Education Act 1973

SCHEDULES

SCHEDULE 1 Transitional and Supplementary Provisions as to Charities etc.

1 (1) In section 43 of the [1960 c. 58.] Charities Act 1960, in its application to regulations made on or after the appointed day, there shall be substituted for subsection (1)—

“(1) Save as otherwise provided by this Act, any power to make regulations which is conferred by this Act shall be exercisable by the Secretary of State”;

and in subsection (3) for the words (as originally enacted) "the Secretary of State or the Minister of Education " there shall be substituted the words " or the Secretary of State " .

(2) Section 206(3) of the [1972 c. 70.] 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 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.

(3) Any register, books and documents which on the appointed day are in the possession or custody of the Secretary of State for Education and Science, or of the Secretary of State for Wales, and which in his opinion he requires no longer by reason of the repeal of section 2(1) of the Charities Act I960, shall be transferred to the Charity Commissioners.

(4) The repeal by this Act of section 2(1) of the 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 mat Act to the Minister of Education; or

(b) in extending to the Charity Commissioners references to the Secretory 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.

(5) Where it appears to the Secretary of State for Education and Science or the Secretary of State for Wales that any reference which, in accordance with sub-paragraph (4) above would on the appointed day cease to extend to him, is not related (or not wholly related) to the functions ceasing to belong to him by the repeal of section 2(1) of the [1960 c. 58.] Charities Act 1960, he may by order made at any time, whether before the appointed day or not, 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 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.

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 [1873 c. 86.] Endowed Schools Act 1873, the scheme may be proceeded with as if section 1 of this Act had not been passed.

(2) Where before the passing of this Act a draft scheme under the 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 [1869 c. 56.] 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.

3 The repeals made by this Act in sections 17 and 100 of the [1944 c. 31.] Education Act 1944 shall not affect any order made by virtue of the provisions repealed, or the operation in relation to any such order of section 111 of that Act (which relates to the revocation and variation of orders).

SCHEDULE 2 Repeals

PART I Repeals of Spent etc. Enactments

Chapter	Short Title	Extent of Repeal
8 & 9 Geo. 5. c. 39.	The Education Act 1918.	Section 14.
		In section 47, the words from " except " to " direct " and the words from " and the Board " onwards.
		Section 52(1) from the first " and " onwards.
7 & 8 Geo. 6. c. 31.	The Education Act 1944.	Section 119.
		Section 121. except proviso (a).
		Schedule 9.
1 & 2 Eliz. 2. c. 33.	The Education (Miscellaneous Provisions) Act 1953.	Section 14.
		Section 17(2).
		Schedule 2.
2 & 3 Eliz. 2. c. 70.	The Mines and Quarries Act 1954.	In section 166 the words " section 14 of the Education Act 1918 ", and the words " the said section 14 ".
		In Schedule 4 the entry relating to the Education Act 1918.
8 & 9 Eliz. 2. c. 58.	The Charities Act 1960.	Section 4(10).
		Section 38(1) and (2).
		Section 39(1).
		Section 44(3).
		Section 48(2).
		Section 49(3).
		In Schedule 1, paragraph 1(6) and paragraph 2(3).
		Schedule 5.
		In Schedule 6 the entry for the Reorganisation Areas Measure 1944.
		Schedule 7.
9 & 10 Eliz. 2. c. 34.	The Factories Act 1961.	In section 167 the words " section 14 of the Education Act 1918 ".
1963 c. 33.	The London Government Act 1963.	In section 81, subsections (1) to (8) (but not so as to alter the charity trustees of any charity) and subsection (10).

PART II General

Chapter	Short Title	Extent of Repeal
32 & 33 Vict. c. 56.	The Endowed Schools Act 1869.	The whole Act.
36 & 37 Vict. c. 86.	The Endowed Schools Act 1873.	The whole Act.
12 & 13 Geo. 5. c. 50.	The Expiring Laws Continuance Act 1922.	In Schedule 1, the entry for the Endowed Schools Act 1869.
7 & 8 Geo. 6. c. 31.	The Education Act 1944.	In section 17(6) (as added by the Education Act 1968) the words from " or such modifications " to " trust deed ".
		Section 86.
		Section 100(4).
11 & 12 Geo. 6. c. 40.	The Education (Miscellaneous Provisions) Act 1948.	Section 2.
		In section 11(1) the words from the first " and " to the following " Schedule ".
		In section 14, in subsection (2) the words from " (except " to the following " 1908) " and the words from " and the said" onwards, and in subsection (3) the words from " (other " to the following " provisions)" and the words from " and the said " onwards.
		In Schedule 1, Part II.
8 & 9 Eliz. 2. c. 58.	The Charities Act 1960.	Section 2(4).
1968 c. 17.	The Education Act 1968.	In Schedule 1, in paragraph 2, the words from " or such modifications " to " trust deed ".
Church Assembly Measure
1967 No. 2.	The Extra-Parochial Ministry Measure 1967.	In section 2(5), the words " and section 53 of the Endowed Schools Act 1869" and the words " and endowed ".

PART III Repeals Relating to Charities

Chapter	Short Title	Extent of Repeal
10 & 11 Geo. 6. c. 44.	The Crown Proceedings Act 1947.	Section 23(3)(e).
8 & 9 Eliz. 2. c. 58.	The Charities Act 1960.	Section 2(1), (2). (3) and (5).
		Section 3(8).
		In section 4(8) the words " or of the Minister of Education ".
		In section 10(6) the words " and to the Minister of Education ".
		Section 18(13).
		Section 19(9).
		Section 20(11).
		Section 22(12).
		In section 44, in subsection (1)(b) the words " the Minister of Education " and in subsection (2) the words " by the Minister of Education or ".
		In Schedule 6, in the entry relating to section 31 of the New Parishes Measure 1943 the words " or Minister of Education ".
1969 c. 22.	The Redundant Churches and other Religious Buildings Act 1969.	In section 4, in subsection (3) the words " and the Secretary of State for Education and Science " and in subsection (4) the words " and (13) ".
Church Assembly Measures
6 & 7 Geo. 6. No. 1.	The New Parishes Measure 1943.	In section 31 the words " or of the Board of Education " and the words "or Minister of Education" inserted by the Charities Act 1960.
1968 No. 1.	The Pastoral Measure 1968.	Section 90(3).