5) The appropriate authority shall—
(a) make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,
(b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and
(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.
11 (1) This paragraph applies in circumstances where—
(a) in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,
(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,
(c) a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and
(d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.
(2) Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.
(3) The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.
(4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.
(5) In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—
(a) states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or
(b) states that, in the opinion of that person, special measures are not required to be taken in relation to the school,
the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.
(7) For paragraph 12 there is substituted—
12 (1) Where an inspection of a school is required under section 9 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.
(2) Where an inspection is conducted by a member of the Inspectorate by virtue of this paragraph, this Act shall have effect (unless the context otherwise requires) in relation to the inspection as if the member of the Inspectorate were a registered inspector.
(3) If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 6(2)(b) or 7(1), that inspection shall be treated for the purposes of section 9(1) and (2) and this Part of this Schedule as if it were an inspection under section 9 and the member of the Inspectorate were a registered inspector
.
(8) In paragraph 14(4)—
(a) in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and
(b) in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.
(9) In paragraph 15(3)—
(a) in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and
(b) in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.
The Tribunals and Inquiries Act 1992 (c. 53)
174 In paragraph 15(c) of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals), for “section 58(5)(d) of the Education Reform Act 1988 (c. 40)” there is substituted “ paragraph 5(1) of Schedule 6 to the Education Act 1993 ”.
The Charities Act 1993 (c. 10)
175 In Schedule 2 to the Charities Act 1993 (exempt charities) after paragraph (d) there is inserted—
(da) the School Curriculum and Assessment Authority;
.
Section 307.
Instruments and articles for grant-maintained schools incorporated under the old law
1 (1) This paragraph applies in relation to a grant-maintained school the governing body of which were incorporated under Chapter IV of Part I of the Education Reform Act 1988.
(2) If at the commencement of section 56 of this Act both an instrument of government and articles of government have been made for the school under that Chapter the instrument and articles so made—
(a) shall have effect as if they contained such modifications as may be required by an order under section 308 of this Act, and
(b) shall (as so modified) have effect as if made by an order under section 57 of this Act and in accordance with Part II of this Act.
(3) If sub-paragraph (2) above does not apply—
(a) the instrument and articles of government prescribed by virtue of section 56 of this Act shall have effect as from the commencement of that section, and
(b) Part III of Schedule 7 to this Act shall have effect while those instruments are in force with such modifications as may be required by an order under section 308 of this Act.
Grants: transitional arrangements
2 (1) A commencement order may provide for any functions conferred on the Secretary of State by or under the old grants code or the transitory grants code for Wales, so far as relating to any amounts which—
(a) fall, or may fall, to be paid in a financial year for which section 81 of this Act has effect or, as the case may be, after the commencement of section 82 or 83 of this Act, or
(b) have been paid by the Secretary of State,
in respect of any grant under that code, to be exercisable instead by the funding authority.
(2) The order may provide for functions exercisable by the funding authority by virtue of sub-paragraph (1) above to be exercised in accordance with the order.
(3) In this paragraph—
“commencement order” means, in relation to England, an order under section 308 of this Act and, in relation to Wales, an order under section 4 of this Act,
“the old grants code” means sections 79 and 80 of the Education Reform Act 1988 as they apply in relation to England, and
“the transitory grants code for Wales” means sections 86 to 91 of this Act.
Meaning of “funding authority” before Funding Agency for Schools begin to exercise functions
3 (1) Before the Funding Agency for Schools begin to exercise their functions, references in the relevant provisions to the funding authority shall be read in relation to schools in England or the governing bodies of such schools as references to the Secretary of State.
(2) The relevant provisions are—
(a) paragraph 1(3) of Schedule 3 to this Act, and
(b) paragraph 6 of Schedule 4 to this Act.
Education committees etc and members of those committees
4 (1) Sub-paragraph (2) below applies to—
(a) any education committee established in accordance with paragraph 1 of Part II of the First Schedule to the Education Act 1944, and
(b) any sub-committee of any such committee appointed in accordance with paragraph 10 of that Part,
which is in existence immediately before the commencement of section 296 of this Act.
(2) Any committee or sub-committee to which this sub-paragraph applies shall, for the purposes of any enactment, be treated as if it had been—
(a) appointed at the commencement of that section—
(i) in the case of a committee, by the local authority, or
(ii) in the case of a sub-committee, by the committee appointed by the authority,
in accordance with section 102(1) of the Local Government Act 1972, and
(b) so appointed wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority or, as the case may be, the committee’s functions with respect to education.
(3) Sub-paragraph (4) below applies to any person who is immediately before the commencement of section 296 of this Act a member of an education committee or sub-committee of such a committee appointed for a term of office.
(4) Any person to whom this sub-paragraph applies shall, for the purposes of any enactment, be treated—
(a) as if he had been appointed at the commencement of that section as a member of a committee or sub-committee appointed as mentioned in sub-paragraph (2) above for the residue of that term, and
(b) if he was a member of an education committee or sub-committee by virtue of directions given by the Secretary of State under paragraph 5A of Part II of the First Schedule to the Education Act 1944, as if he had been appointed at the commencement of that section as a member of a committee or sub-committee appointed as mentioned in sub-paragraph (2) above by virtue of directions given by the Secretary of State under section 297 of this Act.
Lay members for existing admission appeal committees
5 Paragraph 13(4) of Schedule 5 to this Act does not apply to any appeal committee constituted, before the commencement of that Schedule, in accordance with the instrument of government for any grant-maintained school for the purposes referred to in section 58(5)(d) of the Education Reform Act 1988 (articles of government - admission appeal committees) while all the members of the committee are persons who were nominated before commencement.
6 No amendment made by Schedule 16 to this Act applies to any appeal committee while all the members of the committee are persons who were nominated before the commencement of the amendment.
General
7 The provisions of this Schedule are without prejudice to the generality of section 301(6) of this Act.
Sections 303 and 307.
Part I REPEALS CONSEQUENTIAL ON PARTS II, III AND IV
Chapter | Short title | Extent of repeal
1933 c. 12. | The Children and Young Persons Act 1933. | Section 10.
1944 c. 31. | The Education Act 1944. | Sections 9(5), 37, 39 and 40.In the Eighth Schedule, the entry relating to section 10 of the Children and Young Persons Act 1933.
1948 c. 40. | The Education (Miscellaneous Provisions) Act 1948. | Section 9.
1953 c. 33. | The Education (Miscellaneous Provisions) Act 1953. | Section 10.
1967 c. 80. | The Criminal Justice Act 1967. | In Schedule 3, the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944.
1969 c. 54. | The Children and Young Persons Act 1969. | In Schedule 5, paragraphs 2 and 13.
1973 c. 16. | The Education Act 1973. | Section 1(2)(b).
1977 c. 45. | The Criminal Law Act 1977. | In Schedule 6, the entry relating to the Education Act 1944.
1980 c. 20. | The Education Act 1980. | Sections 10 and 11.In Schedule 1, paragraph 10.
1981 c. 60. | The Education Act 1981. | The whole Act except for sections 2(1), 11(1) and 17, the definition of “principal Act” in section 20(1), sections 20(2) and (3) and 21, paragraph 1 of Schedule 2, paragraphs 3, 4, 6, 7, 8, (1) and (2)(b) and (d), 11, 12 and 14 of Schedule 3 and Schedule 4.
1986 c. 61. | The Education (No. 2) Act 1986. | In section 9(5), the “or” at the end of paragraph (a)(ii), and paragraph (b).In section 11, the “or” at the end of subsection (2)(a)(ii), subsection (2)(b), “or (b)” in subsection (2)(c) and subsection (7).Section 12(3).In section 13(2), “or (b)”.In section 65(1) the definition of “the 1981 Act”.In Schedule 2, paragraph 2(2)(b) and, in paragraph 5(2)(b), the words after “proposal”.
1988 c. 40. | The Education Reform Act 1988. | Chapter IV of Part I except for section 100(2) and (4).In section 119(2), “52(4), 89 or 92”.In section 198(1) “74”.Section 200.In section 230, the words in subsection (1) from “section 74” to “96(2)” and subsections (2), (3) and (4)(b).In section 232, in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102” and in subsection (4)(b) “52(7)”.In section 235, in subsection (1) the definition of “the 1981 Act” and, in the definition of “transfer date”, “74(9)”, in subsection (3)(b) “subject to section 75(2) of this Act”, and in subsection (5) “74”.In Schedule 1, paragraph 9.Schedule 5.In Schedule 12, paragraphs 26 to 28, 33 and 83 to 85.
1989 c. 41. | The Children Act 1989. | In Schedule 12, paragraphs 4 and 36.In Schedule 13, paragraphs 4 and 8.
1989 c. 42. | The Local Government and Housing Act 1989. | In Schedule 11, paragraph 98.
1990 c. 11. | The Planning (Consequential Provisions) Act 1990. | In Schedule 2, paragraph 78.
1990 c. 19. | The National Health Service and Community Care Act 1990. | In Schedule 9, paragraph 22.
1992 c. 13. | The Further and Higher Education Act 1992. | Section 13.Section 59(5).In Schedule 8, paragraphs 18 and 29.
1992 c. 14. | The Local Government Finance Act 1992. | In Schedule 13, paragraph 58.
Part II OTHER REPEALS
Chapter | Short title | Extent of repeal
1944 c. 31. | The Education Act 1944 | Section 1(1).In section 6, the words in subsection (1) from “Subject” to “Act” and subsection (2).In section 16(1), “any county school or” and the words following “the new site”.Section 35.In section 50(1) “by them”.In paragraph (a) of the proviso to section 52(1), “by the authority”.Section 56.In section 58 “for the purposes of this Act”.Sections 102 and 103.In section 105(2), paragraph (d) and, in the words following that paragraph, “maintenance contribution”.In section 114(1), in the definition of “secondary school”, “primary or”.Parts I and II of the First Schedule.In paragraph 13(4) of the Fifth Schedule “either”.
1946 c. 50. | The Education Act 1946. | In Part II of the Second Schedule, the entry relating to section 102 of the Education Act 1944.
1948 c. 40. | The Education (Miscellaneous Provisions) Act 1948. | In the First Schedule, the entry relating to section 56 of the Education Act 1944.
1953 c. 33. | The Education (Miscellaneous Provisions) Act 1953. | Section 6(2)(a)(iii).Section 8(1).
1959 c. 60. | The Education Act 1959. | The whole Act.
1962 c. 12. | The Education Act 1962. | Section 9.
1967 c. 3. | The Education Act 1967. | Section 1.
1968 c. 17. | The Education Act 1968. | Section 3(4).In Schedule 1, paragraphs 1 and 4.
1972 c. 11. | The Superannuation Act 1972. | In Schedule 1, in the list of Other Bodies, the entries relating to the National Curriculum Council and the School Examinations and Assessment Council.
1972 c. 70. | The Local Government Act 1972 | Section 101(9)(a).
1975 c. 2. | The Education Act 1975. | The whole Act.
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Schedule 1, in Part III, the entry relating to membership of the School Examinations and Assessment Council.
1975 c. 65. | The Sex Discrimination Act 1975. | In section 82(1) the definition of the expression “upper limit of compulsory school age”.In paragraph 1 of Schedule 2 “in accordance with subsection (1) or (2) of that section”.
1976 c. 5. | The Education (School-leaving Dates) Act 1976. | The whole Act.
1976 c. 74. | The Race Relations Act 1976. | In section 78(1) the definition of the expression “upper limit of compulsory school age”.
1980 c. 20. | The Education Act 1980. | In section 12(3) “voluntary”.In section 13(1) “after consultation with the authority”.In section 13(3) “voluntary”.Section 14(4).In Schedule 1, in paragraph 1(2) “102”, paragraph 12, in paragraph 21 “(1) and” and paragraphs 22 and 23.In paragraph 1 of Schedule 2, in sub-paragraph (3) “or of any education committee of the authority” in each place where it occurs and in sub-paragraph (4) “or of any education committee of the authority” and “by more than one”.In Schedule 3, paragraphs 4 and 13.
1984 c. 11. | The Education (Grants and Awards) Act 1984. | In section 1(3)(b), “not exceeding 70 per cent. of the expenditure so approved”.In section 3, subsections (2) and (5) and, in subsection (3), the words “not being regulations to which subsection (2) above applies”.
1986 c. 61. | The Education (No. 2) Act 1986. | In section 5(4)(b) the words after “by the authority”.In section 23(a)(ii) and (b) “or indefinite”.Section 24(c) and (e) and, in paragraph (f), “or (c)”.Section 25(d), (e) and (f).In section 38, in subsection (4)(c) the words after “to the post” and, in subsection (6)(b), “or (4)(c)(ii)”.In section 50, in subsection (3)(c) the words “local education authorities, and other”, and subsection (4).Section 51(9) and (13).Section 54(12)(f).Section 63(4).In Schedule 2, in paragraph 7(7) the words after “by the authority”.
1988 c. 9. | The Local Government Act 1988 | Section 1(1)(j).In Schedule 2, the words from “A joint education committee” to “1944”.
1988 c. 40. | The Education Reform Act 1988. | In section 14, in subsection (1), paragraph (a), the word “and” immediately following paragraph (b), paragraph (c) and the words “each of”, subsection (4) and, in subsection (5), the words “or (as the case may be) subsection (4)(g)”.In section 25(1), the definition of the expression “the Curriculum Council”.Section 42(4)(f) to (i) and (5)(b).In section 111, subsection (4) and, in subsection (5)(b), the words “provided under arrangements made by the authority”.In Schedule 2, paragraphs 1 and 9, in paragraph 10(5) the words from “and accordingly” to the end and, in paragraph 18, the words “in such form as the Secretary of State may direct with the approval of the Treasury”.In paragraph 2 of Schedule 4, sub-paragraphs (3)(b) and (c) and (4)(b) and (c).
1989 c. 41. | The Children Act 1989 | Section 27(4).In section 36(8), the words from “social” to “of the”.
1989 c. 42. | The Local Government and Housing Act 1989 | In section 13, subsections (2)(b) and (6).In paragraph 4 of Schedule 1, in sub-paragraph (1) the definition of “education committee” and, in paragraph (a) of the definition of “ordinary committee”, “education committee, their” and in sub-paragraph (2), in paragraph (a) of the definition of “ordinary committee”, “education committee or”.In Schedule 11, paragraph 4.
1991 No. 2. | The Diocesan Boards of Education Measure 1991 | In section 3(6) “or (4)”.
1992 c. 13. | The Further and Higher Education Act 1992. | In Schedule 8, paragraphs 6 and 24(a), (c) and (d).
1993 c. 10. | The Charities Act 1993. | In Schedule 2, paragraphs (e) and (g).