SCHEDULE 8 Minor and Consequential Amendments
Part I Amendments of the Education Acts
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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F88
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F99
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F1010
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F1111
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F1212
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F1313
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The Education Act 1946 (c. 50)
F1414
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The Education (Miscellaneous Provisions) Act 1948 (c. 40)
F1515
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F1616
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The Education Act 1980 (c. 20)
F1717
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The Education Act 1981 (c. 60)
F1818
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The Education (Fees and Awards) Act 1983 (c. 40)
19
In section 1(3) of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments)—
(a)
for paragraph (b) there is substituted—
“
(b) any institution within the higher education sector
”
, and
(b)
after paragraph (c) there is inserted—
“
(ca) any institution within the further education sector
”
.
The Further Education Act 1985 (c. 47)
20
“(4)
In this Act “institution” does not include a school.”
21
(1)
“(a) to a higher education corporation or further education corporation (within the meaning of the Further and Higher Education Act 1992);
(b)
in the case of the following institutions—
(i)
an institution within the higher education sector which is not conducted by a higher education corporation;
(ii)
an institution within the further education sector which is not conducted by a further education corporation; or
(iii)
an institution which provides higher education or further education and is assisted by a F19local authority ,
to the governing body of the institution or, if it is conducted by a company, to the company; or
(c)
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”.
(2)
In subsection (8) of that section for “(2)(d)” there is substituted “
(2)(c)
”
.
The Education (No. 2) Act 1986 (c. 61)
22
In section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities, etc.)—
(a)
in subsection (5)—
(i)
for paragraph (aa) there is substituted-
“ (aa) any institution other than a university within the higher education sector ”
,- (ii)
after paragraph (b) there is inserted—
- (ii)
“ (ba) any institution within the further education sector ”
, and- (iii)
paragraph (c) is omitted, and
- (iii)
(b)
in subsection (7) paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment” are omitted.
23
In section 49(3) of that Act (appraisal of performance of teachers)—
(a)
paragraphs (d) and (da) are omitted,
(b)
after paragraph (da) there is inserted-
“
(db) at any institution within the further education sector
”
, and
(c)
in paragraph (e) for “(da)” there is substituted “
(db)
”
.
F2024
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F2125
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F2226
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The Education Reform Act 1988 (c. 40)
27
The Education Reform Act 1988 is amended as follows.
F2328
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F2429
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30
In section 120 (functions of F19local authorities with respect to higher and further education)—
(a)
subsection (2) is omitted,
(b)
in subsection (3)(b) for “living outside their area” there is substituted “
from other areas
”
,
(c)
in subsection (4)—
(i)
for “universities, institutions within the PCFC funding sector” there is substituted “
institutions within the higher education sector
”
, and
(ii)
after “sector” there is inserted “
or the further education sector
”
, and
(d)
subsections (6), (7), (8), (9)(a)(ii) and (9)(b) are omitted.
31
In section 122 (orders incorporating higher education institutions maintained by F19local authorities) subsections (2) to (5) are omitted.
32
In section 123 (provisions supplementary to sections 121 and 122)—
(a)
at the end of subsection (1) there is added “
or which has become a higher education corporation by virtue of section 122A of this Act
”
, and
(b)
“(3)
Schedule 7 to this Act has effect with respect to each higher education corporation established before the appointed day (within the meaning of section 124A of this Act) unless an instrument of government for the corporation made under that section has effect.
(4)
A higher education corporation established under section 122 of this Act on or after that day for the purpose of conducting any institution shall be established initially under the name given in the order under that section establishing the corporation.”
33
In section 124 (powers of a higher education corporation)—
(a)
in subsection (2)(b) for “disabled students” there is substituted “
students having learning difficulties within the meaning of section 41(9) of the Education Act 1944
”
, and
(b)
subsection (4) is omitted.
34
In section 128 (dissolution of higher education corporations)—
(a)
in subsection (1)(b)—
(i)
“(iii)
a higher education funding council”, and
(ii)
“(v)
a further education funding council”,
(b)
for subsection (4)(b) there is substituted—
“
(b) the higher education funding council
”
, and
(c)
“(6)
An order under this section may apply section 127 of this Act with such modifications as the Secretary of State may consider necessary or desirable.”
35
Sections 131, 132 and 134 (Universities Funding Council and Polytechnics and Colleges Funding Council) are omitted.
36
In section 135 (inspection of accounts)—
(a)
for subsection (1)(c) there is substituted—
“
(c) any designated institution within the meaning of section 129A of this Act
”
, and
(b)
in subsection (2) for the words from “grants” to the end there is substituted “
financial support has been given to them under section 65 of the Further and Higher Education Act 1992.
”
F2537
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38
In section 137(2) (control of disposals of land) “or 129(3)” is omitted.
39
In section 157 (construction of instruments providing for institution ceasing to be maintained or assisted by F19local authority)—
(a)
in subsection (4)—
(i)
the words “or assisted” in both places are omitted,
(ii)
after “becomes” there is inserted “
an institution within the further education sector
”
, and
(iii)
for “the PCFC funding sector” there is substituted “
the higher education sector
”
,
(b)
subsection (5)(b) is omitted, and
(c)
in subsection (6)—
(i)
at the beginning of paragraph (b) there is inserted “
an institution within the further education sector or
”
, and
(ii)
in that paragraph for “the PCFC funding sector” there is substituted “
the higher education sector
”
.
40
In section 158(2) (reports and returns) paragraphs (a)(i) and (iii) and (b) are omitted.
41
Section 159(2)(b) (information with respect to educational provision in institutions providing further or higher education - designated assisted institutions) is omitted.
42
In section 161 (interpretation of Part II) subsection (1)(c) is omitted.
43
In section 197 (Education Assets Board)—
(a)
in subsection (4) after “this Act” there is inserted “
and section 36 of and Schedule 5 to the Further and Higher Education Act 1992
”
,
F26(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
“(7A)
A F19local authority shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purposes of the exercise of any of their functions under the Further and Higher Education Act 1992 or under section 126 or 130 of this Act.
(7B)
The governing body of any institution within the further education sector or the higher education sector shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purpose of the exercise of any of their functions under the Education Acts 1944 to 1992.”
44
In section 198(5) (transfers under Parts I and II) for “the Polytechnics and Colleges Funding Council” there is substituted “
the higher education funding council
”
.
45
In section 205 (procedure for exercise of University Commissioners’ powers)—
(a)
for subsection (2)(d) there is substituted—
“
(d) the higher education funding council
”
, and
(b)
subsection (6) is omitted.
F2746
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F2747
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48
In section 214(2)(a) (unrecognised degrees) after “Royal Charter or” there is inserted “
by or under
”
.
F2849
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F2950
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F3051
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52
In section 221 (avoidance of certain contractual terms) subsection (1)(c) and, in subsection (3), the definition of “relevant institution” are omitted.
F3153
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F3254
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55
In section 230 (stamp duty)—
(a)
in subsection (1) “section 136(2)” is omitted, and
(b)
in subsection (3)—
(i)
for paragraph (b) there is substituted—
“ (b) an institution within the higher education sector ”
,- (ii)
paragraph (c)(ii) is omitted, and
- (iii)
after paragraph (c) there is inserted—
- (ii)
“ (ca) an institution within the further education sector ”
.
F3356
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F3457
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58
In section 235 (general interpretation) subsection (2)(a) and (h) are omitted.
59
In Schedule 7 (Higher Education Corporations)—
(a)
“(4)
A corporation may change their name with the consent of the Privy Council.”,
(b)
in paragraph 18—
(i)
in sub-paragraph (2)(b) for “the Polytechnics and Colleges Funding Council” there is substituted “
the higher education funding council
”
, and
(ii)
“(5)
No person shall be qualified to be appointed auditor under that sub-paragraph except—
(a)
an individual, or firm, eligible for appointment as a company auditor under section 25 of the Companies Act 1989;
(b)
a member of the Chartered Institute of Public Finance and Accountancy; or
(c)
a firm each of the members of which is a member of that institute.”, and
(c)
paragraph 19 is omitted.
60
Schedule 8 (the funding councils and the assets board) shall cease to have effect so far as it relates to the Universities Funding Council and the Polytechnics and Colleges Funding Council.
F3561
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F3662
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F3763
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F3864
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65
“(1)
Where a transfer by virtue of section 126 or 130 relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.
(2)”.
66
In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2), 70, 100(2) and 101(4) are omitted.
The Education (Student Loans) Act 1990 (c. 6)
67
In section 1(3)(a) of the Education (Student Loans) Act 1990 (loans for students)—
(a)
for “131 or 132 of the M1Education Reform Act 1988” there is substituted “
65 of the Further and Higher Education Act 1992
”
, and
(b)
for the words from “institutions designated” to “local education authorities” there is substituted “
institutions receiving recurrent grants towards their costs from a further education funding council
”
.
Part II Amendments of other Acts
The Public Records Act 1958 (c. 51)
68
“Further Education Funding Council for England.
Further Education Funding Council for Wales.
Higher Education Funding Council for England.
Higher Education Funding Council for Wales.”
The Charities Act 1960 (c. 58)
F3969
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The Veterinary Surgeons Act 1966 (c. 36)
70
“iA
an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992”.
The Local Authorities (Goods and Services) Act 1970 (c. 39)
71
(1)
Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include any institution within the further education sector or the higher education sector.
(2)
The provisions of sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person or description of persons shall be a public body for the purposes of that Act).
(3)
An order under that section may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to an institution within the further education sector or the higher education sector specified in the order.
The Chronically Sick and Disabled Persons Act 1970 (c. 44)
72
In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, university and school buildings)—
(a)
for paragraph (aa) there is substituted—
“
(aa) institutions within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992
”
, and
(b)
after paragraph (b) there is inserted—
“
(ba) institutions within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992
”
.
The Superannuation Act 1972 (c. 11)
73
In Schedule 1 to the Superannuation Act 1972 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council are omitted.
The House of Commons Disqualification Act 1975 (c. 24)
74
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council are omitted.
The Sex Discrimination Act 1975 (c. 65)
75
The Sex Discrimination Act 1975 is amended as follows.
76
(1)
The Table in section 22 (discrimination by bodies in charge of educational establishments) is amended as follows.
(2)
“3B
Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).
Governing body.”
(3)
“4A
Institution, other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).
Governing body.”
(4)
In paragraph 5 for “to 4” there is substituted “
to 4A
”
.
77
“22A Meaning of pupil in section 22.
For the purposes of section 22, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.”
78
“23A Discrimination by Further Education and Higher Education Funding Councils
It is unlawful for the Further Education Funding Council for England, the Further Education Funding Council for Wales, the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under the Education Acts 1944 to 1992, to do any act which constitutes sex discrimination.”
79
(1)
In section 25(6) (general duty in public sector of education)—
(a)
in paragraph (c)(i), for “4A” there is substituted “
3B
”
, and
(b)
after paragraph (c) there is added—
“
(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.
”
(2)
In relation to a further education corporation or a Further Education Funding Council the reference in section 25(2) to F40section 497 of the Education Act 1996 is to be read as a reference to section 57(3) of the Further and Higher Education Act 1992.
80
“(4)
In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.”
81
“(6)
In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.”
F4182
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F4283
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The Race Relations Act 1976 (c. 74)
84
The Race Relations Act 1976 is amended as follows.
85
(1)
The Table in section 17 (discrimination by bodies in charge of educational establishments) is amended as follows.
(2)
“3B
Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).
Governing body.”
(3)
“4A
Institution, other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).
Governing body.”
(4)
In paragraph 5 for “to 4” there is substituted “
to 4A
”
.
86
“17A Meaning of pupil in section 17.
For the purposes of section 17, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.”
87
“18A Discrimination by Further Education and Higher Education Funding Councils
It is unlawful for the Further Education Funding Council for England, the Further Education Funding Council for Wales, the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under the Education Acts 1944 to 1992, to do any act which constitutes racial discrimination.”
F4388
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The Employment Protection (Consolidation) Act 1978 (c. 44)
F4489
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The Public Passenger Vehicles Act 1981 (c. 14)
F4590
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
91
(1)
Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) is amended as follows.
(2)
“(3)
In the following provisions of this section and in section 6 a person in respect of whom the appropriate officer has given his opinion that he is a disabled person is referred to as a “disabled student”.
(3A)
The responsible authority shall give to the appropriate officer written notification for the purposes of subsection (5) of the date on which any disabled student will cease to be of compulsory school age, and the notification shall state—
(a)
his name and address; and
(b)
whether or not he intends to remain in full-time education and, if he does, the name of the school or other institution at which the education will be received;
and shall be given not earlier than twelve months, nor later than eight months, before that date.
(3B)
Where, in the case of a disabled student over compulsory school age who is receiving relevant full-time education, that is—
(a)
full-time education at a school; or
(b)
full-time further or higher education at an institution other than a school;
it appears to the responsible authority that the student will cease to receive relevant full-time education on a date (“the leaving date”) on which he will be under the age of nineteen years and eight months, the responsible authority shall give written notification for the purposes of subsection (5) to the appropriate officer.
(3C)
That notification shall state—
(a)
his name and address; and
(b)
the leaving date;
and shall be given not earlier than twelve months, nor later than eight months, before the leaving date.
(4)
If at any time it appears to the responsible authority—
(a)
that a disabled student has ceased to receive relevant full-time education or will cease to do so on a date less than 8 months after that time, and
(b)
that no notification has been given under subsection (3B), but
(c)
that, had the responsible authority for the time being been aware of his intentions 8 months or more before that date, they would have been required to give notification under that subsection with respect to him,
that authority shall, as soon as is reasonably practicable, give written notification for the purposes of subsection (5) to the appropriate officer of his name and address and of the date on which he ceased to receive, or will cease to receive, that education.”
(3)
In subsection (5)—
(a)
for “any person under subsection (3)” there is substituted “
a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B)
”
, and
(b)
for “notification under subsection (3)” there is substituted “
notification under subsection (3A) or (3B)
”
.
(4)
In subsection (6)—
(a)
for “(3)” in both places there is substituted “
(3A) that he does not intend to remain in full-time education or under subsection (3B)
”
, and
(b)
for the words from “a local education authority” to “establishment of further or higher education” there is substituted “
the responsible authority that the person will be receiving relevant full-time education
”
.
(5)
In subsection (9) (interpretation)—
(a)
in the definition of “child” after “school or” there is inserted “
as a student at
”
,
(b)
“(b) in relation to a person receiving full-time further education or higher education at an institution within the further education sector or the higher education sector, means the governing body of the institution; and
(c)
in relation to a person for whom a further education funding council has secured full-time further education at an institution (other than a school) outside the further education sector or the higher education sector, the council”,
(c)
after “the Education Act 1944” there is inserted “
or the Further and Higher Education Act 1992
”
, and
(d)
for “that Act” there is substituted “
those Acts
”
.
92
“6
(1)
The responsible authority shall for the purposes of section 5 above keep under review the date when any disabled student is expected to cease to receive relevant full-time education.”
The Employment Act 1989 (c. 38)
93
In section 5(6) of the Employment Act 1989 (exemption for discrimination in connection with certain educational appointments)—
(a)
after paragraph (b) there is inserted—
“
(ba) any institution designated by order under section 28 of the Further and Higher Education Act 1992
”
, and
(b)
for paragraph (c) there is substituted—
“
(c) any institution designated by order made or having effect as if made under section 129 of the Education Reform Act 1988.
”
The Town and Country Planning Act 1990 (c. 8)
94
In section 76(1) of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for benefit of disabled)—
(a)
in paragraph (d) for “the PCFC funding sector” there is substituted “
the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992
”
, and
(b)
after paragraph (e) there is inserted—
“
(f) of a building intended for the purposes of an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992
”
.
The Environmental Protection Act 1990 (c. 43)
95
In section 98(2) of the Environmental Protection Act 1990 (definitions)—
(a)
paragraph (a) is omitted,
(b)
for paragraph (d) there is substituted—
“
(d) any institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992
”
, and
(c)
after paragraph (d) there is inserted—
“
(da) any institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992
”
.