section 126 or 130 of this Act,

Schedule 21 to the School Standards and Framework Act 1998 (“the 1998 Act”), or

the provisions of that Schedule other than paragraph 2(4), or

subsection (3) below,

dividing and apportioning property, rights and liabilities which fall to be transferred under any transfer to which this section applies by a transferor authority or body where that property has been used or held, or the rights or liabilities have been acquired or incurred, for the purposes of more than one school or other educational institution;

excluding from transfer in certain circumstances property, rights and liabilities which would otherwise fall to be transferred under any such transfer;

providing for identifying and defining the property, rights and liabilities which fall to be transferred under a transfer to which this section applies; and

making supplementary and consequential provisions in relation to such transfers.

it shall be the duty of the Council, so far as it is reasonably practicable for them to do so, to secure that each transfer to which this section applies is, so far as possible, fully effective on the date on which it takes effect under this Act or under or by virtue of the 1998 Act.

it may not be done by the transferee; and

in doing it the Council shall be regarded as acting on behalf and in the name of the transferee;

a liability is an excepted liability for the purposes of this section if it would have been transferred under section 126(3) but for subsection (5)(b) of that section or (as the case may be) under section 130(2) of this Act but for subsection (4)(a) of that section; and

references, in relation to an excepted liability, to the default transferee and the operative date are references respectively to the body or persons to whom and the date on which that liability would have been so transferred.

the amount of the principal of the loan outstanding at the time of the payment; and

the amount of any interest accrued before that time.

the Education Assets Board may be authorised by the Secretary of State to purchase compulsorily the interest in land which was the subject of the disposal; . . . F13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

the amount of compensation agreed or awarded in respect of that purchase, together with any interest payable by the Board in respect of that compensation in accordance with section 11 of the M2Compulsory Purchase Act 1965; and

the amount of the costs and expenses incurred by the Board in connection with the making of the compulsory purchase order.

to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges they may have at their institutions;

to enable qualifying institutions to provide education, promote learning and engage in research efficiently and economically; and

to apply the principles of justice and fairness.

any university or other institution to which, during the period of three years beginning 1st August 1987, grants in aid are or have been made by the Universities Funding Council, or by the Secretary of State acting on the advice of the University Grants Committee;

any constituent college, school or hall or other institution of a university falling within paragraph (a) above; and

any institution not falling within paragraph (a) above which is authorised by charter to grant degrees and to which, during the period of three years beginning 1st August 1987, grants are or have been made by the Secretary of State.

provision enabling an appropriate body, or any delegate of such a body, to dismiss any member of the academic staff by reason of redundancy;

provision enabling an appropriate officer, or any delegate of such an officer, acting in accordance with procedures determined by the Commissioners, to dismiss any member of the academic staff for good cause;

provision establishing disciplinary procedures determined by the Commissioners for dealing with any complaints made against any member of the academic staff relating to his appointment or employment;

provision establishing procedures determined by the Commissioners for hearing and determining appeals by any members of the academic staff who are dismissed or under notice of dismissal (whether or not in pursuance of such provision as is mentioned in paragraph (a) or (b) above) or who are otherwise disciplined; and

provision establishing procedures determined by the Commissioners for affording to any member of the academic staff opportunities for seeking redress for any grievances relating to his appointment or employment.

there is no requirement for any instrument which would have the effect of modifying the provision to be approved by Her Majesty in Council or to be laid before both Houses of Parliament; and

but for this subsection, there would be no requirement for such an instrument to be approved by the Privy Council;

the fact that the institution has ceased, or intends to cease, to carry on the activity for the purposes of which he was appointed or employed by the institution, or has ceased, or intends to cease, to carry on that activity in the place in which he carried out his work; or

the fact that the requirements of that activity for members of staff to carry out work of a particular kind, or for members of staff to carry out work of a particular kind in that place, have ceased or diminished or are expected to cease or diminish.

“capability”, in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and

“qualifications”, in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the office or position held by him.

include remove or, as the case may be, removal from office; and

in relation to employment under a contract, shall be construed in accordance with F15Part X of the Employment Rights Act 1996.

his appointment is made, or his contract of employment is entered into, on or after 20th November 1987; or

he is promoted on or after that date.

his rate of remuneration is increased to a rate which exceeds the highest point on his former pay scale at the date on which the increase takes effect; or

he is paid on another scale on which the highest point at the date the variation takes effect exceeds the highest point on his former pay scale at that date; or

he is paid on a basis which does not provide for a maximum rate of remuneration.

he is appointed to, or employed in, a different office or position at the institution instead of his former office or position if the terms of his appointment or of his contract of employment which relate to remuneration are the same as those of his former appointment or contract of employment;

he is appointed to, or employed in, an additional office or position at the institution which carries no remuneration; or

he is promoted or is appointed to, or employed in, a different office or position at the institution if he is so promoted, appointed or employed only on a temporary basis for a particular purpose with an expectation that the promotion will cease to have effect, or that he will resume his former office or position, when that purpose is accomplished.

the body appearing to the Commissioners to have responsibility for the management and administration of the institution’s revenue and property and the conduct of its affairs;

such bodies representing qualifying institutions as appear to them to be concerned;

such organisations representing staff of such institutions as appear to them to be concerned;

such other persons appearing to the Commissioners to be concerned as they consider it would be appropriate to consult;

the relevant date; or

the date on which this section comes into force;

from hearing or determining appeals; or

from hearing or redressing grievances;

“the relevant date”, in relation to a qualifying institution, means the date on which the statutes of the institution include such provision as is mentioned in section 203(1)(d) and (e) of this Act; and

the reference to a member of the academic staff includes a reference to a person who is treated as such a member for the purposes of that section.

for the general purposes or any particular purposes of any exercise of the Commissioners’ powers under section 204 of this Act;

in consequence of any exercise of those powers or for the purpose of giving full effect to any such exercise; or

in consequence of the provisions of section 206 of this Act.

an Act passed or a charter granted; or

an instrument under an Act or charter made,

by reason of his way of life or, in the case of a child, his parent’s way of life he either has no fixed abode or leaves his main abode to live elsewhere for significant periods in each year;

he fell within paragraph (a) above within a prescribed period immediately preceding the making of the provision in question; or

he is for the time being resident in a camp or other accommodation or establishment provided for refugees or for displaced or similar persons.

prescribe classes or descriptions of expenditure in respect of which grants are payable under the regulations;

provide for the determination of the amount of any grant so payable;

provide for the payment of any such grant to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations; and

provide for requiring F19. . . F20F19. . . institutions within the further education sector to whom payments have been made under the regulations to comply with such requirements as may be so determined.

which may reasonably be taken to be an award granted or to be granted by a United Kingdom institution; and

any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or F26by or underAct of Parliament to grant degrees;

any award granted or to be granted by any body for the time being permitted by any body falling within paragraph (a) above to act on its behalf in the granting of degrees; or

such other award as the Secretary of State may by order designate as a recognised award for the purposes of this section.

a specified award granted or to be granted by a person named in the order; or

any award granted or to be granted by such a person.

that the defendant granted, offered to grant or issued an invitation relating to an award; and

that an address in the United Kingdom was given in any document issued by the defendant certifying the granting of the award or containing the offer or invitation in question;

that the award in question was granted or to be granted by virtue of authority conferred on or before 5th July 1988 by a foreign institution on the body granting the award; and

that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer was addressed that the award was granted or was to be granted by virtue of authority conferred by a foreign institution.

on or before 5th July 1988 authority was conferred by a foreign institution on a body to grant awards of any description for a period expiring after that date; and

new authority is conferred by the institution (whether before or after the expiry of that period) on the body to grant awards of that description;

before 12th May 1988 began to undertake a course of education approved by the person granting the award in preparation for an examination to qualify for the award; and

whether before or after that date, passes the examination;

a “United Kingdom institution” means any institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is situated outside the United Kingdom;

a “foreign institution” means any institution other than a United Kingdom institution; and

the reference to issuing an invitation relating to any award includes in particular the issuing of any circular, prospectus or advertisement relating to an award, whether addressed to the public generally, to any section of the public, or to any particular individual or individuals.

he may, for the purpose of ascertaining whether any offence under section 214 of this Act has been committed, enter and search any premises which he reasonably believes may be used for or in connection with the carrying on of a business which is concerned with the granting of awards which are not recognised awards;

he may, for that purpose, require any person carrying on or employed in connection with any such business to produce any documents or other items relating to the business and may take copies of any such document;

he may require any information which is contained in a computer and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible if he has reason to believe that it may be evidence of the commission of an offence under that section; and

he may seize and detain anything which he has reason to believe may be evidence of the commission of an offence under that section.

is satisfied that there is reasonable ground to believe that any documents or other items which a duly authorised officer has power under this section to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under section 214 of this Act; and

of a reference to this section for the reference to section 28 of that Act; and

of a reference to his functions under this section for the reference to his functions under that Act.

provides any course which is in preparation for a degree to be granted by a recognised body and is approved by or on behalf of the recognised body; or

is a constituent college, school or hall or other institution of a university which is a recognised body.

shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule; but

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

for requiring persons employed as teachers at schools, subject to such exceptions as may be provided for by or under the regulations, to be qualified teachers;

for requiring persons employed as teachers at schools, subject to such exceptions as may be provided for by or under the regulations, to be registered in accordance with section 3 of the Teaching and Higher Education Act 1998 by the General Teaching Council for England or (after their establishment) by the General Teaching Council for Wales;

for requiring persons employed as teachers at institutions falling within subsection (10) below to possess such qualifications as may be determined by or under the regulations;

for requiring persons employed as teachers at F31. . . such institutions to serve probationary periods;

with respect to the teaching staff to be provided in schools and such institutions;

for requiring the approval of the Secretary of State to be obtained for the use in F32. . . such institutions of such materials or apparatus as may be specified in the regulations, being materials or apparatus which could or might involve a serious risk to health;

with respect to the keeping, disclosure and transfer of educational records about F33persons receiving education at F32. . . such institutions and the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is a qualified teacher in accordance with any provision made by or under the regulations; or

is determined to be a qualified teacher by the Secretary of State in accordance with any provision so made;

by reference to the successful completion of a course of initial training for teachers in schools at an accredited institution; and

conferring on the Teacher Training Agency or the Higher Education Funding Council for Wales such functions in relation to accreditation or otherwise as may be prescribed.

the General Teaching Council for England, and

after their establishment, the General Teaching Council for Wales.

teachers at schools and institutions falling within subsection (10) or (11) below;

teachers employed by local education authorities otherwise than at schools or such institutions; and

as teachers at schools and institutions falling within subsection (10) or (11) below;

by local education authorities as teachers otherwise than at schools or such institutions; F41. . .

by local education authorities or by the governing bodies of schools or such institutions in such work as is mentioned in subsection (5)(c) above; F42or

by the proprietors of independent schools or at such schools as teachers or in any such work

medical grounds;

the grounds of misconduct;

the grounds that the persons concerned are not fit and proper persons to be employed as teachers or in such work as is mentioned in subsection (5)(c) above;

the grounds that the persons concerned are included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of individuals considered unsuitable to work with children); and

as respects employment or further employment as teachers, educational grounds.

local education authorities,

the governing bodies of schools or institutions falling within subsection (10) below, or

the proprietors of independent schools,

are provided by whatever means and whether under contract or otherwise, and

bring the persons providing them regularly into contact with persons who have not attained the age of nineteen years.

any F49. . . institution falling within subsection (10) below; or

any boarding hostel provided by a local education authority for F50persons receiving education at. . .any such institution;

with respect to the fees to be charged for courses of further education at institutions falling within subsection (10) or (11) below;

for requiring his approval to be obtained for the provision at such institutions of courses designated by or under the regulations as courses of initial teacher training;

for enabling him to give directions for the discontinuance of any such course at such an institution or as to the number and categories of students to be admitted to such courses at such institutions; and

it is maintained by a local education authority; orF52(aa) it is within the further education sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any reference to persons employed as teachers includes a reference to persons engaged to provide their services as teachers otherwise than under contracts of employment; and

any reference to teachers or other persons employed by local education authorities or by any description of governing bodies or proprietors includes a reference to teachers or other persons engaged to provide their services for such authorities, governing bodies or proprietors (as the case may be) otherwise than under contracts of employment;

a decision to prohibit or restrict the person’s employment or further employment on the grounds mentioned in subsection (6ZA)(a) to (d) of that section; or

a decision not to revoke or vary such a decision as is mentioned in paragraph (a) above.

make provision as to the circumstances in which the Tribunal shall allow an appeal under the regulations and as to the powers available to it on allowing such an appeal;

provide that, where a person has been convicted of an offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under the regulations.

the circumstances in which an application for leave, or a review, under the regulations shall be determined in the person’s favour;

the powers available to the Tribunal on determining a review in the person’s favour.

“relevant grounds” means the grounds mentioned in section 218(6ZA)(c) above;

“the Tribunal” means the Tribunal established under section 1 of the M8Protection of Children Act 1999.

a local education authority in their capacity as such an authority;

the governing body of F60a foundation, voluntary aided or foundation special school;; or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall not be dismissed by reason of redundancy; or

if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay him under F62section 135 of the Employment Rights Act 1996,

persons who at any time after the passing of this Act are serving in employment with the company formed and registered under the M10Companies Act 1948 and known at the passing of this Act as the Further Education Unit; and

persons who at any time before the passing of this Act have ceased to serve in employment with that company;

is situated in a member State other than the United Kingdom;

provides education for pupils who are British citizens, have attained the age of five years but not the age of nineteen years and are residing in that member State;

has a curriculum which, in the case of any pupil at the school, is broadly similar to the curriculum which he would follow if he were a pupil at a maintained school in England and Wales; and

has such other characteristics as may be prescribed.

on a regular basis provide the persons responsible for the management of the school with such information relating to educational developments in England and Wales as he thinks appropriate; and

if those persons so request, make arrangements for inspections to be made of the school F67by, or under the direction of, one or more of Her Majesty’s Inspectors of Schools for England.

is conducted by a body corporate; and

has a full-time equivalent enrolment number for courses of higher education which exceeds 55 per cent. of its total full-time equivalent enrolment number.

the Secretary of State proposes to make to the body conducting the institution grants under regulations made under F70section 485 of the Education Act 1996; and

any land or other property of a local education authority is for the time being used or held, or any subsisting rights or liabilities of such an authority were acquired or incurred, for the purposes of the institution;

all land or other property which, immediately before that date, was property of any local education authority used or held for the purposes of the designated institution; and

all rights and liabilities of any such authority subsisting immediately before that date which were acquired or incurred for those purposes.

any liability of any such authority in respect of the principal of, or any interest on, any loan; or

any liability of any such authority in respect of compensation for premature retirement of any person formerly employed by them.

a university;

an institution within the further education sector

a school maintained by a local education authority; or

a grant-maintained school.

under or in pursuance of any of the provisions mentioned in subsection (1) above; or

for the purpose of giving effect to any such transfer as is mentioned in subsection (2) above;

for enabling any authority or body by whom any powers will become exercisable on the abolition date by virtue of any provision made by or under Part III of this Act to take before that date any steps (such as the establishment of committees, the making of arrangements with other authorities or bodies with respect to the exercise of those powers or the undertaking of consultations) which are necessary or expedient in preparation for the exercise of those powers;

for enabling the Secretary of State to take before that date in relation to any such authority or body or in relation to anything done by that authority or body in accordance with any provision made by an order under that subsection any steps which are necessary or expedient for the purpose of the exercise by that authority or body of those powers;

for the making before that date of arrangements for securing the satisfactory operation from that date of any provision made by or under that Part and for defraying the cost of any such arrangements;

for amending, repealing or revoking (with or without savings) any provision of an Act passed, or an instrument under an Act made, before the abolition date, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act;

with respect to the membership of any body so far as consisting of persons elected by, or appointed by or on the nomination of ILEA, whether alone or together with one or more other bodies.

may apply in relation to any inner London council any enactment or instrument relating to the functions of local education authorities as if that council were such an authority; and

may apply in relation to any such council any enactment or instrument relating to the functions of local authorities as if that council had before the abolition date any functions specified in the order, being functions which will on that date become exercisable by that council;

shall be in addition and without prejudice to those made by any other provision of this Act; and

shall, in particular, include amendments in consequence of functions under provisions applying to the Inner London Education Area becoming exercisable in their respective areas by the inner London councils.

an Order in Council made under section 207 of this Act which amends or repeals any provision of an Act; or

any order or regulations made by the Secretary of State under this Act, other than an order under section F81. . . F82. . ., 214, 216, F83. . . or 236;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

references to a higher education corporation shall be read in accordance with section 123(1);

references to an institution which is or was grant-aided at any time are references to an institution maintained by persons who have received any grants under regulations made under section 100(1)(b) of the 1944 Act F93or section 485 of the Education Act 1996in respect of expenditure incurred or to be incurred for any academic year of that institution current at the time in question;

references to an institution which is eligible to receive aid by way of grant are references to an institution maintained by persons other than local education authorities who for the time being satisfy any requirements of regulations so made with respect to the eligibility of such persons to receive grants under those regulations;

references to courses of higher education are references to courses of any description mentioned in Schedule 6 to this Act;

references to dismissal by reason of redundancy shall, except in section 203, be read in accordance with F94section 139 of the Employment Rights Act 1996;

references to an interest in land include references to any easement, right or charge in, to or over land; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a person employed by a local education authority is to be regarded as employed to work at a school or other institution if his employment with the authority for the time being involves work at that school or institution; and

F95. . . a person employed by such an authority is to be regarded as employed to work solely at a school or other institution if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school or institution.