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Education Act 1980
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Changes over time for: Section 38
Version Superseded: 01/11/1996
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- 01/02/1991- Amendment
- 01/05/1991- Amendment
- 01/05/1991
Point in time - 01/11/1996- Amendment
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38 Citation, construction, repeals and extent. X1E+W+N.I.
(1)This Act may be cited as the Education Act 1980.
(2)This Act and the Education Acts 1944 to 1979 may be cited as the Education Acts 1944 to 1980. . . F1
(3)Subject to subsection (4) below, this Act shall, in its application to England and Wales, be construed as one with the M1Education Act 1944. . . F1
(4)In the provisions of this Act relating to admissions to schools “child” includes any person who has not attained the age of nineteen years.
(5)For the purposes of this Act an individual shall be treated as belonging to the area of a particular local education authority or education authority or as not belonging to the area of any such authority in accordance with regulations made by the Secretary of State and any question under the regulations shall, in case of dispute, be determined by the Secretary of State.
[F2(5A)For the purposes of this Act—
(a)children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class; and
(b)“reception class”means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age.]
(6)The enactments mentioned in Schedule 7 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
(7)In this Act—
(a) . . . F1
(b)sections 20, 35 and 37 and this section extend to Northern Ireland;
but save as aforesaid this Act extends to England and Wales only.
Editorial Information
X1S. 38 repealed (S.) by Education (Scotland) Act 1980 (c. 44), Sch. 5
Textual Amendments
F1Words omitted by virtue of Education (Scotland) Act 1980 (c. 44), Sch. 5
F2S. 38(5A) inserted (1.5.1991) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(6), 231(7), 235(6); S.I. 1991/409, art. 6(4)
Modifications etc. (not altering text)
C1S. 38(5) applied by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 51(10)
C2The text of S. 38(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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