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SCHEDULES

SCHEDULE 39Transitional provisions and savings

Part IISpecific provisions

Education committees etc. and members of those committees

44(1)Sub-paragraph (2) below applies to—

(a)any education committee established in accordance with paragraph 1 of Part II of Schedule 1 to the Education Act 1944, and

(b)any sub-committee of any such committee appointed in accordance with paragraph 10 of that Part,

which was in existence immediately before 1st April 1994.

(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 on that date—

(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 [1972 c. 70.] 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 was immediately before 1st April 1994 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 on that date 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 Schedule 1 to the [1944 c. 31.] Education Act 1944, as if he had been appointed on that date 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 the [1993 c. 35.] Education Act 1993 or, in relation to any time after the commencement of this Act, under section 499 of this Act.