(1)Any power of the Secretary of State to make orders or regulations under this Act [F1(other than orders under section 2(11)(b))] shall be exercisable by statutory instrument.
(2)No regulations shall be made under section 17(6) above unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
(3)Any statutory instrument containing regulations under any provision of this Act other than section 17(6), [F2or an order under section 15(8) above], shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)Regulations under this Act may make different provision for different cases or different circumstances and may contain such incidental, supplementary or transitional provisions as the Secretary of State thinks fit.
(5)Without prejudice to subsection (4) above, regulations under any provision of this Act other than section F3 section 38(5) may make in relation to Wales provision different from that made in relation to England.
Editorial Information
X1S. 35 repealed (S.) by Education (Scotland) Act 1980 (c. 44), Sch. 5
Textual Amendments
F1Words repealed (E.W.) by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(7), Sch. 6 Pt. I
F2Words repealed (prosp.) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(6), 237(2), Sch. 13 Pt. II
F3Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
There shall be defrayed out of moneys provided by Parliament—
(a)any expenses incurred by the Secretary of State under this Act; and
(b)any increase attributable to this Act in the sums payable out of such moneys under any other Act.
(1)This Act shall come into force on such date as the Secretary of State may by order appoint, and different dates may be appointed for different provisions or different purposes.
(2)Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions, or of any other provisions of this Act then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act before the coming into force of any other provision.
Editorial Information
X2S. 37 repealed (S.) by Education (Scotland) Act 1980 (c. 44), Sch. 5
Modifications etc. (not altering text)
C1Power of appointment conferred by s. 37(1) fully exercised: S.I. 1980/489, 959; 1981/789, 1064
(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. . . F4
(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. . . F4
(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.
[F5(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) . . . F4
(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
X3S. 38 repealed (S.) by Education (Scotland) Act 1980 (c. 44), Sch. 5
Textual Amendments
F4Words omitted by virtue of Education (Scotland) Act 1980 (c. 44), Sch. 5
F5S. 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)
C2S. 38(5) applied by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 51(10)
C3The 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.
Marginal Citations