Education Reform Act 1988

[104 Interpretation of Chapter IV.E+W

(1)In this Chapter—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)references to the character of a school are references to the kind of school it is determined by reference to any matter relating to—

(i)the provision of education at the school; or

(ii)the arrangements for admission of pupils to the school;

the alteration of which would amount to a change in the character of the school;

(d)references to a change in the character of a school include, in particular, changes in character resulting from education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys, or from the making or alteration of arrangements for the admission of pupils by reference to ability or aptitude;

(e)references to a relevant age group are references to an age group in which pupils are or will normally be admitted to the school in question;

F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)references, in relation to a grant-maintained school, to the former maintaining authority shall be read, in any case where—

(i)the school was maintained by ILEA immediately before it became a grant-maintained school; and

(ii)the functions formerly exercisable by ILEA in relation to, or in relation to registered pupils at, the school are by virtue of section 166(7) of this Act exercisable by an inner London council or any other local education authority;

as references to that council or authority; and

(j)references, in relation to such a school, to school property include, in the case of such property as is mentioned in section 94(7)(b)(iii) of this Act, references to any right to such property.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this Chapter—

  • F1. . .

  • premises” includes any interest in or easement, right or charge in, to or over premises.

(4)The following table shows provisions defining or otherwise explaining expressions used in this Chapter (other than provisions defining or explaining an expression used only in the same section)—

dissolution datesection 94(3)(b)
eligible governor of an elected categorysection 71
first governorsection 53(8) or 64(5) (as the context may require)
former maintaining authoritysection 74(8) and subsection (1)(i) above.
foundation governorsection 53(8) or 64(5) (as the context may require)
governing body and initial governing body of a grant-maintained schoolsection 53(11) and (12)
governing body in liquidationsection 94(3)(a)
grant-maintained school formerly conducted by a governing body in liquidationsection 94(7)(c)
grant regulationssection 79(2)
parent governorsection 53(8) or 64(5) (as the context may require)
proposals for acquisition of grant-maintained statussection 52(4)(a)
pending proposals for acquisition of grant-maintained statussection 68(2)
the relevant particularssection 62(16)
section 105 loan liabilitiessection 94(7)(a)
school propertysection 94(7)(b) and subsection (1)(j) above
a school which is eligible for grant-maintained statussection 52(5) to (9)
teacher governorsection 53(8) or 64(5) (as the context may require)

(5)Any notification to the governing body of a school for the purposes of any provision of this Chapter may be given, and withdrawn, in such manner as the governing body may require.

(6)In subsection (1)(i) above, “ILEA” and “inner London council” have the same meanings as in Part III of this Act.]

Textual Amendments

F1S. 104 repealed (1.1.1994 in respect of s. 104(1)(a)(b)(f)-(h),(2) and in subsection (3) the definition of “incorporation tax" and otherwiseprosp.) by 1993 c. 35 ss. 307(1)(3), 308(3), Sch. 19 para. 126, Sch. 21Pt. I; S.I. 1993/3106, art. 4,Sch. 1 Appendix (with art. 5, Sch. 2) (as amended by S.I. 1994/436, art.2).

Modifications etc. (not altering text)

C1S. 104(1)(c)-(e)(3)-(5) modified (1.1.1994) by S.I. 1993/3103, reg. 3, Sch.2