(1)Subject to subsection (4) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following provisions of this Act, namely—
F1. . .
F2. . .
F2. . .
F2. . .
section 126 (taken with Schedule 10);
section 128(1)(b);
section 130 (taken with Schedule 10);
F3. . .
section 168(1) and (2);
section 180(1);
F4...
section 192;
F5... and
section 228 (taken with Schedule 10).
F6[(2)Subject to subsection (4) below, stamp duty shall not be chargeable in respect of any transfer to a local education authority under or by virtue of section 95(6) or (7) or 101(2) of this Act of property which immediately after the transfer is held by the authority for the purposes of an institution (or institutions) falling within subsection (3) below.]
F6[(3)An institution falls within this subsection if it is—
(a)a university;
F7(b) an institution within the higher education sector]
(c)an institution which provides higher education or further education (or both) and is either—
(i)maintained by a local education authority; or
F8(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9[(ca)an institution within the further education sector]
(d)a school maintained by a local education authority; or
(e)a grant-maintained school.
(4)No instrument (other than a statutory instrument) made or executed—
(a)under or in pursuance of any of the provisions mentioned in subsection (1) above; or
F6[(b)for the purpose of giving effect to any such transfer as is mentioned in subsection (2) above;]
shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M1Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M2Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
Textual Amendments
F1Words in s. 230(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).
F2Words in s. 230(1) repealed (1.1.1994 in respect of repeals of “section 74(taken with Schedule 10)" and otherwise 1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19, para. 137(a), Sch. 21, Pt. I ; S.I. 1993/3106, art. 4, Sch. 1 (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2); S.I. 1994/507, art. 4, Sch. 2, Appendix.
F3Words in s. 230(1) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 55(a), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.
F4Words in s. 230 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 5 Group 4
F5Words in s. 230(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7
F6S. 230(2)(3)(4b) repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 137(b), Sch. 21, Pt. I; S.I. 1994/507, art. 4, Sch. 2, Appendix.
F7S. 230(3)(b) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 55(b)(i); S.I. 1992/831, art. 2, Sch. 3.
F8S. 230(3)(c)(ii) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 55(b)(ii), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.
F9S. 230(3)(ca) inserted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 55(b)(iii); S.I. 1992/831, art. 2, Sch. 3.
Marginal Citations
(1)The Secretary of State may at any time by order make such provision amending, repealing or revoking (with or without savings) any provision of a local Act passed, or an instrument under a local Act made, before the passing of this Act as appears to him to be necessary or expedient in consequence of any of the provisions of this Act.
(2)The Secretary of State may at any time by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient for the general purposes or any particular purposes of Part III of this Act or in consequence of any of its provisions or for giving full effect to it.
(3)An order under subsection (2) above may in particular make provision—
(a)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;
(b)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;
(c)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;
(d)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;
(e)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.
(4)Without prejudice to the generality of paragraph (d) of subsection (3) above, an order under subsection (2) above making any such provision as is mentioned in any of paragraphs (a) to (c) of subsection (3) above—
(a)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
(b)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;
for such purposes and subject to such modifications (if any) as may be specified in the order.
(5)The amendments that may be made under subsection (3)(d) above—
(a)shall be in addition and without prejudice to those made by any other provision of this Act; and
(b)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.
(6)In this section, expressions to which a meaning is given for the purposes of Part III of this Act have the same meaning as in that Part.
(7)No other provision of this Act shall be construed as prejudicing the generality of the powers conferred by this section.
(1)Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.
(2)For the purposes of subsection (1) above the excepted provisions are [F10section 157], paragraph 1(4) of Schedule 7 and paragraph 4 of Schedule 9.
F11(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A statutory instrument containing—
(a)an Order in Council made under section 207 of this Act which amends or repeals any provision of an Act; or
(b)any order or regulations made by the Secretary of State under this Act, other than an order under section F12. . . F13. . ., 214, 216, F14. . . or 236;
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)Orders or regulations under this Act may make different provision for different cases or circumstances and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.
(6)Without prejudice to subsection (5) above, orders under this Act, and regulations under any provision of this Act F15. . ., may make in relation to Wales provision different from that made in relation to England.
Textual Amendments
F10Words in s. 232(2) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 80(a) (with ss. 1(4), 561, 562, Sch. 39).
F11S. 232(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583, Sch. 37 Pt. I para. 80(b), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).
F12Words in s. 232(4)(b) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583, Sch. 37 Pt. I para. 80(c), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).
F13Words in s. 232(4)(b) repealed (1.1.1994) by 1993 c. 35, ss, 307(1)(3), Sch. 19 para. 138(b)(ii), Sch. 21 Pt. I; S.I. 1993/3106, art. 4, Sch. 1 Appendix (amended by S.I. 1994/436, art. 2),
F14Word in s. 232(4)(b) repealed (6. 5. 1992) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 56(c), Sch. 9; S.I. 1992/831, art. 2, Sch. 1.
F15Words in s. 232(6) repealed (1.10.1998) by 1998 c. 30, s. 44(2), Sch. 3 para. 6, Sch.4 (with s. 42(8)); S.I. 1998/2215, art.2.
Modifications etc. (not altering text)
C1S. 232(4) restricted (1.9.1994) by 1993 c. 35, s. 241(4); S.I. 1994/2038, art. 3(1), Sch. 2.
There shall be defrayed out of money provided by Parliament—
(a)any expenses incurred by the Secretary of State F16. . .under this Act; and
(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Textual Amendments
F16Words in s. 233(a) omitted (1.1.1996) by virtue of S.I. 1995/2985, art. 5(1), Sch. para.5.
Textual Amendments
F17S. 234 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
(1)In this Act, except where the context otherwise requires—
“the 1944 Act” means the M3Education Act 1944;
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the 1986 Act” means the M4Education (No. 2) Act 1986;
“contract of employment”, “employee” and “employer” have the same meaning as in [F20the Employment Rights Act 1996], and “employed” means employed under a contract of employment;
“financial year” means a period of twelve months ending with 31st March;
“functions” includes powers and duties;
“higher education” has the meaning given by section 120(1);
“land” includes buildings and other structures, land covered with water, and any interest in land;
“liability” includes obligation;
“local authority” means a county council, [F21a county borough council,]a district council, a London borough council or the Common Council of the City of London;
“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;
“statutory provision” means a provision of an enactment or a statutory instrument;
“transfer date” has the meaning given by section [F2274(9)], 123(2), 130(8) or 228(10) as the context may require;
“university” includes a university college and any college, or institution in the nature of a college, in a university.
(2)In this Act—
F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)references to a higher education corporation shall be read in accordance with section 123(1);
(c)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 [F24or section 485 of the Education Act 1996]in respect of expenditure incurred or to be incurred for any academic year of that institution current at the time in question;
(d)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;
(e)references to courses of higher education are references to courses of any description mentioned in Schedule 6 to this Act;
(f)references to dismissal by reason of redundancy shall, except in section 203, be read in accordance with [F25section 139 of the Employment Rights Act 1996];
(g)references to an interest in land include references to any easement, right or charge in, to or over land; and
F23(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For the purposes of this Act—
(a)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
(b)F26. . . 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.
(4)For the purposes of this Act the City of London shall be deemed to include the Inner Temple and the Middle Temple.
(5)Any reference in section F27. . ., 126, 130 or 228 of this Act to liabilities incurred by a local education authority shall not be read as including liabilities of such an authority to make payments to or in respect of any person in pursuance of any duty imposed on the authority under any statutory provision.
[F28(5A)Any reference in any provision of this Act which extends to Scotland to a higher education funding council shall, in the application of that provision to Scotland, be construed as a reference to the [F29Scottish Further and Higher Education Funding Council].]
(6)Nothing in any provision of this Act or of any order made under this Act relating to the trusts subject to which any land or other property or rights transferred under this Act are to be held by the transferee shall be taken as prejudicing any modification of those trusts after that transfer under any provision of this Act or otherwise.
(7)Subject to subsection (8) below, this Act shall be construed as one with the [F30the Education Act 1996].
(8)Where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the 1944 Act, the meaning given for the purposes of the [F30the Education Act 1996]shall not apply for the purposes of that provision.
Textual Amendments
F18Words in s. 235(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583, Sch. 37 Pt. I para. 81(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).
F19Definition in s. 235(1) repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 139(a)(i), Sch. 21 Pt. I; S.I. 1994/2038, art. 3(1), Sch. 2.
F20Words in s. 235(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(5)(a) (with ss. 191-195, 202).
F21Words in s. 235 inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 83 (with ss. 54(5)(7), 55(5)); S.I. 1996/396, art. 4, Sch. 2.
F22Words in definition of “transfer date" in s. 235(1) repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 139(a)(ii), Sch. 21, Pt. I; S.I. 1993/3106, art. 4, Sch. 1, Appendix (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2).
F23S. 235(2)(a)(h) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 58, Sch. 9; S.I. 1992/831, art. 2, Sch. 3.
F24Words in s. 235(2)(c) inserted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 81(3) (with ss. 1(4), 561, 562, Sch. 39).
F25Words in s. 235(2)(f) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(5)(b) (with ss. 191-195, 202).
F26Words in s. 235(3)(b) repealed (1.1.1994) by 1993 c. 35,s. 307(1)(3), Sch. 19 para. 139(b), Sch. 21, Pt. I; S.I. 1993/3106, art. 4, Sch. 1, Appendix (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2).
F27Words in s. 235(5) repealed (1.1.1994) by 1993 c. 35, s. 307(1)(30), Sch. 19 para. 139(c), Sch. 21, Pt. I; S.I. 1993/3106, art. 4, Sch. 1, Appendix (with art. 5, Sch. 2) (amended by S.I. 1994/436, art. 2).
F28S. 235(5A) inserted (1. 6. 1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 10; S.I. 1992/817, art. 3(2), Sch. 2.
F29Words in s. 235(5A) substituted (S.) (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 36(2), Sch. 3 para. 5; S.S.I. 2005/419, art. 2(1)
F30Words in s. 235(7)(8) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 81(4) (with ss. 1(4), 561, 562, Sch. 39).
Marginal Citations
F31(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)Except as provided above in this section, this Act shall come into force on such date or dates as the Secretary of State may by order appoint.
(7)Different dates may be appointed in relation to different provisions of this Act and for different purposes of the same provision, including (in particular) for the purpose of bringing particular provisions into force only in relation to particular educational institutions or categories of educational institutions.
(8)Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
(9)Any such order may include such adaptations of the provisions which it brings into force, or of any other provisions of this Act then in force, as appear to the Secretary of State to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.
Textual Amendments
F31S. 236(1) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7
F32S. 236(2)(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).
F33S. 236(4) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7
F34S. 236(5) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 7
Modifications etc. (not altering text)
C2Power of appointment conferred by s. 236(6) partly exercised: S.I. 1988/1459, 1794, 2002, 2271; 1989/164, 501, 719; 1990/391
(1)Schedule 12 to this Act (which makes minor and consequential amendments) shall have effect.
(2)The enactments mentioned in Schedule 13 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(1)This Act may be cited as the Education Reform Act 1988.
F35(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subject to subsections (4) to (6) below, this Act does not extend to Scotland or Northern Ireland.
(4)Sections 131, 134, 202 to 205, 207, 214 to 216, 231, 232, 235 and 236, this section and Schedules 8 and 11 extend to Scotland.
(5)Sections 208 and 217(1) extend to Northern Ireland.
(6)The amendment by this Act of an enactment which extends to Scotland or Northern Ireland also extends there.
Textual Amendments
F35S. 238(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39).