Education Act 1968 (repealed 1.11.1996)
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Change 1
SCHEDULES 1 ADDITIONAL AMENDMENTS AS TO CHANGES IN CHARACTER, SIZE, OR SITUATION OF SCHOOLS
Section 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 In section 17 of the Education Act 1944 there shall be added as a new subsection (6)— (6) Where proposals for a significant change in the character of a voluntary school are approved under section 13 of this Act, then, without prejudice to the power to vary orders conferred by section 111, the Secretary of State may by order make such variations of the articles of government (if the school is a secondary school),or such modifications authorised by subsection (4) of this section in the provisions of a trust deed as appear to him to be required in consequence of the proposed change in the character of the school ; and so much of subsection (5) of this section as relates to the making of representations with respect to orders under this section shall not apply to an order made in pursuance only of the power conferred by this subsection. 3 For section 67(4) of the Education Act 1944 there shall be substituted — (4) If in the case of a county or voluntary school a question arises whether a change in the character of the school or enlargement of the school premises would be a significant change or enlargement, that question shall be determined by the Secretary of State. 4 (1) Section 102 (payment of maintenance contributions by the Secretary of State) of the Education Act 1944 shall be amended — (a) by inserting immediately before the proviso the words “and may pay the managers or governors of any aided school or special agreement school maintenance contributions not exceeding four-fifths of any sums expended by them on the provision of a site or of school buildings in pursuance of proposals approved under section 13 of this Act for a significant enlargement of the school premises”; and (b) by adding at the end of the proviso “nor shall a maintenance contribution be payable under this section in respect of any expenditure incurred by the managers or governors of a special agreement school in pursuance of proposals for a significant enlargement of the school premises, being proposals to which the special agreement for the school relates”. (2) In section 105(2) of the Education Act 1944 (which lists in paragraphs (a) to (d) the initial expenses qualifying, in the case of an aided or special agreement school, for loans under the section) for paragraph (c) there shall be substituted— (c) (i) expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises, being expenses in respect of which a maintenance contribution 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 . 5 In section 11 4(1) of the Education Act 1944 the existing definition of “alterations” shall be omitted and, at the places required by the alphabetical order in section 114(1), there shall be inserted the following definitions.— (a) “alterations” in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises; (b) “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 ; (c) “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. 6 In section 1(1) of the Education Act 1946 (of which the text, as amended, is set out in Schedule 3 to this Act) for paragraph (a) there shall be substituted— (a) that there should be a significant enlargement of the school premises; and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 In section 31(5) of the London Government Act 1963 (which provides that in Greater London schools maintained by a local education authority before April 1965 shall not cease to be so maintained except as there mentioned) for the words “except in accordance with section 13 or 14 of the said Act of 1944” there shall be substituted the words “except in accordance with the Education Acts 1944 to 1968”.
SCHEDULES 1 ADDITIONAL AMENDMENTS AS TO CHANGES IN CHARACTER, SIZE, OR SITUATION OF SCHOOLS
Section 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 In section 17 of the Education Act 1944 there shall be added as a new subsection (6)— (6) Where proposals for a significant change in the character of a voluntary school are approved under section 13 of this Act, then, without prejudice to the power to vary orders conferred by section 111, the Secretary of State may by order make such variations of the articles of government (if the school is a secondary school),or such modifications authorised by subsection (4) of this section in the provisions of a trust deed as appear to him to be required in consequence of the proposed change in the character of the school ; and so much of subsection (5) of this section as relates to the making of representations with respect to orders under this section shall not apply to an order made in pursuance only of the power conferred by this subsection. 3 For section 67(4) of the Education Act 1944 there shall be substituted — (4) If in the case of a county or voluntary school a question arises whether a change in the character of the school or enlargement of the school premises would be a significant change or enlargement, that question shall be determined by the Secretary of State. 4 (1) Section 102 (payment of maintenance contributions by the Secretary of State) of the Education Act 1944 shall be amended — (a) by inserting immediately before the proviso the words “and may pay the managers or governors of any aided school or special agreement school maintenance contributions not exceeding four-fifths of any sums expended by them on the provision of a site or of school buildings in pursuance of proposals approved under section 13 of this Act for a significant enlargement of the school premises”; and (b) by adding at the end of the proviso “nor shall a maintenance contribution be payable under this section in respect of any expenditure incurred by the managers or governors of a special agreement school in pursuance of proposals for a significant enlargement of the school premises, being proposals to which the special agreement for the school relates”. (2) In section 105(2) of the Education Act 1944 (which lists in paragraphs (a) to (d) the initial expenses qualifying, in the case of an aided or special agreement school, for loans under the section) for paragraph (c) there shall be substituted— (c) (i) expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises, being expenses in respect of which a maintenance contribution 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 . 5 In section 11 4(1) of the Education Act 1944 the existing definition of “alterations” shall be omitted and, at the places required by the alphabetical order in section 114(1), there shall be inserted the following definitions.— (a) “alterations” in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises; (b) “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 ; (c) “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. 6 In section 1(1) of the Education Act 1946 (of which the text, as amended, is set out in Schedule 3 to this Act) for paragraph (a) there shall be substituted— (a) that there should be a significant enlargement of the school premises; and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 In section 31(5) of the London Government Act 1963 (which provides that in Greater London schools maintained by a local education authority before April 1965 shall not cease to be so maintained except as there mentioned) for the words “except in accordance with section 13 or 14 of the said Act of 1944” there shall be substituted the words “except in accordance with the Education Acts 1944 to 1968”.
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