Education Act 1944 (repealed 1.11.1996)

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90 Compulsory purchase of land and other dealings in land by local education authorities.

(1) A local education authority may be authorised by the Secretary of State for Education and Science to purchase compulsorily any land, whether situate within or without the area of the authority, which is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have the power to assist, or otherwise for the purposes of their functions under this Act; . . . Provided that the Secretary of State for Education and Science shall not authorise the purchase of any land required for the purposes of a voluntary school unless he is satisfied that the arrangements made as to the vesting of the land to be purchased, and as to the appropriation thereof for those purposes, are such as to secure that the expenditure ultimately borne by the local education authority will not include any expenditure which, if the land had been purchased by the . . . governors of the school, would have fallen to be borne by the . . . governors. (1A) The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance). (2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92 Reports and returns.

Every local education authority shall make to the Secretary of State for Education and science such reports and returns and give to him such information as he may require for the purpose of the exercise of his functions under this Act.

93 Power of Minister to direct local inquiries.

The Secretary of State for Education and Science may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act; and the provisions of subsections (2) (3) (4) and (5) of section two hundred and fifty of the Local Government Act 1972 shall have effect with respect to any such inquiry . . .

94 Certificates of birth and registrars’ returns.

(1) Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of births and deaths containing the entry relating to the birth of that person shall, upon being presented by any person with a written requisition in such form and containing such particulars as may be determined by regulations made by the the Chancellor of the Exchequer, and upon payment of a fee of £2.00, supply that person with a copy of the entry certified under his hand. Every registrar shall, upon being requested so to do, supply free of charge a form of requisition for the purposes of this subsection. (2) Every registrar shall supply to a local education authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as, subject to any regulations made by the the Chancellor of the Exchequer, the authority may from time to time require; . . . (3) In this section, the expression “register of births and deaths” means a register of births and deaths kept in pursuance of the Births and Deaths Registration Act 1953 and the Registration Service Act 1953, and the expression “registrar” includes a registrar of births and deaths and a superintendent registrar.

95 Provisions as to evidence.

(1) Where in any proceedings under this Act the person by whom the proceedings are brought alleges that any person whose age is material to the proceedings is under, of, or over, any age, and satisfies the court that having used all reasonable diligence to obtain evidence as to the age of that person he has been unable to do so, then, unless the contrary is proved, the court may presume that person to be under, of, or over, the age alleged. (2) In any legal proceedings any document purporting to be— (a) a document issued by a local education authority, and to be signed by the clerk of that authority or by the chief education officer of that authority or by any other officer of the authority authorised to sign it; (b) an extract from the minutes of the proceedings of the . . . governors of any county school or voluntary school, and to be signed by the chairman of the . . . governors or by their clerk; (c) a certificate giving particulars of the attendance of a child or young person at a school or at a county college, and to be signed by the head teacher of the school or college; or (d) a certificate issued by a medical officer of a local education authority and to be signed by such an officer; shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to have been signed by the person by whom it purports to have been signed, without proof of his identity, signature, or official capacity, and any such extract or certificate as is mentioned in paragraph (b) (c) or (d) of this subsection shall be evidence of the matters therein stated.

96 Provisions consequential on cessation of functions of former authorities.

(1) If upon the application of a former authority the Minister is satisfied with respect to any property which was immediately before the date of the commencement of Part II of this Act held by that authority for the purposes of functions exercisable by them under the Education Acts 1921 to 1939, that, although the property was so held, it was held upon trust for purposes of such a nature that the transfer thereof to a local education authority would be inexpedient, the Minister may by order direct that the property shall be deemed not to have been transferred by virtue of section six of this Act to the local education authority for the county in which the area of the former authority is situated. (2) Where any question arises as to whether any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, that question shall be determined by the Minister. (3) Where any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, the local education authority and the former authority may by agreement provide for the making of such adjustments in relation to their respective property, rights, and liabilities, as appear to the authorities to be desirable having regard to the transfer, and any such agreements may, in particular, provide for the making of payments by either party thereto. (4) Where it appears to the Minister that having regard to any such transfer it is desirable that any such adjustment as aforesaid (including any payment by either of the authorities concerned) should be made, he may, subject to any agreement made under the last foregoing subsection, by directions make provision for that adjustment. (5) Where at the commencement of Part II of this Act any former authority were parties to any proceedings pending with respect to any property, rights, or liabilities, which by virtue of this Act are transferred from the former authority to a local education authority, the proceedings may be carried on thereafter with the substitution of the local education authority for the former authority as parties thereto.

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98 Compensation of persons prejudicially affected by this Act.

(1) If in consequence of the extinguishment or transfer by this Act of any functions exercisable by the council of any county district, or the transfer by this Act of any officers employed by any such council, any person who, immediately before the date of the commencement of Part II of this Act, was an officer employed by that council or by the council of the county in which the county district is situated suffers direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation under this subsection from the local education authority for the area in which the county district is situated; and, for the purposes of any claim for compensation under this subsection, the provisions of subsections (2) and (3) of section one hundred and fifty of the Local Government Act 1933, shall have effect as if:— (a) the extinguishment or transfer had been effected by virtue of an order made by the Minister of Health under Part VI of the said Act of 1933 and coming into operation upon the date of the commencement of Part II of this Act; and (b) the expression “existing officer,” in those subsections, meant any person who, immediately before the said date, was an officer employed by the council of a county or county district in connection with any functions exercisable by that council under any enactment repealed or amended by this Act. (2) If, in consequence of any school becoming a special agreement school or a controlled school, or in consequence of the discontinuance within six years after the passing of this Act of any school maintained by a local education authority, any person who was a teacher in the school immediately before it became a special agreement school or a controlled school, or before the school was discontinued, as the case may be, suffers direct pecuniary loss by reason of his dismissal or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation from the authority under this section. (3) For the purposes of the determination and payment of compensation under this section, the provisions of the Fourth Schedule to the Local Government Act 1933 shall have effect subject to the following modifications, that is to say:— (a) references therein to the Minister shall be construed as references to the Minister of Education, and sub-paragraph (1) of paragraph 1 thereof shall have effect as if after the word “prescribed” there were inserted the words “by the Minister of Education”; (b) references therein to a scheme or order shall be construed as references to this Act; and (c) any period during which a person has been engaged in war service within the meaning of the Local Government Staffs (War Service) Act 1939, shall be reckoned for the purposes of the said Schedule as a period of service in his office, and where any such period is so reckoned, his emoluments during that period shall, for the purposes of sub-paragraph (2) of paragraph 4 of the said Schedule, be deemed to be such as he would have received if he had not been engaged in war service.

99 Powers of Minister in default of local education authorities or . . . governors.

(1) If the Secretary of State for Education and Science is satisfied, either upon complaint by any person interested or otherwise, that any local education authority, or the . . . governors of any county school or voluntary school, have failed to discharge any duty imposed upon them by or for the purposes of this Act, the Secretary of State for Education and Science may make an order declaring the authority, or the . . . governors, as the case may be, to be in default in respect of that duty, and giving such directions for the purpose of enforcing the execution thereof as appear to the Secretary of State for Education and Science to be expedient; and any such directions shall be enforceable, on an application made on behalf of the Secretary of State for Education and Science, by mandamus. (2) Where it appears to the Secretary of State for Education and Science that by reason of the default of any person there is no properly constituted body of . . . governors of any county school or voluntary school, the Secretary of State for Education and Science may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted body of . . . governors thereof, and may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default. (3) Where it appears to the Secretary of State for Education and Science that a local education authority have made default in the discharge of their duties relating to the maintenance of a voluntary school, the Secretary of State for Education and Science may direct that any act done by or on behalf of the . . . governors of the school for the purpose of securing the proper maintenance thereof shall be deemed to have been done by or on behalf of the authority, and may reimburse to the . . . governors any sums which in his opinion they have properly expended for that purpose; and the amount of any sum so reimbursed shall be a debt due to the Crown from the authority, and, without prejudice to any other method of recovery, the whole or any part of such a sum may be deducted from any sums payable to the authority by the Secretary of State for Education and Science in pursuance of any regulations relating to the payment of grants.

100 Grants in aid of educational services.

(1) The Secretary of State for Education and Science shall by regulations make provision:— (a) for the payment by him to local education authorities of annual grants in respect of the expenditure incurred by such authorities; (i), (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) in the removal of works constructed for the purposes of air-raid precautions or of temporary works constructed for defence purposes by or on behalf of the Secretary of State, the Admiralty or the Minister of Home Security in pursuance of Regulation fifty or fifty-one of the Defence (General) Regulations, 1939, or by agreement, and in the reinstatement of premises so far as it is rendered necessary by any such removal; (b) for the payment by him to persons other than local education authorities of grants in respect of expenditure incurred or to be incurred by them for the purposes of, or in connection with, the provision (or proposed provision) of educational services or for the purposes of educational research; and (c) for the payment by him, for the purpose of enabling pupils to take advantage without hardship to themselves or their parents of any educational facilities available to them, of the whole or any part of the fees and expenses payable in respect of children attending schools at which fees are payable, . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Any regulations made by the Secretary of State for Education and Science . . . under this section may make provision whereby the making of payments by him in pursuance thereof is dependent upon the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring local education authorities and other persons to whom payments have been made in pursuance thereof to comply with such requirements as may be so determined. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Nothing in this section shall affect any grants in aid of university education payable out of moneys provided by Parliment otherwise than in accordance with the provisions of this Act.

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103 .

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105 †Power of the Minister to make loans to aided schools and special agreement schools in respect of initial expenditure.

(1) If upon the application of the . . . governors of any aided school or special agreement school the Secretary of State for Education and Science is satisfied after consultation with persons representing them that their share of any initial expenses required in connection with the school premises will involve capital expenditure which, in his opinion having regard to all the circumstances of the case, ought properly to be met by borrowing, he may make to the . . . governors of the school for the purpose of helping them to meet that expenditure, a loan of such amount at such rate of interest and otherwise on such terms and conditions as may be specified in an agreement made between him and them with the consent of the Treasury. (2) For the purposes of this section, the expression “initial expenses” means in relation to any school premises— (a) expenses to be incurred in defraying the cost of any alterations required by the development plan approved by the Secretary of State for Education and Science for the area; (b) expenses to be incurred in pursuance of any special agreement; (c) (i) expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises or on a transfer of the school to a new site, being expenses in respect of which grants under section 281 of the Education Act 1993 may be paid; (ii) expenses to be incurred in providing school buildings on a site to which the school is to be transferred under the authority of an order under section 16(1) of this Act; (iii) expenses to be incurred in providing a site or school buildings for a new school which by virtue of an order under section 16(2) of this Act is deemed to be in substitution for a discontinued school or schools; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and the . . . governors’ share of any such initial expenses shall be taken to be so much thereof as remains to be borne by them after taking into account the amount of any . . . grant under a special agreement, or grant under section 281 of the Education Act 1993, as may be paid or payable in respect of those expenses. (3) If upon an application being made to him under subsection (2) of section fifteen of this Act for an order directing that a school shall be an aided school or a special agreement school it appears to the Secretary of State for Education and Science that the area served by the school will not be also served by any county school or controlled school, then, unless he is satisfied that the . . . governors of the school will be able to defray the expenses which would fall to be borne by them under paragraph (a) of subsection (3) of that section without the assistance of a loan under this section, the Secretary of State for Education and Science shall consult such persons or bodies of persons as appear to him to be representative of any religion or religious denomination which, in his opinion having regard to the circumstances of the area, is likely to be concerned; and, unless after such consultation he is satisfied that the holding of a local inquiry is unnecessary, shall cause such inquiry to be held before determining the application.

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111 Revocation and variation of orders and directions.

Any order made or directions given by the Secretary of State for Education and Science, the Secretary of State for Social Services, or a local education authority under the provisions of this Act may be varied or revoked by a further order or further directions made or given by the Secretary of State for Education and Science, the Secretary of State for Social Services, or that authority, as the case may be: Provided that where the power to make or give any such order or directions is exercisable only upon the application or with the consent of any person or body of persons, or after consultation with any person or body of persons, or otherwise subject to any conditions, no order or directions made or given thereunder shall be varied or revoked except upon the like application, with the like consent, after the like consultation, or subject to the like conditions, as the case may be.

111A Regulations: different provision for Wales.

(1) Regulations under this Act may make in relation to Wales provision different from that made in relation to England. (2) Subsection (1) above is without prejudice to any express or implied power to make different provision for different cases or circumstances.

112 Regulations to be laid before Parliament.

All regulations made under this Act shall be laid before Parliament as soon as may be after they are made, and if either House of Parliament, within the period of forty days beginning with the day on which any such regulations are laid before it, resolves that the regulations be annulled, the regulations shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new regulations. In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

113 Notices.

Any order, notice or other document required or authorised by this Act to be served upon any person may be served by delivering it to that person, or by leaving it at his usual or last known place of residence, or by sending it in a pre-paid letter addressed to him at that place.

114 Interpretation.

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:— “Agreed syllabus” means, subject to the provisions of subsection (4) of this section, an agreed syllabus of religious education prepared in accordance with the provisions of the Fifth Schedule to this Act and adopted or deemed to be adopted thereunder; “alterations”, in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises; “Assist”, in relation to any school . . . or institution, has the meaning assigned to it by subsections (2) and (2A) of this section; “Child” means a person who is not over compulsory school age; “Clothing” includes boots and other footwear; “Compulsory school age” has, . . ., the meaning assigned to it by section thirty-five of this Act; “County” means a county within the meaning of the Local Government Act 1972; “enlargement”, in relation to any school premises, includes any modification of the existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided, and “enlarge” shall be construed accordingly; “Former authority” means any authority which was a local education authority within the meaning of any enactment repealed by this Act or any previous Act; “foundation governors” means, in relation to any voluntary school, governors appointed otherwise than by a local education authority or a minor authority for the purpose of securing, so far as is practicable, that the character of the school as a voluntary school is preserved and developed, and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating thereto; and, unless the context otherwise requires, references in this Act to . . . “governors” shall, in relation to any function thereby conferred or imposed exclusively on . . . foundation governors, be construed as references to such . . . governors; “Further education” has the meaning assigned to it by section forty-one of this Act as read with section 14 of the Further and Higher Education Act 1992; “Higher education” has the meaning assigned to it by section 120(1) of the Education Reform Act 1988; “Independent school” means any school at which full–time education is provided for five or more pupils of compulsory school age (whether or not such education is also provided for pupils under or over that age), not being a school maintained by a local education authority a grant-maintained school or a special school not maintained by a local education authority; “Junior pupil” means a child who has not attained the age of twelve years; “Local education authority” means, in relation to any area for which a joint education board is constituted as the local education authority under the provisions of Part I of the First Schedule to this Act, the board so constituted, and, save as aforesaid, means, in relation to a non-metropolitan county, the council of the county, in relation to a county borough, the council of the county borough, and in relation to a metropolitan district, the council of the district; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Local government elector” has the meaning assigned to it by section 270(1) of the Local Government Act 1972; and in relation to the area of any joint education board constituted under Part I of the First Schedule to this Act a local government elector for the area of any council by whom members are appointed to the board shall be deemed to be a local government elector for the area of the authority; “Maintain” in relation to any school . . . has the meaning assigned to it by subsection (2) of this section; “Maintenance contribution”, in relation to any voluntary school, means a contribution payable under section one hundred and two of this Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Medical officer” means, in relation to any local education authority, a duly qualified medical practitioner employed or engaged, whether regularly or for the purposes of any particular case, by that authority or whose services are made available to that authority by the Secretary of State; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Minor authority” means, in relation to a school maintained by a local education authority,— where the area which appears to the local education authority to be served by the school is a parish or community, the parish or community council or, in the case of a parish which has no council, the parish meeting; where the said area . . . is an area in England which is not within a parish and is not situated in a a county for which there is no council or county in which there are no district councils, the council of the district for the area concerned; where the said area comprises two or more of the following, a parish, a community or an area in England which is not within a parish and is not situated in a a county for which there is no council or a county in which there are no district councils— the parish or community council or councils, if any; in the case of a parish which has no council, the parish meeting; in the case of an area . . . which is in England and is not within a parish, the council of the district concerned; acting jointly; . . . . . . . . . “Premises”, in relation to any school, includes any detached playing fields, but, except where otherwise expressly provided, does not include a teacher’s dwelling-house; “Prescribed”, means prescribed by regulations made by the Secretary of State for Education and Science; “Primary education” has the meaning assigned to it by section eight of this Act; “Primary school” means, subject to regulations under section 1 of the Education Act 1964, a school for providing primary education, whether or not it also provides part-time education suitable to the requirements of junior pupils or further education “Proprietor”, in relation to any school, means the person or body of persons responsible for the management of the school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools, includes any person or body of persons proposing to be so responsible; “Provisionally registered school” means an independent school registered in the register of independent schools, whereof the registration is provisional only; “Pupil” has the meaning assigned to it by section 14(6) of the Further and Higher Education Act 1992 “Registered pupil” means, in relation to any school, a person registered as a pupil in the register kept in accordance with the requirements of this Act . . . “Registered school” means an independent school registered in the register of independent schools, whereof the registration is final; “School” has the meaning assigned to it by section 14(5) of the Further and Higher Education Act 1992 “Secondary education” has the meaning assigned to it by section 14 of the Further and Higher Education Act 1992; “Secondary school” means, subject to regulations under section 1 of the Education Act 1964, a school for providing secondary education, whether or not it also provides . . . further education “Senior pupil” means a person who has attained the age of twelve years but has not attained the age of nineteen years; “Sex education” includes education about— Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and any other sexually transmitted disease “Significant”, in relation to a change in the character of a school or an enlargement of school premises, implies that there is a substantial change in the function or size of the school; “Special agreement” means an agreement made under the provisions of the Third Schedule to this Act; “Special educational needs” and “Special educational provision” have the meanings given to them by section 156 of the Education Act 1993; “Trust deed”, in relation to any voluntary school, includes any instrument (not being an . . . instrument of government, . . . or articles of government, made under this Act) regulating the maintenance management or conduct of the school or the constitution of the body of . . . governors thereof; “Young person” means a person over compulsory school age who has not attained the age of eighteen years. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1D) In this Act, unless the context otherwise requires, ’parent’, in relation to a child or young person, includes any person- (a) who is not a parent of his but who has parental responsibility for him, or (b) who has care of him, except for the purposes of the enactments mentioned in subsection (1E) of this section, where it only includes such a person if he is an individual. (1E) The enactments are— (a) sections 5(4), 15(2) and (6), 31 and 65(1) of, and paragraph 7(6) of Schedule 2 to, the Education (No. 2) Act 1986; and (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 (1F) For the purposes of subsection (1D) of this section— (a) “parental responsibility” has the same meaning as in the Children Act 1989; and (b) in determining whether an individual has care of a child or young person any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded. (2) Subject to subsection (2A) of this section for the purposes of this Act:— (a) the duty of a local education authority to maintain a school . . . shall include the duty of defraying all the expenses of maintaining the school . . . except, in the case of an aided school or a special agreement school, any expenses that by virtue of any provision of this Act or of any special agreement made thereunder are payable by the . . . governors of the school, and the expression “maintain” shall be construed accordingly; and (b) where a local education authority make to the proprietor of any school which is not maintained by the authority, or to the persons responsible for the maintenance of any institution other than a school, any grant in respect of the school . . . or institution or any payment in consideration of the provision of educational facilities thereat, the school . . . or institution shall be deemed to be assisted by the authority. (2A) Neither a university nor any institution within the further education sector or within the higher education sector other than a university shall be deemed under subsection (2)(b) of this section to be assisted by a local education authority by virtue of the making by that authority to the persons responsible for the maintenance of that university or institution of any such grant or payment as is there mentioned. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Where at any time before the date of the commencement of Part II of this Act the premises of any school which was for the time being a public elementary school within the meaning of the enactments repealed by this Act have ceased by reason of war damage, or by reason of any action taken in contemplation or in consequence of war, to be used for the purposes of a school, then, for the purposes of this Act, the school, unless it has been closed in accordance with those enactments, shall be deemed to have been a public elementary school within the meaning of those enactments immediately before that date and, if it was maintained by a former authority immediately before the premises ceased to be used for the purposes of a school, to have been maintained by such an authority immediately before that date. (8) In this Act, unless the context otherwise requires, references to any enactment or any provision of any enactment shall be construed as references to that enactment or provision as amended by any subsequent enactment, including this Act.

115 Saving as to persons in the service of the Crown.

No power or duty conferred or imposed by this Act on the Secretary of State for Education and Science, on local education authorities, or on parents, shall be construed as relating to any person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State for Education and Science certifies that, by reason of the arrangements made for the education of children and young persons employed therein, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.

116 Saving as to persons of unsound mind and persons detained by order of a court.

No power or duty conferred or imposed by this Act or by or under the Education Act 1993on the Secretary of State for Education and Science, on local education authorities, or on parents, shall be construed as relating . . . to any person who is detained in pursuance of an order made by any court or of an order of recall made by the Prison Commissioners, but a local education authority shall have power to make arrangements for a person who is detained in pursuance of an order made by a court, or of such an order of recall, to receive the benefit of educational facilities provided by the authority. Where a child or young person is being educated as a boarder at a school, the fact that he is required to be at the school by virtue of an order made by a court under the Children and Young Persons Act 1969 or by virtue of anything done under such an order, or by virtue of a requirement of a probation order or by virtue of anything done under such a requirement, shall not render him a person detained in pursuance of an order made by a court within the meaning of those words in this section.

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118 Application to Isles of Scilly.

The Minister shall by order provide for the application of this Act to the Isles of Scilly as if those isles were a separate non-metropolitan county, and any such order may provide for the application of this Act to those isles subject to such modifications as may be specified in the order.

119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120 Amendment of enactments.

(1) On and after the date of the commencement of Part II of this Act any enactment passed before that date shall, unless the context otherwise requires, be construed as if:— (a) for references therein to an elementary school or to a public elementary school (whether or not any reference is made therein to the payment of parliamentary grants in respect of the school) there were substituted references to a county school or voluntary school as the context may require; (b) for references therein to a school certified by the Board of Education, in accordance with the provisions of Part V of the Education Act 1921, as suitable for providing education for blind deaf defective or epileptic children, there were substituted references to a special school; (c) for references therein to the managers of a school there were substituted, in relation to a county . . . school or a voluntary . . . school, references to the governors of the school; (d) for references therein to elementary education or to higher education there were substituted references to such education as may be provided by a local education authority in the exercise of their functions under Part II of this Act; (e) for references therein to a local education authority, to a local education authority for elementary education, or to a local education authority for higher education, there were substituted references to a local education authority within the meaning of this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The enactments mentioned in the first column of the Eighth Schedule to this Act shall, except in so far as any them extend to Scotland, have effect subject to the amendments specified in the secon column of that Schedule : Provided that Part I of the said Schedule shall come into operation on the date of the commencement of Part II of this Act, and Part II of the said Schedule shall come into operation on the date on which section forty-four of this Act comes into operation. (4) Where by virtue of this Act any functions cease to be exercisable by the council of a county district under the Children and Young Persons Acts, 1933 and 1938, the following provisions of this Act, that is to say:— (a) subsections (3) and (4) of section six; and (b) section ninety-seven; shall have effect as if those functions had been exercisable under the Education Acts, 1921 and 1939; and, in relation to any such functions, the provisions of section ninety-six and of subsection (3) of section ninety-eight of this Act shall have effect as if for the references therein to the Minister of Education there were substituted references to the Secretary of State. (5) For the purposes of any byelaws under Part II of the Children and Young Persons Act 1933, the expression “child” shall have the same meaning as it has for the purposes of the said Part II; and any byelaws made by the council of a county district under the said Part II which are in force immediately before the date of the commencement of Part II of this Act shall, in relation to the area to which they extend, continue in operation on and after that date as if they had been made by the local education authority for the area in which the county district is situated, and may be varied or revoked accordingly.

121 Repeal of enactments.

Section eighty-three of the Elementary Education Act, 1870, the Board of Education Act, 1899, and sections one and two of the Education act, 1921, are hereby repealed as from the date declared by His Majesty in Council to be the date on which the first appointment under this Act of a Minister of Education took effect ; the enactments mentioned in the first column of Part I of the Ninth Schedule to this Act are, to the extent mentioned in the third column of that Part, hereby repealed, except in so far as any of them extend to Scotland, as from the date of the commencement of Part II of this Act ; and the enactments mentioned in the first column of Part II of that Schedule are to the extent mentioned in the third column of that Part hereby repealed, except in so far as they extend to Scotland, as from the date on which section forty-four of this Act comes into operation : Provided that— (a) any regulation Order in Council order or other instrument in force under any enactment hereby repealed shall continue in operation and have effect as if made under this Act and may be varied or revoked accordingly ; and (b) the provisions of the Education Act, 1921, relating to continuation schools shall, in any area in which sections seventy-six, seventy seven and ninety-three of that Act were in operation immediately before the commencement of Part II of this Act, continue in force until the date on which section forty-four of this Act comes in to operation.

122 Short title and extent.

(1) This Act may be cited as the Education Act 1944. (2) This Act shall not extend to Scotland or to Northern Ireland.

FIRST SCHEDULE LOCAL ADMINISTRATION

Part I 1 Where it appears to the Secretary of State for Education and Science that the establishment of a joint board as the local education authority for the areas of two or more councils to whom this Part of this Schedule applies would tend to diminish expense or to increase efficiency or would otherwise be of public advantage, the Secretary of State for Education and Science may by order constitute a joint board (in this Act referred to as a “joint education board”), consisting of members appointed by those councils, and direct that the board shall be the local education authority for the areas of those councils: Provided that the Secretary of State for Education and Science shall not make such an order except after a local inquiry, unless all the councils for the areas of which the board are to be the local education authority have consented to the making of the order. 2 A joint education board so constituted shall be a body corporate with perpetual succession and a common seal . . . 3 An order constituting a joint education board:— (a) may . . . provide for regulating the appointment and term of office of members of the board, for regulating the meetings and proceedings of the board, and for determining the manner in which the expenses of the board are to be defrayed; (b) may contain such other provisions (including provision for the transfer of officers, property, and liabilities, and for the adjustment of accounts and apportionment of liabilities) as appear to the Secretary of State for Education and Science to be expedient for enabling the board to exercise their functions; (c) may provide for securing that where in consequence of the establishment of the board as the local education authority for the area of any council any person who was an officer of that council immediately before the date on which the board became the local education authority for the area thereof suffers direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation therefor from the board, and for securing that the provisions of subsections (2) and (3) of section one hundred and fifty of the Local Government Act 1933, and of the Fourth Schedule to that Act shall have effect for the purposes of any claim for such compensation and for the purposes of the determination and payment of the compensation, subject to such modifications and adaptations as appear to the Secretary of State for Education and Science to be necessary; and (d) may, with the consent of the council of any county or county borough for the area for which the board is to be the local education authority, provide for the transfer to the board of any functions exercisable by that council under the Children and Young Persons Acts, 1933 and 1938, otherwise than as a local education authority. 4 An order constituting a joint education board shall be laid before Parliament as soon as may be after it is made. 5 This Part of this Schedule applies to the council of any county, to the council of any county borough, and to the council of any other borough of which the population was not less than half of the population of the county in which the borough is situated, according to the last census before the passing of this Act. Part II 1 Every local education authority shall, in accordance with arrangements approved by the Secretary of State for Education and Science, establish such education committees as they think it expedient to establish for the efficient discharge of their functions with respect to education. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Where it appears to the Secretary of State for Education and Science to be expedient that two or more local education authorities should combine for the purpose of exercising some but not all of their functions with respect to education and that those authorities should establish a joint committee for that purpose, the Secretary of State for Education and Science may after consultation with the authorities by order establish a joint education committee of those authorities and provide for the reference to the committee of such questions relating to those functions as in the opinion of the Secretary of State for Education and Science should be so referred; and any such order may provide for authorising the joint education committee to exercise any of those functions on behalf of the authorities concerned, and may include such incidental and consequential provisions, including provisions with respect to the appointment and functions of sub-committees, as the Secretary of State for Education and Science thinks desirable. 4 In the following provisions of this Part of this Schedule the expression “education committee” includes a joint education committee. 5 Every education committee of a local education authority shall include persons of experience in education and persons acquainted with the educational conditions prevailing in the area for which the committee acts. 5A (1) The Secretary of State may by directions to local education authorities require every education committee, or education committee of a description specified in the direction, to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors of voluntary schools in the area for which the committee acts. (2) The power of the Secretary of State to give directions under sub-paragraph (1) of this paragraph shall be exercisable in relation to sub-committees of education committees as it is exercisable in relation to the committees themselves. (3) Arrangements approved under paragraph 1 above, orders made under paragraph 3 above and restrictions imposed under paragraph 10 below shall have effect (whether approved, made or imposed before or after the coming into force of this paragraph or the giving of the direction) subject to the requirements of any direction under this paragraph. 6 At least a majority of every education committee of a local education authority shall be members of the authority: Provided that in the case of a joint education committee, the provisions of this paragraph shall be deemed to have been complied with if the committee consists, as to more than one half of the members thereof, of persons who are members of any of the authorities for which the committee is established. 7 Every local education authority shall consider a report from an education committee of the authority before exercising any of their functions with respect to education: Provided that an authority may dispense with such a report if, in their opinion, the matter is urgent . . . 8 A local education authority may authorise an education committee of the authority to exercise on their behalf any of their functions with respect to education, except the power to borrow money or to raise a rate. 9 The minutes of proceedings of an education committee of the local education authority shall be open to the inspection of any local government elector for the area on payment of a fee not exceeding 5 p, and any such local government elector may make a copy thereof or an extract therefrom. 10 Every education committee of a local education authority may, subject to any restrictions imposed by the local education authority or the order of the Secretary of State for Education and Science by which the committee was established:— (a) appoint such sub-committees constituted in such manner as the committee may determine; and (b) authorise any such sub-committees to exercise any of the functions of the committee on their behalf. 11 Nothing in this Part of this Schedule shall require the reference to any education committee of a local education authority, or to any sub-committee of such a committee, of any matter which under any enactment for the time being in force is referred to any committee of the authority other than an education committee. Part III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECOND SCHEDULE TRANSFER TO A LOCAL EDUCATION AUTHORITY OF AN INTEREST IN THE PREMISES OF A VOLUNTARY SCHOOL

1 A local education authority and the . . . governors of any voluntary school maintained by the authority may, subject to and in accordance with the provisions of this Schedule, make an agreement for the transfer to the authority of any interest in the school premises held by any persons for the purposes of any trust deed relating to the school. 2 No such agreement shall take effect unless it has been approved by the Secretary of State for Education and Science . 3 The Secretary of State for Education and Science shall not approve any such agreement unless he is satisfied— (a) that due notice of the agreement has been given to any persons other than the . . . governors of the school who, by virtue of any trust deed relating to the school, have an interest therein and to any other persons who appear to the Secretary of State for Education and Science to be concerned; and (b) that the execution of the agreement will effect the transfer of all interests necessary for the purpose of enabling the authority to maintain the school as a county school. 4 Before approving any such agreement, the Secretary of State for Education and Science shall consider any representations made to him by or on behalf of any persons appearing to the Secretary of State for Education and Science to be concerned with the proposed transfer. 5 An agreement under this Schedule may provide for the transfer to the authority, subject to such conditions, reservations and restrictions, if any, as may be specified in the agreement, of the whole of the interest in the premises held by any persons for the purposes of any trust deed relating to the school, or of any less interest in the premises, and may include such other provisions, whether relating to the consideration for the said transfer or otherwise, as may be agreed upon between the authority and the . . . governors of the school. 6 Where any agreement made under this Schedule has been approved by the Secretary of State for Education and Science, the . . . governors of the school may, whether or not the interest to be transferred to the authority by virtue of the agreement is vested in them, convey that interest to the authority. 7 Where any person other than the . . . governors of the school has a right to the occupation or use of the school premises or any part thereof for any particular purpose, no provision of any agreement made under this Schedule shall affect that right unless he has consented thereto. 8 In this Schedule, the expression “premises” includes a teacher’s dwelling-house.

THIRD SCHEDULE SPECIAL AGREEMENTS IN RESPECT OF CERTAIN VOLUNTARY SCHOOLS

1 Where proposals for the establishment of a school or for the alteration of the premises of a school have been submitted to a former authority, within the time limited by subsection (2) of section eight of the Education Act 1936, with a view to the making of an agreement under that section, but the said proposals have not been carried out before the date of the commencement of Part II of this Act, a local education authority shall have power to make an agreement in accordance with the provisions of this Schedule in respect of those proposals or in respect of any revised proposals submitted to the authority in accordance with those provisions: Provided that no such agreement shall have effect unless it is approved by the Secretary of State for Education and Science, and no such agreement shall be made or approved unless the authority and the Secretary of State are satisfied that the performance thereof will facilitate the execution of provisions relating to school accommodation for senior pupils contained or proposed to be contained in the development plan for the area. 2 If upon the application of any persons interested in any such proposals the Secretary of State for Education and Science is satisfied that by reason of the passing of this Act or the making of any regulations thereunder, or by reason of 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, or by reason of war damage, it is desirable that the proposals should be revised, the Secretary of State for Education and Science may give directions authorising a local education authority, in lieu of making an agreement in accordance with the provisions of this Schedule with respect to those proposals, to make such an agreement with respect to any revised proposals submitted to the authority before the expiration of such period as may be specified in the directions, being proposals which appear to the authority to serve substantially the same purpose as the proposals originally submitted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Any such agreement shall provide for the making of a grant by the local education authority to persons specified in the agreement in consideration of the execution by those persons of the proposals to which the agreement relates. 5 The amount of the grant to be made in pursuance of any such agreement shall not be less than one-half or more than three-quarters of the cost of executing the proposals to which the agreement relates: Provided that, where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under section 13(6) of the Education Act 1980, the duty of the local education authority to provide,— (a) if the proposals as respects the playing field or buildings are to be executed by the persons specified in the agreement, the amount of the grant so far as attributable to the cost thereof, shall be equal to the whole of that cost; and (b) if the proposals as respects the playing field or buildings are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant. 6 Where the agreement relates to proposals for the establishment of a school submitted to the local education authority for the County Borough of Liverpool, the authority may, if the agreement so provides, discharge their liabilities under the agreement by providing premises for the school and executing a lease of those premises to such persons as may be specified in the agreement for the purpose of enabling a voluntary school to be conducted thereon. Any such lease shall provide for the reservation of a yearly rent of an amount not less than one nor more than two per cent. of the cost incurred by the authority in providing the premises for the school. 7 Any agreement made under this Schedule may provide for the giving of religious instruction in the school in accordance with the provisions of the trust deed relating to the school, or, where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a voluntary school, and for the employment in the school, for the purpose of giving such religious instruction, of such number of reserved teachers as may be specified in the agreement. 8 Any agreement made by a local education authority under this Schedule may be varied by a further agreement between the authority and the . . . governors of the school to which the agreement relates, or in such other manner, if any, as may be specified in the agreement. 9 Where a grant has been made in respect of any school in pursuance of an agreement made under this Schedule, the . . . governors of the school may, at any time while the school is a special agreement school, repay the grant to the local education authority by which the school is maintained. 10 Where an agreement has been made under this Schedule in relation to any school, then, until the proposals to which the agreement relates have been carried out, the provisions of this Act relating to the respective obligations of the . . . governors of voluntary schools and the local education authority in respect of repairs and alterations to the premises of the school shall not have effect in relation to that school, but the respective obligations of the . . . governors of the school and the local education authority in relation to those matters shall be such as may be determined by agreement between the managers or governors and the authority, or, in default of such agreement, by the Secretary of State for Education and Science. 11 Where any local authority have, before the date of the commencement of Part II of this Act, made an agreement under the powers conferred by section eight of the Education Act 1936, with respect to proposals submitted to the authority within the time limited by subsection (2) of that section, then:— (a) if the said proposals have been carried out before that date the agreement shall be deemed to have been made under this Schedule, and the provisions of this Act relating to special agreements shall have effect accordingly; (b) if the said proposals have not been carried out before that date, the agreement shall cease to have effect, but without prejudice to the making of a further agreement under this Schedule with respect to those proposals or with respect to any revised proposals submitted to the authority in accordance with the provisions of this Schedule.

FOURTH SCHEDULE . . .

FIFTH SCHEDULE PROCEDURE FOR PREPARING AND BRINGING INTO OPERATION AN AGREED SYLLABUS OF RELIGIOUS INSTRUCTION

1 For the purpose of preparing any syllabus of religious education to be adopted by a local education authority, the authority shall cause to be convened a conference constituted in accordance with the provisions of this Schedule. 2 For the purpose of constituting such a conference as aforesaid, the local education authority shall appoint constituent bodies (hereinafter referred to as “committees”) consisting of persons representing respectively— (a) such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area; (b) except in the case of an area in Wales or Monmouthshire, the Church of England; (c) such associations representing teachers as, in the opinion of the authority, ought, having regard to the circumstances of the area, to be represented; and (d) the authority: Provided that where a committee is appointed consisting of persons representing the Church of England, the committee of persons appointed under sub-paragraph (a) above shall not include persons appointed to represent that Church. 3 Before appointing a person to represent any religion denomination or associations as a member of any such committee, a local education authority shall take all reasonable steps to assure themselves that he is representative thereof, but no proceedings under this Schedule shall be invalidated on the ground that a member of such a committee did not represent the religiondenomination or associations which he was appointed to represent unless it is shown that the local education authority failed to take such steps as aforesaid. 4 A person so appointed may resign his membership of any such committee or may be withdrawn therefrom by the local education authority if in the opinion of the authority he ceases to be representative of the religion denomination or associations which he was appointed to represent, or of the authority, as the case may be; and where a 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. 5 The conference shall consist of the committees aforesaid and it shall be the duty of the conference to seek unanimous agreement upon a syllabus of religious education to be recommended for adoption by the local education authority. 6 Where the local education authority propose to adopt more than one syllabus of religious education for use in schools maintained by them, the authority shall inform the conference as to the schools in which, or in the case of a syllabus intended to be used for certain pupils only, the class or description of pupils for which, the syllabus to be prepared by the conference is to be used. 7 Any sub-committees appointed by the conference shall include at least one member of each of the committees constituting the conference. 8 Upon any question to be decided by the conference or by any sub-committee thereof one vote only shall be given for each of the committees constituting the conference. 9 If the conference unanimously recommend any syllabus of religious education, the authority may adopt it for use in the schools for which, or for the class or description of pupils for which, it was prepared. 10 If the authority report to the Secretary of State that the conference are unable to reach unanimous agreement as aforesaid, or if it appears to the Secretary of State that an authority have failed to adopt any syllabus unanimously recommended to them by the conference, the Secretary of State shall appoint to prepare a syllabus of religious education a body of persons having experience in religious education which shall, so far as is practicable, be of the like representative character as is required by paragraph 2 of this Schedule in the case of a conference. 11 The body of persons so appointed:— (a) shall give to the authority, the conference, and every committee constituting the conference, an opportunity of making representations to it, but, save as aforesaid, may conduct the proceedings in such manner as it thinks fit; (b) shall, after considering any such representations made to it, prepare a syllabus of religious education; (c) shall transmit a copy of the said syllabus to the authority and to the Secretary of State, and as from such date as the Secretary of State may direct, the syllabus so prepared shall be deemed to be the agreed syllabus adopted for use in the schools for which, or for the class or description of pupils for which, it was prepared until a further syllabus is prepared for use in those schools, or for pupils of that class or description, in accordance with the provisions of this Schedule. Reconsideration of agreed syllabus 12 (1) A local education authority shall cause a conference to be convened at any time required by sub-paragraph (2) or (3) of this paragraph for the purpose of reconsidering any agreed syllabus for the time being adopted by them which was adopted before the appointed day. (2) Where they adopted the syllabus before 29th September 1988, they shall convene a conference within the period of one year beginning with the appointed day. (3) Where they adopted the syllabus on or after 29th September 1988, they shall convene a conference— (a) within the period of five years beginning with the date on which they adopted it, or (b) within the period of one year beginning with the appointed day, whichever is the later. (4) A local education authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after the appointed day); and no such conference shall be convened later than the expiry of the period of five years beginning with the date on or after the appointed day on which— (a) the authority adopted the syllabus, or (b) the authority gave effect to a recommendation under paragraph 13 of this Schedule that the syllabus should continue to be the agreed syllabus. (5) In this paragraph— (a) “appointed day” means the day appointed for the commencement of section 256 of the Education Act 1993, and (b) references to the date on which a local education authority adopt a syllabus include a reference to the date which the Secretary of State directs is to be the date from which a syllabus prepared under paragraph 11 of this Schedule is to be deemed to be the agreed syllabus. 13 (1) The following provisions of this paragraph apply where a local education authority cause such a conference to be convened for the purpose of reconsidering any agreed syllabus, whether under paragraph 12 of this Schedule or under section 11(8) of the Education Reform Act 1988 (obligation of authority to cause such a conference to be convened if required to do so by representative groups on standing advisory council for religious education). (2) If the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus and it appears to the local education authority that the syllabus reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain, the authority may give effect to the recommendation. (3) If— (a) the conference unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus; and (b) it appears to the authority that the new syllabus complies with section 8(3) of that Act (new agreed syllabus to reflect mainly Christian religious traditions); the authority may give effect to the recommendation. (4) If . . .— (a) the authority report to the Secretary of State that the conference are unable to reach unanimous agreement (aa) the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local education authority consider that sub-paragraph (2) of this paragraph prevents them from giving effect to the recommendation ; or (b) it appears to the Secretary of State that the authority have failed to exercise their power under sub-paragraph (2) or (3) above to give effect to the unanimous recommendation of the conference; the Secretary of State shall proceed in accordance with the provisions of paragraph 10 of this Schedule, and paragraph 11 of this Schedule shall apply accordingly.

SIXTH SCHEDULE CONSTITUTION OF INDEPENDENT SCHOOLS TRIBUNALS

1 For the purpose of enabling Independent Schools Tribunals to be constituted as occasion may require there shall be appointed two panels, that is to say— (a) a panel (hereinafter referred to as the “legal panel”) appointed by the Lord Chancellor, of persons who will be available to act when required as chairman of any such tribunal; and (b) a panel (hereinafter referred to as the “educational panel”) appointed by the Lord President of the Council, of persons who will be available to act when required as members of any such tribunal. 2 No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable, and no person shall be qualified to be appointed to the educational panel unless he has had such experience in teaching or in the conduct management or administration of schools as the Lord President of the Council considers suitable. An officer of any government department and a person employed by a local education authority otherwise than as a teacher shall be disqualified from being appointed to either of the said panels. 3 Subject, in the case of a member of the legal panel, to paragraph 3A below,Any person appointed to be a member of either of the said panels shall hold office as such subject to such conditions as to the period of his membership and otherwise as may be determined by the Lord Chancellor or the Lord President of the Council, as the case may be. 3A No appointment of a person to be a member of the legal panel shall be such as to extend beyond the day on which he attains the age of seventy years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years). 4 Where any appeal is required to be determined by an Independent Schools Tribunal the tribunal shall consist of a chairman being a member of the legal panel and two other members being members of the educational panel, and the chairman and other members of the tribunal shall be impartial persons appointed from those panels by the Lord Chancellor and the Lord President of the Council respectively.

SEVENTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .