The Transfer of Functions (Education and Employment) Order 1995

Article 11.

SCHEDULE Consequential Amendments

Education Act 1944 (c. 31)

1.  Section 70(5) of the Education Act 1944 (registration of independent schools: making of regulations)(1) is hereby repealed.

Reserve and Auxiliary Forces (Protection of Civil Interest) Act 1951 (c. 65)

2.  In paragraph 14 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(2) (capacities in respect of which payments may be made: education), the words which are to be construed as referring to the Secretary of State for Education and the words “or, as respects Scotland,” shall be omitted.

Commonwealth Institute Act 1958 (c. 16)

3.  In section 2(1) of the Commonwealth Institute Act 1958 (trustees), for the words which are to be construed as referring to the Secretary of State for Education there shall be substituted the words “the Secretary of State for Education and Employment”.

Professions Supplementary to Medicine Act 1960 (c. 66)

4.  In paragraph 4(1)(c) of Schedule 1 to the Professions Supplementary to Medicine Act 1960 (constitution of boards), for the words which are to be construed as reference to the Secretary of State for Education there shall be substituted the words “the Secretary of State for Education and Employment”.

Parliamentary Commissioner Act 1967 (c. 13)

5.  In Schedule 2 to the Parliamentary Commissioner Act 1967(3) (departments, & c. subject to investigation)—

(a) the entries relating to the Department for Education and the Department of Employment are hereby repealed; and

(b) there shall be inserted at the appropriate place—

• “The Department for Education and Employment.”.

Finance Act 1969 (c. 32)

6.  In section 58(2) of the Finance Act 1969 (disclosure of information for statistical purposes by Board of Inland Revenue: earnings)—

(a) for the words “Department of Employment” there shall be substituted the words “Central Statistical Office of the Chancellor of the Exchequer”; and

(b) for the words “that Department” there shall be substituted the words “that Office”.

Education Act 1973 (c. 16)

7.  For paragraph 1(5) of Schedule 1 to the Education Act 1973(4) (transitional and supplementary provisions as to charities) there is substituted—

“(5) Where it appears to the Secretary of State that any reference, which in accordance with sub-paragraph (4) above ceased on the appointed day to extend to the Secretary of State for Education and Science or the Secretary of State for Wales, was not related (or not wholly related) to the functions ceasing to belong to that Minister by the repeal of section 2(1) of the Charities Act 1960, he may by order exclude the operation of that sub-paragraph in relation to the reference and make such modifications of the relevant instrument as appear to him appropriate in the circumstances.”.

Employment and Training Act 1973 (c. 50)

8.  In section 4 of the Employment and Training Act 1973 (disclosure of information)(5), after the words “Secretary of State”, in each place where they occur, there shall be inserted the words “or the Chancellor of the Exchequer”.

Health Education Authority (Establishment and Constitution) Order 1987 (S.I. 1987/6)

9.  In article 4(b) of the Health Education Authority (Establishment and Constitution) Order 1987 (constitution of the Authority)(6), for the words which are to be construed as referring to the Secretary of State for Education there shall be substituted the words “the Secretary of State for Education and Employment”.

(1)

The reference to the Minister of Education is required to be construed as a reference to the Secretary of State for Education by virtue of the Secretary of State for Education and Science Order 1964 (S.I. 1964/490), art. 3(2)(a) and the Transfer of Functions (Science) Order 1992 (S.I. 1992/1296), art. 6.

(2)

The reference to the Minister of Education is required to be construed as a reference to the Secretary of State for Education by virtue of the Secretary of State for Education and Science Order 1964 (S.I. 1964/490), art. 3(2)(a) and the Transfer of Functions (Science) Order 1992 (S.I. 1992/1296), art. 6.

(3)

Relevant amendments are as follows—

(a)

Schedule 2 was substituted by the Parliamentary and Health Service Commissioners Act 1987 (c. 39), S. 1(2) & Sched. 1; and

(b)

the entry relating to the Department for Education was substituted for an earlier entry by the Transfer of Functions (Science) Order 1992, art. 6(1) & Sched., para. 3(a).

(4)

The reference to the Secretary of State for Education and Science is to be construed as a reference to the Secretary of State for Education by virtue of the Transfer of Functions (Science) Order 1992 (S.I. 1992/1296), art. 6.

(5)

Relevant amendments were made by the Employment Act 1989 (c. 38), Sched. 6, para. 9 and Sched. 7.

(6)

The reference to the Secretary of State for Education and Science is to be construed as a reference to the Secretary of State for Education by virtue of the Transfer of Functions (Science) Order 1992 (S.I. 1992/1296), art. 6.