SCHEDULES
SCHEDULE 12 Minor and Consequential Amendments
Part I Amendments Relating to Grant-maintained Schools
The Education Act 1944 (c. 31)
F11
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F22
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F33
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F44
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F55
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F66
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F77
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The Education (Miscellaneous Provisions) Act 1953 (c. 33)
F88
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The Charities Act 1960 (c. 58)
F99
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F1010
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The Local Authorities (Goods and Services) Act 1970 (c. 39)
F1111
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The Tribunals and Inquiries Act 1971 (c. 62)
F1212
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The Local Government Act 1972 (c. 70)
F1313
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The Education (Work Experience) Act 1973 (c. 23)
F1414
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The Sex Discrimination Act 1975 (c. 65)
F1515
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F1616
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F1717
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The Race Relations Act 1976 (c. 74)
F1818
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F1919
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The National Health Service Act 1977 (c. 49)
F2020
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F2121
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F2222
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The Employment Protection (Consolidation) Act 1978 (c. 44)
F2323
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The Education Act 1980 (c. 20)
F2424
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F2525
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The Education Act 1981 (c. 60)
F2626
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F2727
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F2828
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The Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
29
1
Section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on educational premises) shall be amended as follows.
2
In subsection (2), after paragraph (a) there shall be inserted the following paragraph—
aa
of a grant-maintained school; or
3
In subsection (4), for the words from “or special” to “governors” there shall be substituted the words “special agreement or grant-maintained school, by a person whom the governing body of the school”.
4
In subsection (5), for the words from “school” to the end there shall be substituted the words “or grant-maintained school without first obtaining the consent of the governing body of the school”.
5
In subsection (7), for the words from “or special” to “governors” there shall be substituted the words “special agreement or grant-maintained school may be brought by a person whom the governing body of the school”.
6
In subsection (8), for the words from “school” to the end there shall be substituted the words “or grant-maintained school without first obtaining the consent of the governing body of the school”.
The Representation of the People Act 1983 (c. 2)
F2930
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F3031
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32
In paragraph 1(1) of Schedule 5 to that Act (arrangements for use of school room for parliamentary election meetings), after the words “the school” there shall be inserted the words “or, in the case of a room in the premises of a grant-maintained school, with the governing body of the school”.
The Building Act 1984 (c. 55)
F3133
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The Education (No. 2) Act 1986 (c. 61)
F3234
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F3335
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F3436
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F3537
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The Teachers’ Pay and Conditions Act 1987 (c. 1)
F3638
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F3739
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Part II Amendments Consequential on Abolition of ILEA
40
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The Local Government Act 1972 (c. 70)
41
In section 70 of the Local Government Act 1972 (restriction on promotion of Bills to change local government areas), for the words “Neither a” there shall be substituted the word “No”.
42
In section 78(2) of that Act (electoral arrangements: supplementary), for the words from “in paragraphs” to the end there shall be substituted the words “in Schedule 11 to this Act”.
43
In section 146A(1)(a) of that Act (miscellaneous powers of local authorities) for the words “local authorities” there shall be substituted the words “a local authority”.
44
In section 177(2) of that Act (allowances to members of local authorities: supplementary), for “(ab)” there shall be substituted “(ac)”.
45
In section 236(1) of that Act (byelaws), for the words from “a metropolitan” to “Education Authority” there shall be substituted the words “or a metropolitan county passenger transport authority”.
46
In section 238 of that Act (evidence of byelaws), for the words from “a metropolitan” to “Education Authority” there shall be substituted the words “or a metropolitan county passenger transport authority”.
47
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49
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The Representation of the People Act 1983 (c. 2)
50
In section 35(4) of the Representation of the People Act 1983 (returning officers for local elections), for “3A” there shall be substituted “3”.
51
In section 40(2) of that Act (timing as to local elections), for the words “the Local Government Act 1972 and Part III of the Local Government Act 1985” there shall be substituted the words “and the Local Government Act 1972”.
The Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)
52
In section 1(1) of the Health Service Joint Consultative Committees (Access to Information) Act 1986 (interpretation), in the definition of “local authority” for the words from “the Common Council” to the end there shall be substituted the words “or the Common Council of the City of London”.
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
53
1
Section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital) shall be amended as follows.
2
In subsection (1)(c) for the words “or authority” there shall be substituted the words “of that local authority”.
3
In subsection (9) the following definition shall be substituted for the definition of “the appropriate officer or authority”—
“the appropriate officer” of a local authority is such officer discharging functions of that authority in their capacity as a local education authority, or in Scotland an education authority, as may be appointed by the authority for the purposes of this section;
Part III Other Amendments
The Education Act 1944 (c. 31)
F4154
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F4255
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F4356
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F4457
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F4558
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F4659
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The Education Act 1946 (c. 50)
F4760
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The Education (Miscellaneous Provisions) Act 1948 (c. 40)
F4861
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F4962
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The Charities Act 1960 (c. 58)
F5063
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F5164
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The Factories Act 1961 (c. 34)
65
In section 97(7) of the Factories Act 1961 (facilities for young employees to attend courses of further education) for the words “further education” there shall be substituted the words “post-school education”; and after that subsection there shall be inserted the following subsection—
7A
In subsection (7) above “post-school education” means—
a
in England and Wales, “higher education” or “further education” within the meaning of the Education Act 1944; and
b
in Scotland, “further education” within the meaning of the Education (Scotland) Act 1980.
The Veterinary Surgeons Act 1966 (c. 36)
66
In Schedule 3 to the Veterinary Surgeons Act 1966 (treatment and operations which may be given or carried out by unqualified persons), in Part 1, for the words from “and in this paragraph “recognised institution”" to the end there shall be substituted the following paragraph—
In the foregoing paragraph “recognised institution” means—
a
as respects England and Wales—
i
an institution maintained or assisted by a local education authority;
ii
any other institution which provides higher education or further education (or both) and as respects which a grant is paid by the Secretary of State; or
iii
an institution recognised by the Secretary of State for the purposes of the foregoing paragraph;
b
as respects Scotland—
i
a further education college administered by an education authority;
ii
a central institution within the meaning of the Education (Scotland) Act 1980; or
iii
an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; and
c
as respects Northern Ireland, an agricultural college maintained by the Department of Agriculture for Northern Ireland;
and expressions used in paragraph (a) of this paragraph and in the Education Act 1944 have the same meanings as in that Act.
The Parliamentary Commissioner Act 1967 (c. 13)
67
In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), there shall be inserted (at the appropriate place in alphabetical order)—
Education Assets Board
The Local Authorities (Goods and Services) Act 1970 (c. 39)
F5268
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The Chronically Sick and Disabled Persons Act 1970 (c. 44)
69
1
Section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, educational institutions) shall be amended as follows.
F532
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3
For paragraph (b) there shall be substituted the following paragraph—
b
schools and institutions which provide higher education or further education (or both) and are maintained or assisted by local education authorities
F544
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F5570
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The Local Government Act 1974 (c. 7)
71
In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Local Commissioner) for the words from “whether”, in the second place where it occurs, to the end there shall be substituted the words “in any school or other educational establishment maintained by the authority”.
The Sex Discrimination Act 1975 (c. 65)
72
In section 22 of the Sex Discrimination Act 1975 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 4 there shall be inserted the following paragraph—
“4A. Institution within the PCFC funding sector (within the meaning of the Education Act 1944). | Governing body." |
73
In section 24(2) of that Act (power to designate institutions)—
a
paragraph (a) shall be omitted; and
b
in paragraph (c), for the words “in accordance with a scheme approved under section 42” there shall be substituted the words “for the purposes”.
74
In section 25(6)(c) of that Act (general duty in public sector of education)—
a
in sub-paragraph (i) after “3” there shall be inserted “4A”; and
b
in sub-paragraph (ii) the words “(a) or” shall be omitted.
75
In section 28 of that Act (exception for physical training), for the words from “further education course” to the end there shall be substituted the words “course in physical education which is a further education course or, in England and Wales, a higher education course within the meaning of the Education Reform Act 1988.”
F5776
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F5877
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The Race Relations Act 1976 (c. 74)
78
In section 17 of the Race Relations Act 1976 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 4 there shall be inserted the following paragraph—
“4A. Institution within PCFC funding sector (within the meaning of the Education Act 1944). | Governing body." |
79
In section 19(6)(c) of that Act (general duty in public sector of education)—
a
in sub-paragraph (i) after “3" there shall be inserted “4A"; and
b
in sub-paragraph (ii) the words “(a) or" shall be omitted.
The Employment Protection (Consolidation) Act 1978 (c. 44)
F5980
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The Education Act 1980 (c. 20)
F6081
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F6182
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The Education Act 1981 (c. 60)
F6283
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F6384
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F6485
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The Agricultural Training Board Act 1982 (c. 9)
86
1
Section 4 of the Agricultural Training Board Act 1982 (functions of the Agricultural Training Board) shall be amended as follows.
2
In subsections (1)(c) and (4)(c), for the words “further education” there shall be substituted the words “post-school education”.
3
After subsection (4) there shall be inserted the following subsection—
5
In this section “post-school education” means—
a
in England and Wales, “higher education” within the meaning of the Education Act 1944 or “further education” within the meaning of that Act; and
b
in Scotland, “further education” within the meaning of the Education (Scotland) Act 1980.
The Industrial Training Act 1982 (c. 10)
87
1
Section 5 of the Industrial Training Act 1982 (functions of industrial training boards) shall be amended as follows.
2
In subsections (1)(c) and (4)(c), for the words “further education” there shall be substituted the words “post-school education”.
F653
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88
In section 13(1) of that Act (proposals for exemption certificates)—
a
in paragraph (a) for the words “further education” there shall be substituted the words “post-school education”; and
b
after the words “in this subsection” there shall be inserted the words “ “post-school education” has the same meaning as in section 5 above and".
89
In section 14 (exemption certificates), in subsection (1) for the words “further education” there shall be substituted the words “post-school education”; and after that subsection there shall be inserted the following subsection—
1A
In subsection (1) above “post-school education” has the same meaning as in section 5 above.
The Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
90
In section 40(2) of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on educational premises) for paragraph (b) there shall be substituted the following paragraph—
b
of an institution which is maintained by a local education authority and provides higher education or further education (or both);
The Education (Fees and Awards) Act 1983 (c. 40)
91
1
Section 1 of the Education (Fees and Awards) Act 1983 (fees at certain further education establishments) shall be amended as follows.
2
In subsection (3), for paragraphs (b) and (c) there shall be substituted the following paragraphs—
b
any institution within the PCFC funding sector; and
c
any institution which provides higher education or further education (or both) and is either maintained by a local education authority or falls within subsection (3A) below; and
d
any further education institution in Scotland which is administered by an education authority.
3
After that subsection there shall be inserted the following subsection—
3A
An institution falls within this subsection if it is substantially dependent for its maintenance on public funds and either is specified in the regulations or is of a class or description so specified.
4
In subsection (4), after the words “Education (Scotland) Act 1980” there shall be inserted the words “and expressions used in this section and in the Education Act 1944 have the same meaning as in that Act”.
The Further Education Act 1985 (c. 47)
92
1
Section 1 of the Further Education Act 1985 (supply of goods and services through further education establishments) shall be amended as follows.
2
In subsection (1), for the words “a further education establishment” there shall be substituted the words “an institution which provides higher education or further education (or both)”.
3
In subsection (2), for the word “establishment” there shall be substituted the word “institution”.
93
1
Section 2 of that Act (powers of local authorities with respect to agreements for supply of goods and services through further education establishments) shall be amended as follows.
2
In subsection (1)(a), for the words “a further education establishment provided by them” there shall be substituted the words “an institution which is maintained by them and provides higher education or further education (or both)”.
3
In subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—
a
to a corporation established under section 121 or 122 of the Education Reform Act 1988;
b
to a company responsible for conducting an institution which—
i
provides higher education or further education (or both); and
ii
is either within the PCFC funding sector or is assisted by a local education authority;
c
where such an institution as is mentioned in paragraph (b) above is not conducted by a company, to the governing body of the institution; or
d
to a body corporate in which such a corporation or company as is mentioned in paragraph (a) or (b) above has a holding such as is mentioned in subsection (8) below,
4
In subsection (2), for the words “establishment which he provides” there shall be substituted the words “institution conducted by the corporation, company or governing body”.
5
In subsection (8), for the words “and (2)(b)” there shall be substituted the words “and (2)(d)”.
94
In section 3(8)(a) (financial and accounting provisions), for the word “establishment”, in both places where it occurs, there shall be substituted the word “institution”.
The Housing Act 1985 (c. 68)
95
In paragraph 10(4) of Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies), in the definition of “educational establishment”, for the words “establishment of further education” there shall be substituted the words “institution which provides higher education or further education (or both); and for the purposes of this definition “higher education” and “further education” have the same meaning as in the Education Act 1944".
The Agricultural Holdings Act 1986 (c. 5)
96
In paragraph 2 of Schedule 6 to the Agricultural Holdings Act 1986 (eligibility to apply for new tenancy on death or retirement of former tenant), for the words “establishment of further education” there shall be substituted the words “establishment of higher or further education”.
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
97
1
Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) shall be amended as follows.
2
In subsections (3)(a), (6)(b) and (9), for the words “a further education establishment” there shall be substituted the words “an establishment of higher or further education”.
3
In subsection (9), after the definition of “child” there shall be inserted the following definition—
“establishment of higher or further education” means an institution which provides higher education or further education (or both);
98
In section 6(1) of that Act (review of dates when disabled persons are expected to leave full-time education)—
a
for the words “a further education establishment” there shall be substituted the words “an establishment of higher or further education”; and
b
in paragraph (b), for the words “further education establishments” there shall be substituted the words “establishments of higher or further education”.
The Education (No. 2) Act 1986 (c. 61)
F6699
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100
1
Section 43 of that Act (freedom of speech in educational establishments) shall be amended as follows.
F672
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3
In subsection (5), for paragraph (b) there shall be substituted the following paragraph—
b
any establishment of higher or further education which is maintained by a local education authority;
4
In subsection (5)(c)—
a
for the words “further education” there shall be substituted the words “further or higher education”; and
b
for the word “establishment”, in the second place where it occurs, there shall be substituted the word “institution”.
101
1
Section 49(3) of that Act (appraisal of performance of teachers) shall be amended as follows.
2
In paragraph (c), for the words “further education establishment provided” there shall be substituted the words “establishment of higher or further education maintained”.
3
In paragraph (d)—
a
for the words “further education establishment” there shall be substituted the words “establishment of higher or further education”; and
b
for the word “establishment”, in the second place where it occurs, there shall be substituted the word “institution”.
F684
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5
In paragraph (e), for the word “(d)” there shall be substituted the word “(da)”.
6
In paragraph (f), for the words “further education establishment” there shall be substituted the words “establishment of higher or further education”.
F69102
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F70103
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104
In section 61(1) of that Act (minimum age for governors of certain educational establishments), for the words from “(a) which is” to “of government” there shall be substituted the words “which is maintained by a local education authority and which provides higher education or further education (or both)”.
105
In section 65(1) of that Act (interpretation) after the definition of “co-opted governor” there shall be inserted the following definition—
“establishment of higher or further education” means an institution which provides higher education or further education (or both);
F71106
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The Local Government Act 1988 (c. 9)
107
In paragraph 5(4) of Schedule 1 to the Local Government Act 1988 (catering to which the competition provisions of that Act apply) for the words from “for which” to the end there shall be substituted the words “which is maintained by a local education authority and provides higher education or further education (or both)”.