(1)There shall cease to have effect—
(a)section 2 of the M1Charities Act 1960 (by which, as originally enacted, the powers of the Charity Commissioners were made exercisable concurrently by the Minister of Education); and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).
(2)The Secretary of State may by order—
(a)make such modifications of any trust deed or other instrument relating to a school as, after consultation with the . . . F1 governors or other proprietor of the school, appear to him to be requisite in consequence of any [F2order made by him under section 16 of the Education Act 1944 or proposals falling to be implemented under section 12 or 13 of the Education Act 1980] (which relate to the establishment of and changes affecting schools); and
F3[(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)make such modifications of any trust deed or other instrument relating to or regulating any institution that provides or is concerned in the provision of educational services, or is concerned in educational research, as, after consultation with the persons responsible for the management of the institution, appear to him to be requisite to enable them to fulfil any condition or meet any requirement imposed by regulations under section 100 of the M2Education Act 1944 (which authorises the making of grants in aid of educational services or research);
and any modification made by an order under this subsection may be made to have permanent effect or to have effect for such period as may be specified in the order.
This subsection shall be construed, and the M3Education Acts 1944 to 1971 shall have effect, as if this subsection were contained in the Education Act 1944.
(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already spent or otherwise no longer required apart from the foregoing provisions of this section) are hereby repealed to the extent specified in column 3 of the Schedule.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
F1Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 26
F2Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 17
F3S. 1(2)(b) repealed (1.4.1994) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 51, Sch. 21 Pt. I; S.I. 1994/507, art. 4, Sch. 2, APPENDIX
Modifications etc. (not altering text)
C1The 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.
C21.2.1974 appointed under s. 1(5) by S.I. 1973/1661
Marginal Citations