Education Act 1973

1973 CHAPTER 16

An Act to make provision for terminating and in part replacing the powers possessed by the Secretary of State for Education and Science and the Secretary of State for Wales under the Charities Act 1960 concurrently with the Charity Commissioners or under the Endowed Schools Acts 1869 to 1948, and enlarging certain other powers of modifying educational trusts, and for supplementing awards under section 1 and restricting awards under section 2 of the Education Act 1962, and for purposes connected therewith.

[18th April 1973]

Modifications etc. (not altering text)

C1 Act amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 18(2)

C2 Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 163(1), 231(7), 235(6)

C3 Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(2)

C4 Act applied (Canterbury and York, except Channel Islands and Isle of Man) (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1), s. 7(3);Archbishops' Instrument made 26.7.1991

Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

C5 Act applied (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), reg. 1, Sch. 2 para. 2

C6 Act modified (7.4.2005) by Education Act 2005 (c. 18), ss. 96(2), 125(1)(b)

Commencement Information

I1 Act partly in force at Royal Assent see s. 1(5); Act wholly in force at 1.2.1974

Educational trusts E+W

1 General provisions as to educational trusts. E+W

(1) There shall cease to have effect—

(a) section 2 of the M1 Charities Act 1960 (by which, as originally enacted, the powers of the Charity Commissioners were made exercisable concurrently by the Minister of Education); and

(b) the Endowed Schools Acts 1869 to 1948 (which made provision for the modernisation of educational trusts by schemes settled and approved in accordance with those Acts).

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In connection with the operation of this section there shall have effect the transitional and other consequential or supplementary provisions contained in Schedule 1 to this Act.

(4) The enactments mentioned in Schedule 2 to this Act (which includes in Part I certain enactments already spent or otherwise no longer required apart from the foregoing provisions of this section) are hereby repealed to the extent specified in column 3 of the Schedule.

(5) Subsection (1)(a) above and Part III of Schedule 2 to this Act shall not come into force until such date as may be appointed by order made by statutory instrument by the Secretary of State.

Textual Amendments

F1 S. 1(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

Modifications etc. (not altering text)

C7 The text of s. 1(4) 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.

C8 1.2.1974 appointed under s. 1(5) by S.I. 1973/1661

Marginal Citations

M1 1960 c. 58.

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 2 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

Awards E+W

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 3 repealed (1.1.1999) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/3237, art. 2(1)(b) (with arts. 3, 4); And words in s. 3 (to the extent that they continue in force by virtue of any savings made, in connection with their repeal by the Teaching and Higher Education Act 1998) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 4 para. 5(1)Sch. 4 para. 5(2)(b)

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W

Textual Amendments

F4 S. 4 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(7), Sch. 7

Supplementary E+W

5 Citation and extent. E+W

(1) This Act may be cited as the Education Act 1973 F5 . . ..

(2) Nothing in this Act extends to Scotland or to Northern Ireland.

Textual Amendments

F5 Words in s. 5(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

SCHEDULES

SCHEDULE 1 E+W Transitional and Supplementary Provisions as to Charities etc.

1 F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

(2) Section 210(3) of the M2 Local Government Act 1972 (which makes special provision for certain charitable property to vest in local education authorities, if it is held for purposes of a charity registered in a part of the charities register maintained by the Secretary of State by virtue of section 2 of the M3 Charities Act 1960) shall have effect, unless the appointed day is later than the end of March 1974, as if the reference to a charity registered in a part of the register which is maintained by the Secretary of State were a reference to a charity so registered immediately before the appointed day.

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The repeal by this Act of section 2(1) of the M4 Charities Act 1960 shall not affect the operation of section 2(1)—

(a) in conferring on the Charity Commissioners functions belonging at the passing of that Act to the Minister of Education; or

(b) in extending to the Charity Commissioners references to the Secretary of State for Education and Science or the Secretary of State for Wales (or references having effect as if either of them were mentioned) so as to enable the Commissioners to discharge any such functions as aforesaid or to act under or for the purposes of the trusts of a charity;

but on the appointed day any functions so conferred and any reference so extended shall, subject to sub-paragraph (5) below, cease to be functions of or to extend to either Secretary of State.

[F7 (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.]

(6) The repeal of section 2(1) of the M5 Charities Act 1960 shall not affect the validity of anything done (or having effect as if done) before the appointed day by or in relation to the Secretary of State for Education and Science or the Secretary of State for Wales, and anything so done (or having effect as if so done) in so far as it could by virtue of section 2(1) have been done by or in relation to the Charity Commissioners shall thereafter have effect as if done by or in relation to them.

(7) In this paragraph “appointed day” means the day appointed under section 1(5) of this Act.

Textual Amendments

F6 Sch. 1 para. 1(1) and (3) repealed (1.8.1993) by 1993 c. 10, ss. 98(2), 99(1), Sch. 7

F7 Sch. 1 para. 1(5) substituted (1.1.1996) by S.I. 1995/2986, art. 11, Sch. para. 7

Marginal Citations

M2 1972 c. 70.

M3 1960 c. 58.

M4 1960 c. 58.

M5 1960 c. 58.

2 (1) Where before the passing of this Act a scheme under the Endowed Schools Acts 1869 to 1948 has been published as required by section 13 of the M6 Endowed Schools Act 1873, the scheme may be proceeded with as if section 1 of this Act had not been passed. E+W

(2) Where before the passing of this Act a draft scheme under the M7 Endowed Schools Acts 1869 to 1948 has been prepared in a case in which effect might be given to the scheme by order under section 2 of this Act, and the draft scheme has been published as required by section 33 of the Endowed Schools Act 1869, the scheme may be proceeded with in pursuance of section 2 of this Act as if section 2(2)(a) and (b) had been complied with on the date this Act is passed.

Marginal Citations

M6 1873 c. 86.

M7 1869 c. 56.

F8 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 1 para. 3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

SCHEDULE 2 E+W REPEALS

Modifications etc. (not altering text)

C9 The text of Sch. 2 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.