The Education (Inner London Education Authority) (Transitional and Supplementary Provisions) (No. 2) Order 1989

Citation and commencement

1.  This Order may be cited as the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) (No. 2) Order 1989 and shall come into force–

• for the purpose of articles 3(1)(b) and (d) and 6, and Schedules 2 and 4, on 1st August 1989; and

• for all other purposes, on 1st September 1989.

Interpretation

2.—(1) In this Order–

“the Act” means the Education Reform Act 1988;

“ILEA” means the Inner London Education Authority;

“institution of further or higher education” means any institution which provides further education or higher education (or both) and is maintained by a local education authority;

“LEA functions” has the meaning assigned to it by section 165(1)(a) of the Act; and

references to a school or institution of further or higher education which is to be maintained by an inner London council are references to a school or institution which is to be maintained by that council in the performance of its LEA functions after the abolition of ILEA.

(2) Any reference in this Order to a numbered Schedule is a reference to the Schedule bearing that number to this Order.

Preparatory application of certain provisions

3.—(1) In preparation for the exercise of the powers to be transferred to the inner London councils on 1st April 1990–

(a) in relation to courses commencing on or after that date;

(b) in relation to the expression of parental preference, and appeals against any decision, as to the school at which, on or after that date, education is to be provided for a child;

(c) in relation to the determination on or after 1st Sepember 1989 of arrangements for the admission of pupils to any county or voluntary school;

(d) in relation to the appointment of staff to teaching and non-teaching posts intended to be taken up on or after that date at schools; and

(e) in relation to applications for grants falling to be paid after that date

the provisions listed in column 1 of Schedules 1 to 5 respectively (which relate to the matters mentioned in column 2 of those Schedules) shall apply to each inner London council as if that council and not ILEA were the local education authority for its area.

(2) It shall be for each inner London council, and not ILEA, to exercise any functions of a local education authority in relation to the appointment of staff to teaching and non-teaching posts intended to be taken up on or after 1st April 1990 at institutions of further or higher education to be maintained by them.

(3) The duty imposed on local education authorities by section 8(5) of the Education Act 1980(1) and by regulations 4 and 6 of, and paragraph 4 of Schedule 2 to, the Education (School Information) Regulations 1981(2) to publish information relating to the curriculum at schools maintained by them shall cease to apply to ILEA on the 1st September 1989 and shall thereafter apply to each inner London council in relation to schools to be maintained by them as if that council were the local education authority for its area.

Education Committees

4.—(1) No action taken or thing done by an inner London council in the exercise or purported exercise of the powers conferred on it by this Order or by the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1989(3) shall be invalidated by reason of such a council not having established an education committee before 1st April 1990 in accordance with arrangements approved by the Secretary of State, or not having considered a report from such a committee.

(2) Notwithstanding that the inner London councils do not become the local education authorities for their areas until 1st April 1990 the Secretary of State may at any time after 1st September 1989 approve arrangements made by any such council for the establishment from 1st April 1990 of an education committee under Part II of Schedule 1 to the Education Act 1944(4).

Instruments and Articles of Government

5.—(1) Sections 1 and 2 of the Education (No. 2) Act 1986(5) (which contain provisions relating to instruments and articles of government for county, voluntary and maintained special schools) shall have effect from 1st September 1989 as if each inner London council, and not ILEA, were the local education authority for its area.

(2) In relation to any powers, duties or functions transferred by this Order, any reference in the instrument and articles of government of any school or institution of further or higher education to ILEA shall be construed as a reference to the inner London council by whom that school or institution is to be maintained.

Schemes for financing county and voluntary schools and locally funded further and higher education

6.—(1) Notwithstanding that the inner London councils do not become the local education authorities for their areas until 1st April 1990, they may prepare, and the Secretary of State may at any time after 1st August 1989 approve, schemes for financing county and voluntary schools or for financing locally funded further and higher education in accordance with Chapter III of Part I or Chapter III of Part II of the Act, as the case may be.

(2) (a) Section 42 of the Act (which provides for financial statements relating to schemes) and any regulations made thereunder shall apply to each inner London council in respect of which the Secretary of State has approved a scheme by virtue of paragraph (1) from the date of that approval; and

(b) the requirement to prepare a statement imposed by section 50(1) of the Act shall apply to each inner London council in relation to the financial year commencing 1st April 1990 as if it and not ILEA were the local education authority for its area, and as if references to schools maintained by a local education authority were references to schools to be maintained by that inner London council.