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An Act to amend the law relating to education.
[7th November 1986]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Extent Information
E1Except for certain provisions this Act extends only to England and Wales see s. 67(7)
E2The extent provision of this Act was amended (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 66 (with ss. 561, 562, Sch. 39); see s. 67
Modifications etc. (not altering text)
C1Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 163(1), 231(7), 235(6)
C2Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(2)(a)
C3Act applied (with modifications) (1.1.1994) by 1993 c. 35, ss. 238, 239, Sch. 13 para.7(2)(a); S.I. 1993/3106, art. 4, Sch.1
Act explained (21.9.1994) by 1994 c. 30, s. 19(4); S.I. 1994/2204, art. 2(1)
C4Act: certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch.1
C5Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 art. 2
C6Act applied (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2
C7Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)
C8Act Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)
Commencement Information
I1Act partly in force at Royal Assent, see s.66; Act wholly in force at 1.9.1987
Textual Amendments
F1Ss. 1-42 (Pts. I-III) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch.39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F2Ss. 1-42 (Pts. I-III) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch.38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F24Ss. 1-42 (Pts. I-III) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
(1)Every individual and body of persons concerned in the government of any establishment to which this section applies shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers.
(2)The duty imposed by subsection (1) above includes (in particular) the duty to ensure, so far as is reasonably practicable, that the use of any premises of the establishment is not denied to any individual or body of persons on any ground connected with—
(a)the beliefs or views of that individual or of any member of that body; or
(b)the policy or objectives of that body.
(3)The governing body of every such establishment shall, with a view to facilitating the discharge of the duty imposed by subsection (1) above in relation to that establishment, issue and keep up to date a code of practice setting out—
(a)the procedures to be followed by members, students and employees of the establishment in connection with the organisation—
(i)of meetings which are to be held on premises of the establishment and which fall within any class of meeting specified in the code; and
(ii)of other activities which are to take place on those premises and which fall within any class of activity so specified; and
(b)the conduct required of such persons in connection with any such meeting or activity;
and dealing with such other matters as the governing body consider appropriate.
(4)Every individual and body of persons concerned in the government of any such establishment shall take such steps as are reasonably practicable (including where appropriate the initiation of disciplinary measures) to secure that the requirements of the code of practice for that establishment, issued under subsection (3) above, are complied with.
(5)The establishments to which this section applies are—
(a)any university;
[F54(aa) any institution other than a university within the higher education sector]
[F55(b)any establishment of higher or further education which is maintained by a [F56local authority] ;]
[F57(ba) any institution within the further education sector]
F58(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section—
“governing body”, in relation to any university, means the executive governing body which has responsibility for the management and administration of its revenue and property and the conduct of its affairs (that is to say the body commonly called the council of the university);
“university” includes a university college and any college, or institution in the nature of a college, in a university.
(7)Where any establishment—
(a)falls within subsection (5)(b) above; or
F59(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the [F56local authority] [F60. . .] shall, for the purposes of this section, be taken to be concerned in its government.
(8)Where a students’ union occupies premises which are not premises of the establishment in connection with which the union is constituted, any reference in this section to the premises of the establishment shall be taken to include a reference to the premises occupied by the students’ union.
Textual Amendments
F54S. 43(5)(aa) substituted (1.4.1993) (for s. 43(5)(aa) which was inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 100(2)) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. Pt. I 22(a)(i); S.I. 1992/831, art. 2, Sch. 3
F55S. 43(5)(b) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 100(3)
F56Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 3
F57S. 43(5)(ba) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 22(a)(ii); S.I. 1992/831, art. 2, Sch.3
F58S. 43(5)(c) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 22(a)(iii), Sch. 9; S.I. 1992/831, art. 2, Sch. 3Appendix
F59S. 43(7)(b) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I, para. 22(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3Appendix
F60Words in s. 43(7) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 22(b), Sch.9; S.I. 1992/831, art. 2, Sch. 3Appendix
Textual Amendments
F61Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F62Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F63Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F64Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F65Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
After section 48 of the M1Education Act (Scotland) 1980, there shall be inserted the following new section—
(1)Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified on the ground that it was done in pursuance of a right exercisable by the member of the staff by virtue of his position as such.
(2)Subject to subsection (3) below, references in this section to giving corporal punishment are references to doing anything for the purposes of punishing the pupil concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute physical assault upon the person.
(3)A person is not to be taken for the purposes of this section as giving corporal punishment by virtue of anything done for reasons which include averting an immediate danger of personal injury to, or an immediate danger to the property of, any person (including the pupil concerned).
(4)A person does not commit an offence by reason of any conduct relating to a pupil which would, apart from this section, be justified on the ground that it was done in pursuance of a right exercisable by a member of the staff by virtue of his position as such.
(5)In this section “pupil” means a person—
(a)for whom education is provided—
(i)at a public school,
(ii)at a grant-aided school, or
(iii)at an independent school, maintained or assisted by a Minister of the Crown, which is a school prescribed by regulations made under this section or falls within a category of schools so prescribed.
(b)for whom school education is provided by an education authority otherwise than at a school, or
(c)to whom subsection (6) below applies and for whom education is provided at an independent school which does not fall within paragraph (a)(iii) above.
(6)This subsection applies to a person if—
(a)he holds an assisted place under a scheme operated by the Secretary of State under section 75A of this Act.
(b)any of the fees or expenses payable in respect of his attendance at school are paid by the Secretary of State under section 73(f) of this Act.
(c)any of the fees payable in respect of his attendance at school are paid by an education authority under section 24(1)(c), 49(2)(b), 50(1) or 64(3) of this Act, or
(d)he falls within a category, prescribed by regulations made under this section, of persons appearing to the Secretary of State to be persons in respect of whom any fees are paid out of public funds.
(7)In this section “member of the staff” means—
(a)in relation to a person who is a pupil by reason of the provision of education for him at any school, any teacher who works at the school and any other person who has lawful control or charge of the pupil and works there, and
(b)in relation to a person who is a pupil by reason of the provision of school education for him by an education authority at a place other than a school, any teacher employed by the authority who works at that place and any other person employed by the authority who has lawful control or charge of the pupil and works there.
(8)The Secretary of State may, by order made by statutory instrument, prescribe—
(a)schools or categories of school for the purposes of subsection (5)(a)(iii) above; and
(b)categories of persons for the purposes of subsection (6)(d) above.
(9)A person shall not be debarred from receiving education (whether by refusing him admission to, or excluding him from, a school or otherwise) by reason of the fact that this section applies in relation to him, or if he were admitted might so apply.
(10)The power conferred on the Secretary of State by paragraph 4 of Schedule 1A to this Act to revoke a determination under section 75A of this Act if he is not satisfied that appropriate educational standards are being maintained includes power to do so if he is not satisfied that subsection (9) above is being complied with.”
Marginal Citations
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F66S. 49 repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 131(8), 215(2), 216(4) {Sch. 22 Pt. 3} (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); S.I. 2002/3185, art. 4, Sch. Pt. 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F67S. 50 omitted (1.9.2005) by virtue of Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 10, Sch. 19 Pt. 3
Textual Amendments
F68Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F69Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F70Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F71Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F72Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F73Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F74Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F75Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F76Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Textual Amendments
F77Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
(1)No person shall be qualified for membership of the governing body of any institution [F78which is maintained by a [F56local authority] and which provides higher education or further education (or both)];
unless he is a student of the institution or is aged eighteen or over at the date of his election or appointment.
(2)The Secretary of State may by regulations make provision restricting—
(a)in relation to such matters or classes of matter as may be prescribed;
(b)in such circumstances as may be prescribed; and
(c)to such extent as may be prescribed;
the participation of any student of such an institution who is a member of its governing body in the proceedings of that body.
(3)The instrument of government for any such institution may make such provision in relation to restricting the participation of any such student in the proceedings of its governing body (in addition to that made by the regulations) as the regulations may authorise.
Textual Amendments
F56Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 3
F78Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 104
(1)The Secretary of State may make regulations requiring the governing body—
F79(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F79. . .of every institution of a kind mentioned in section 61 of this Act;
to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.
(2)Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.
Textual Amendments
F79S. 62(1)(a) and the (b) immediately following it repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
Modifications etc. (not altering text)
C44S. 62 applied (with modifications) (1.4.1994) by S.I. 1994/653, regs. 2(2), 42(1), Sch. Pt. I
S. 62 applied (9.4.1994) by S.I. 1994/1064, reg. 8(1), Sch. 2 Pt. I
(1)Any power of the Secretary of State to make orders or regulations under this Act F80. . . shall be exercised by statutory instrument.
(2)Any such statutory instrument (other than one made under section F81. . . 66, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F82(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Regulations and orders under this Act may make different provision for different cases or different circumstances and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.
F83(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F80Words in s. 63(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
F81Words in s. 63(2) repealed (1.11.1996) by virtue of 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
F82S. 63(2A) repealed (1.11.1996) by virtue of 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
F83S. 63(4) repealed (1.4.1995) by 1993 c. 35, ss. 307(1)(3), 308(3), Sch. 19 para. 107(b), Sch. 21 Pt. II; S.I. 1994/1558, art. 3, Sch. Appendix
There shall be defrayed out of money 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 money under any other Act.
(1)In this Act—
F84. . .
F84. . .
F84. . .
F85. . .
F84. . .
F84. . .
[F86“establishment of higher or further education” means an institution which provides higher education or further education (or both);]
F84. . .
F84. . .
F84. . .
F84. . .
F84. . .
F84. . .
F84. . .
(2)Except where otherwise provided, in this Act “governing body” and “governor” do not include a temporary governing body or any member of such a body.
Textual Amendments
F84S. 65(1): all the definitions except that of "establishment of higher or further education" repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
F85Definition in s. 65(1) repealed (1.4.1994) by 1993 c. 35, s. 303(4), 307(1)(3), Sch. 19 para. 108, Sch. 21 Pt. I; S.I. 1994/507, art. 4, Sch. 2
F86Definition inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(1), 235(6), 237(1), Sch. 12 para. 105
(1)Sections F87. . . 63 to 65, this section and section 67(1) F87. . . and (7) of this Act shall come into force on the passing of this Act.
(2)Section 49 F88. . . of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
(3)The other provisions shall come into force on such date as the Secretary of State may by order appoint.
(4)Different dates may be appointed for different provisions or different purposes including, in particular, for the purpose of bringing particular provisions into force only in relation to particular schools or categories of school.
(5)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 brought into force by the order.
(6)Any such order may include such adaptations of the provisions which it brings into force, 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 (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.
Subordinate Legislation Made
P3Power of appointment conferred by s. 66(3) fully exercised: S.I. 1986/2203, 1987/344, 1159
Textual Amendments
F87Words in s. 66(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
F88Words in s. 66(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
(1)This Act may be cited as the Education (No. 2) Act 1986.
F89(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This Act shall be construed as one with [F90the Education Act 1996.]
(4)Schedule 4 to this Act (which makes consequential amendments) shall have effect.
F89(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)[F91In this Act section 48 and this section extend to Scotland,] but otherwise this Act extends only to England and Wales.
Textual Amendments
F89S. 67(2)(5) and (6) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583(2), Sch. 37 Pt. I para. 66(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
F90Words in s. 67(3) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 66(3) (with ss. 1(4), 561, 562, Sch. 39)
F91Words in s. 67(7) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 66(4) (with ss. 1(4), 561, 562, Sch. 39)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F92 Schs. 1-3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F93 Schs. 1-3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39(with ss. 1(4), 561, 562, Sch. 39)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F102 Schs. 1-3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39(with ss. 1(4), 561, 562, Sch. 39)
Section 67 (4).
F1151U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F115Sch. 4 paras. 1, 2 and 5 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39(with ss. 1(4), 561, 562, Sch. 39)
F1162U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F116Sch. 4 paras. 1, 2 and 5 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch. 39(with ss. 1(4), 561, 562, Sch. 39)
3U.K.In section 4(5) of the Education Act 1962 (meaning of “training” in relation to grants for training of teachers) for “section 2 and 3” there shall be substituted “section 2”.
4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117
Textual Amendments
F1185U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F118Sch. 4 paras. 1, 2 and 5 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch. 39(with ss. 1(4), 561, 562, Sch. 39)
6U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119
Textual Amendments
7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F121Sch. 5 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch. 39(with ss. 1(4), 561, 562, Sch. 39)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F122Sch. 6 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39(with ss. 1(4), 561, 562, Sch. 39)