Education Act 1980

Miscellaneous E+W

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 S. 27 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 218(13), 231(7), 235(6), 237(2), Sch. 13 Pt. II

28 Provision of education at non-maintained schools. E+W

(1) (So much of section 9(1) of the M1 Education Act 1944 at and section 6(1) of the M2 Education (Miscellaneous Provisions) Act 1953 (arrangements with non-maintained schools) as makes the exercise of the powers of local education authorities under those provisions subject to the approval of the Secretary of State shall cease to have effect.

(2) In the said section 6(1) the words “For the purpose of fulfilling their duties under the principal Act” shall be omitted.

(3) Section 5(2) of the M3 Education Act 1976 (under which regulations empowering local education authorities to pay fees and expenses in respect of children attending fee-paying schools may include provision requiring authorities to exercise their powers in accordance with arrangements approved by the Secretary of State) shall cease to have effect.

Modifications etc. (not altering text)

C1 The text of S. 28(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C2 The text of S. 28(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C3 The text of S. 28(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1944 c. 31.

M2 1953 c. 53.

M3 1976 c. 81.

29 Provision of clothing for physical training etc. E+W

(1) In subsection (3) of section 5 of the M4 Education (Miscellaneous Provisions) Act 1948 (provision of clothing for physical training) for the words “The Minister may make regulations empowering a local education authority to provide” there shall be substituted the words “A local education authority may provide” and for the words “as may be prescribed” there shall be substituted the words “as may be determined by the authority”.

(2) After subsection (6) of that section (under which the parent of a person provided with clothing under that section may be required to make a payment to the local education authority) there shall be inserted—

“(6A) Where a person who has attained the age of eighteen years (other than a registered pupil at a school) is provided with clothing under this section any reference in subsection (6) above to his parent shall be construed as a reference to that person.”

Modifications etc. (not altering text)

C4 The text of S. 29(1) 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.

C5 The text of S. 29(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.

Marginal Citations

M4 1948. c. 40.

30 Relaxation of Ministerial control of local education authorities. E+W

(1) So much of the provisions of the Education Act 1944 mentioned in subsection (2) below as makes the exercise of any power by a local education authority subject to the approval or consent of the Secretary of State or subject to the provisions of regulations made by him shall cease to have effect.

(2) The provisions referred to above are—

(a) section 53(1) (recreation facilities);

(b) section 61(2) (boarding fees);

(c) section 82 (educational research);

(d) section 83 (education conferences); and

(e) section 84 (assistance for universities etc.).

(3) Section 12 of the said Act of 1944 (duty to make local education orders) shall cease to have effect.

Modifications etc. (not altering text)

C6 The text of S. 30(1)(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.

C7 The text of S. 30(3) 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.

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 31 repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I subject to a saving in Education Reform Act 1988 (c. 40, SIF 41:1), ss. 225(1), 231(7), 235(6)

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 S. 32 repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I

33 Discrimination by local education authorities. E+W

(1)

F4 (2) In section 23(2) of the said Act of 1975 and section 18(2) of the said Act of 1976 (discrimination by education authorities) for the words “the Education (Scotland) Acts 1939 to 1974” and “the Education (Scotland) Acts 1939 to 1975” respectively there shall be substituted the words “the Education (Scotland) Acts 1939 to 1980”.

(3) In Schedule 2 to the said Act of 1975, paragraph 2 shall be omitted and for paragraph 4 there shall be substituted—

“4 Regulations under section 27 of the Education Act 1980 may provide for the submission to the Secretary of State of an application for the making by him of a transitional exemption order in relation to any school or further education establishment to which that section applies and not falling within paragraph 3 above, and for the making by him of the order.”

Textual Amendments

F4 S. 33(1) repealed by Education Act 1981 (c. 60, SIF 41:1), Sch. 4

Modifications etc. (not altering text)

C8 The text of S. 33(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.

C9 The text of S. 33(3) 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.

34 Definition and registration of independent schools. E+W

(1). In the definition of “independent school” and “school” in section 114(1) of the M5 Education Act 1944 for the words “a school in respect of which grants are made by the Minister to the proprietor of the school” there shall be substituted the words “a special school not maintained by a local education authority”.

(2) Subsection (2) of section 70 of the said Act of 1944 (order exempting schools from registration) shall cease to have effect.

(3) The Registrar of Independent Schools shall, without any application in that behalf, enter in the register kept by him under subsection (1) of the said section 70—

(a) any school which by virtue of subsection (1) above becomes an independent school; and

(b) any school which was exempt from registration by virtue of subsection (2) of the said section 70 immediately before the coming into force of this section.

(4) Proviso (b) to subsection (1) of the said section 70 (registration of school to be provisional unit it has been inspected) shall not apply to the registration of a school under subsection (3) above unless the Registrar has before the coming into force of this section given written notice to the proprietor of the school that the registration will be provisional.

(5) In this section “the Registrar of Independent Schools” means, in relation to any school in England, the Registrar of Independent Schools for England and, in relation to any school in Wales, the Registrar of Independent Schools for Wales.

(6). After subsection (3) of the said section 70 (offences) there shall be inserted—

“(3A) A person shall not be guilty of an offence under subsection (3)(a) above by reason of conducting a school at any time within the period of one month from the date on which it was first conducted (whether by that person or another) if an application for the registration of the school has been duly made within that period.”

(7) For subsection (4) of the said section 70 (furnishing of particulars about independent schools) there shall be substituted—

“(4) The Secretary of State may by regulations make provision for requiring the proprietor of a registered or provisionally registered school to furnish the Registrar from time to time with such particulars relating to the school as may be prescribed and for enabling the Secretary of State to order the deletion from the register of the name of any school in respect of which any requirement imposed by or under the regulations is not complied with.

(5) The power to make regulations under this section shall be exercisable by the Secretary of State for Education and Science in relation to schools in England and by the Secretary of State for Wales in relation to schools in Wales.”.

Modifications etc. (not altering text)

C10 The “said section 70” means Education Act 1944 (c. 31), s. 70

C11 The text of S. 34(1) 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.

C12 The text of S. 34(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.

C13 The text of S. 34(6) 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.

C14 The text of S. 34(7) 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.

Marginal Citations

M5 1944 c. 31.