Education Act 1993 (repealed) (c. 35)

SCHEDULES

Section 218.

SCHEDULE 12 E+W EDUCATION ASSOCIATIONS

Supplementary powers E+W

1 (1) Subject to sub-paragraph (2) below and to the articles of government of any school they conduct, an education association may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(c) investing sums not immediately required for the purpose of the discharge of their functions, and

(d) accepting gifts of money, land or other property.

(2) An education association shall not borrow money except money lent under section 92 of this Act.

(3) The power to dispose of land mentioned in sub-paragraph (1)(a) above—

(a) does not include power to grant any mortgage, charge or other security in respect of any land, and

(b) may only be exercised with the written consent of the Secretary of State.

Tenure of members E+W

2 (1) A person shall hold and vacate office as a member of an education association in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member of an education association.

3 If the Secretary of State is satisfied that a member of an education association—

(a) has been absent from meetings of the association for a period longer than six consecutive months without the permission of the association, or

(b) is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions E+W

4 (1) The Secretary of State may—

(a) pay to the members of an education association such salaries or fees, and such travelling, subsistence or other allowances, as he may determine, and

(b) may, as regards any member of the association in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(2) If a person ceases to be a member of an education association and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.

(3) A determination of the Secretary of State under this paragraph requires the approval of the Treasury.

Committees E+W

5 (1) An education association may establish a committee for any purpose.

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the association.

(3) Such a committee may include persons who are not members of the association.

(4) The association shall keep under review the structure of committees established by them under this paragraph and the scope of each such committee’s activities.

Delegation of functions E+W

6 An education association may authorise the chairman or any committee established by them under paragraph 5 above to exercise such of their functions as they may determine.

Proceedings E+W

7 The validity of any proceedings of an education association or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

8 Subject to the preceding provisions of this Schedule, an education association may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments E+W

9 The application of the seal of an education association shall be authenticated by the signature—

(a) of the chairman or of some other person authorised either generally or specifically by the association to act for that purpose, and

(b) of one other member.

10 Every document purporting to be an instrument made or issued by or on behalf of an education association and to be duly executed under their seal, or to be signed or executed by a person authorised by the association to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

SCHEDULES

Section 307.

SCHEDULE 19 U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

Extent Information

E1 Sch. 19: Act extends to England and Wales for exception see s. 308(4)(5)

The Children and Young Persons Act 1933 (c. 12) E+W

1 Section 10 of the Children and Young Persons Act 1933 (vagrants preventing children from receiving education) is omitted.

Prospective

2 In section 30(1)(a) of that Act (interpretation) for the words from “for the purposes” to the end of paragraph (a) there is substituted “ over compulsory school age (construed in accordance with section 277 of the Education Act 1993) ”.

The Education Act 1944 (c. 31) E+W

3 The Education Act 1944 is amended as follows.

4 Section 1(1) (general duty of Secretary of State) is omitted.

5 In section 6(1) (local education authorities) the words from “Subject” to “Act” are omitted.

6 Section 9(5) (definition of special school) is omitted.

7 In section 15 (voluntary schools) for “the maintenance contribution payable by the Minister under this Act”, in subsections (2) and (5), there is substituted “ grants under section 281 of the Education Act 1993 ”.

8 In section 16(1) (transfer of schools to new sites, etc), “any county school or” and the words following “the new site” are omitted.

9 In section 26(4)(a) (special provisions as to religious education in county schools) after “particular” there is inserted “ religion or ”.

Prospective

10 Section 35 (compulsory school age) is omitted.

11 Sections 37 (school attendance orders), 39 (duty of parents to secure regular attendance of registered pupils) and 40 (enforcement of school attendance) are omitted.

12 In section 50 (provision of board and lodging otherwise than at school)—

(a) in subsection (1) “by them” is omitted, and

(b) in subsection (2) after “with respect to the” there is inserted “ religion or ”.

13 In section 52 (recovery of cost of board and lodging otherwise than at school), in paragraph (a) of the proviso to subsection (1), “by the authority” is omitted.

14 In section 54 (power to ensure cleanliness)—

(a) in subsection (1) after “by them” there is inserted “ and grant-maintained schools within their area ”,

(b) in subsection (6) after “authority” there is inserted “ or at a grant-maintained school ”, and

(c) in subsection (7)—

(i) after “by the authority” there is inserted “ or at a grant-maintained school within the area of the authority ”, and

(ii) for “this Act” there is substituted “ Part IV of the Education Act 1993 ”.

15 In section 55 (transport), at end of subsection (3) there is added “ and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres ”.

Valid from 01/09/1994

16 Section 56 (power to provide education otherwise than at school) is omitted.

Prospective

17 In section 58 (adaptation of enactments relating to employment of children) “for the purposes of this Act” is omitted.

18 In section 63(2) (exemption from local Acts and byelaws of buildings approved by the Secretary of State) after “plans for” there is inserted “ or particulars in respect of ”.

19 That subsection shall have effect as if the reference to plans approved by the Secretary of State included particulars given in pursuance of section 151(2)(b) of this Act.

20 In section 76 (pupils to be educated in accordance with the wishes of their parents)—

(a) for “this Act” there is substituted “ the Education Acts 1944 to 1993 ”, and

(b) before “and local education authorities” there is inserted “ the funding authorities ”.

Commencement Information

I1 Sch. 19 para. 20 wholly in force at 1.4.1994; Sch. 19 para. 20 not in force at Royal Assent see s. 308(3); Sch. 19 para. 20(a) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 20(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

21 In section 80(1) (registration of pupils at schools) after “to the Secretary of State” there is inserted “ to the funding authorities ”.

22 Sections 102 and 103 (contributions and grants by Secretary of State to aided and special agreement schools) are omitted.

23 In section 105 (power of Secretary of State to make loans to aided and special agreement schools in respect of initial expenditure)—

(a) in subsection (2)—

(i) in paragraph (c)(i) after “premises” there is inserted “ or on a transfer of the school to a new site ” and for “a maintenance contribution” there is substituted “ grants under section 281 of the Education Act 1993 ”,

(ii) in paragraph (c)(iii) for the words from “which” to the end there is substituted “ being expenses in respect of which grants under section 281 of the Education Act 1993 may be paid ”,

(iii) paragraph (d) is omitted, and

(iv) in the words following that paragraph, “maintenance contribution” is omitted and for “either of the last two foregoing sections” there is substituted “ section 281 of the Education Act 1993 ”, and

(b) in subsection (3) after “representative of any” there is inserted “ religion or ”.

Commencement Information

I2 Sch. 19 para. 23 wholly in force at 1.4.1994; Sch. 19 para. 23 not in force at Royal Assent see s. 308(3); Sch. 19 para. 23(a)(i) in force at 1.10.1993 (so far as it amends 1944 c. 31, s. 105(2)(c)(i)) by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 23(a) in force for all remaining purposes at 1.1.1994 by S.I. 1993/3106, art. 4 Sch. 1; Sch. 19 para. 23(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

24 In section 114 (interpretation)—

(a) in subsection (1)—

(i) for the definition of “compulsory school age” there is substituted—

““Compulsory school age” shall be construed in accordance with section 277 of the Education Act 1993”

(ii) in the definition of “registered pupil”, for “pupil registered as such” there is substituted “ person registered as a pupil ”,

(iii) in the definition of “secondary school”, “primary or” is omitted, and

(iv) in the definition of “special educational needs” and “special educational provision”, for “1 of the Education Act 1981” there is substituted “ 156 of the Education Act 1993 ”, and

(b) for subsection (1E)(b) there is substituted—

“(b) sections 25 to 27, 29, 37, 60, 63 and 65 of the Education Act 1993, paragraph 9 of Schedule 6 to that Act and Schedule 7 to that Act”.

Commencement Information

I3 Sch. 19 para. 24 partly in force; Sch. 19 para. 24 not in force at Royal Assent see s. 308(3);Sch. 19 para. 24(a)(ii)-(iii) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 24(a)(iv)(b) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1

25 In section 116 (saving as to persons of unsound mind and persons detained by order of a court) after “this Act” there is inserted “ or by or under the Education Act 1993 ”.

26 In the First Schedule (local administration) Part I is omitted.

27 In the Fifth Schedule (procedure for preparing and bringing into operation an agreed syllabus of religious education)—

(a) in paragraph 2(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”,

(b) in the proviso to paragraph 2 for “to represent other religious denominations” there is substituted “ under sub-paragraph (a) above ”,

(c) in paragraph 3 before “denomination”, in each place, there is inserted “ religion ”, and

(d) in paragraph 4—

(i) for “religious” there is substituted “ religion ”, and

(ii) for the words from “vacancy occurs” to the end there is substituted “ person resigns or is withdrawn from the committee the authority shall appoint someone in his place in the same manner as that in which they made the original appointment ”.

28 In the Eighth Schedule (amendment of enactments), the entry relating to section 10 of the Children and Young Persons Act 1933 is omitted.

The Education Act 1946 (c. 50) E+W

29 In the First Schedule to the Education Act 1946 (maintenance of voluntary schools), in paragraph 2, for “section one hundred and three of the principal Act” there is substituted “ section 281 of the Education Act 1993 ”.

The Education (Miscellaneous Provisions) Act 1948 (c. 40) E+W

30 Section 9 of the Education (Miscellaneous Provisions) Act 1948 (presumption of age in proceedings to enforce attendance at school) is omitted.

The Education (Miscellaneous Provisions) Act 1953 (c. 33) E+W

Valid from 01/09/1994

31 In section 6(2) of the Education (Miscellaneous Provisions) Act 1953 (payment of tuition and boarding fees for pupils at non-maintained schools)—

(a) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”,

(b) for “not maintained by them or another local education authority” (in both places) there is substituted “ which is not a maintained school ”,

(c) for “schools maintained by them and schools maintained by other local education authorities” there is substituted “ maintained schools ”,

(d) for “provided by them” in paragraphs (a)(ii) and (b) there is substituted “ provided ”,

(e) paragraph (a)(iii) is omitted, and

(f) at the end there is added— “ and in this subsection “maintained school” means any school maintained by a local education authority and any grant-maintained or grant-maintained special school, and paragraph (b) does not apply where section 190(2) of the Education Act 1993 applies ”.

Commencement Information

I4 Sch. 19 para. 31 partly in force at 1.9.1994; SCh. 19 para. 31 was not in force at Royal Assent see s. 308(3); Sch. 19 para. 31(a) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

32 Section 10 of that Act (amendment of procedure for making school attendance orders) is omitted.

Prospective

The Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49) E+W+S

33 In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

The Public Records Act 1958 (c. 51) U.K.

34 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there are inserted at the appropriate places—

“Curriculum Council for Wales”,

“Funding Agency for Schools”,

“School Curriculum and Assessment Authority”, and

“Schools Funding Council for Wales”.

Commencement Information

I5 Sch. 19 para. 34 wholly in force at 1.4.1994 ; Sch. 19 para. 34 not in force at Royal Assent see s. 308(3); Sch. 19 para. 34 in force at 1.10.1993 (so far as relates to the Curriculum Council for Wales and the School Curriculum and Assessment Authority) by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 34 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

The Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2) E

35 In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “1953” there is substituted “ 1993 ”.

Prospective

The Factories Act 1961 (c. 34) E+W+S

[F1 36 In section 176(1) of the Factories Act 1961 (general interpretation) for the definition of “child” there is substituted—

““child” means any person who is not over compulsory school age (construed in accordance with section 277 of the Education Act 1993) or over school age for the purposes of the Education (Scotland) Act 1946”].

Textual Amendments

F1 Sch. 19 para. 36 repealed (prosp.) by 1995 c. 36, s. 105(1)(5), Sch. 5 (with s. 103(1))

Prospective

The Education Act 1962 (c. 12) E+W

37 Section 9 of the Education Act 1962 (school leaving dates in England and Wales) is omitted.

The Education Act 1964 (c. 82) E+W

38 (1) Section 1 of the Education Act 1964 (middle schools) is amended as follows.

(2) In subsection (1), after “1980” there is inserted “ proposals with respect to a grant-maintained school or proposed grant-maintained school are submitted to the Secretary of State under sections 48, 49, 96 or 97 of the Education Act 1993 or proposals with respect to a county school are published under section 272 of that Act ”.

(3) In subsection (3), for “1962” there is substituted “ 1993 ”.

The Education Act 1967 (c. 3) E+W

39 Section 1 of the Education Act 1967 (extended powers of Secretary of State to make contributions etc.) is omitted.

The Criminal Justice Act 1967 (c. 80) E+W

40 In Schedule 3 to the Criminal Justice Act 1967 (increase of fines), the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944 are omitted.

The Education Act 1968 (c. 17) E+W

41 In section 1(1) of the Education Act 1968 (changes to character, size or situation of schools) for “1967” there is substituted “ 1993 ”.

The Children and Young Persons Act 1969 (c. 54) E+W

42 Paragraphs 2 and 13 of Schedule 5 to the Children and Young Persons Act 1969 (minor and consequential amendments of enactments) are omitted.

The Local Authorities (Goods and Services) Act 1970 (c. 39) E+W+S

43 (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 the School Curriculum and Assessment Authority and the Curriculum Council for Wales.

(2) The provision in 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 shall be a public body for the purposes of the Act).

Valid from 01/09/1994

The Local Authority Social Services Act 1970 (c. 42) E+W

44 At the end of Schedule 1 to the Local Authority Social Services Act 1970 (enactment conferring functions assigned to social service committee) there is added—

“ Education Act 1993.

Help for local education authority in exercising functions under Part III of the Act

Section 166.”.

Prospective

The Education (Handicapped Children) Act 1970 (c. 52) E+W

45 In section 1(1)(b) of the Education (Handicapped Children) Act 1970 (mentally handicapped children) for the words from “for purposes” to the end of paragraph (b) there is substituted “ of compulsory school age (construed in accordance with section 277 of the Education Act 1993) ”.

The Superannuation Act 1972 (c. 11) U.K.

46 Employment with a funding authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—

“The Funding Agency for Schools.

The Schools Funding Council for Wales.”

47 A funding authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to paragraph 46 above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

48 Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 5 of Schedule 1 to this Act).

The Local Government Act 1972 (c. 70) E+W

49 Section 101(9)(a) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) is omitted.

50 In section 104(2)(a) of that Act (teachers not disqualified for being members of committees) for “for the purposes of the enactments relating to education” there is substituted “ wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities ”.

The Education Act 1973 (c. 16) E+W

51 Section 1(2)(b) of the Education Act 1973 (general provisions as to educational trusts) is omitted.

52 In section 2 of that Act (special powers as to certain trusts for religious education)—

(a) in subsection (1)(a) after “particular” there is inserted “ religion or ”,

(b) in subsection (1A)(b)—

(i) before “denomination” there is inserted “ religion or ”, and

(ii) for “85 or 86 of the Education Reform Act 1988” there is substituted “ 139 or 140 of the Education Act 1993 ”,

(c) in subsections (1C), (2) and (4) before “denomination”, in each place where it occurs, there is inserted “ religion or ”, and

(d) in subsection (9) for “1971” there is substituted “ 1993 ”.

Prospective

The Matrimonial Causes Act 1973 (c. 18) E+W

53 In section 29(2)(a) of the Matrimonial Causes Act 1973 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

Valid from 01/09/1994

The Education (Work Experience) Act 1973 (c. 23) E+W+S

54 In section 1(4) of the Education (Work Experience) Act 1973 (interpretation)—

(a) for “1973” there is substituted “ 1993 ”, and

(b) for the words from “by virtue of” to the end there is substituted “ he would cease to be of compulsory school age ”.

Commencement Information

I6 Sch. 19 para. 54 partly in force; Sch. 19 para. 54(a) not in force at Royal Assent see s. 308(3); Sch. 19 para. 54(a) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

The House of Commons Disqualification Act 1975 (c. 24) U.K.

55 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—

(a) there are inserted at the appropriate places—

“Any member of an education association in receipt of remuneration”,

“Any member of the Funding Agency for Schools in receipt of remuneration”, and

“Any member of the Schools Funding Council for Wales in receipt of remuneration”, and

(b) for the entry relating to the National Curriculum Council there is substituted—

“Any member of the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993 in receipt of remuneration”.

Commencement Information

I7 Sch. 19 para. 55 partly in force; Sch. 19 para. 55 not in force at Royal Assent see s. 308(3); Sch. 19 para. 55(b) in force at 1.1.1994 by S.I. 1993/3106, art. 4 Sch. 1; Sch. 19 para. 55(a) in force at 1.4.1994 by S.I. 1994/507, art. 4, sch. 2

The Sex Discrimination Act 1975 (c. 65) E+W+S

56 In section 23(1) of the Sex Discrimination Act 1975 (other discrimination by local education authorities) for “1981” there is substituted “ 1993 ”.

57 After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

Prospective

58 In section 24(2)(d) of that Act (designated establishments) after “school age” there is inserted “ (construed in accordance with section 277 of the Education Act 1993) ”.

59 In section 25 of that Act (general duty in public sector of education)—

(a) in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b) after subsection (6)(d) there is added—

“(e) the Funding Agency for Schools and the Schools Funding Council for Wales.”.

Prospective

60 In section 82(1) of that Act (general interpretation) the definition of “upper limit of compulsory school age” is omitted.

61 In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62 (1) Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2) Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a) paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3) Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a) if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4) Where proposals made by the Secretary of State under section 234 of this Act—

(a) are for a school to cease to be an establishment which admits pupils of one sex only, and

(b) have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5) Where—

(a) by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b) the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6) In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

Prospective

The Education (School-leaving Dates) Act 1976 (c. 5) E+W+S

63 The Education (School-leaving Dates) Act 1976 is repealed.

The Race Relations Act 1976 (c. 74) E+W+S

64 In section 18(1) of the Race Relations Act 1976 (other discrimination by local education authorities) for “1981” there is substituted “ 1993 ”.

Commencement Information

I8 Sch. 19 para. 64 wholly in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1 and expressed to be in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

65 After section 18B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“18C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes racial discrimination.”

66 In section 19 of that Act (general duty in public sector of education)—

(a) in subsections (2) and (4) for “and 18” there is substituted “ 18, 18A and 18C ”, and

(b) after subsection (6)(d) there is added—

“(e) the Funding Agency for Schools and the Schools Funding Council for Wales.”.

Prospective

67 In section 78(1) of that Act (general interpretation) the definition of “upper limit of compulsory school age” is omitted.

The Criminal Law Act 1977 (c. 45) E+W

68 In Schedule 6 to the Criminal Law Act 1977 (increase of fines for certain summary offences) the entry relating to the Education Act 1944 is omitted.

The National Health Service Act 1977 (c. 49) E+W

69 In section 28A(2) of the National Health Service Act 1977 (power to make payments to local education authority) for “1981” there is substituted “ 1993 ”.

70 In paragraph 1(a)(ii) of Schedule 1 to that Act (medical and dental inspection and treatment of pupils etc.) for the words from “special arrangements” to “1981” there is substituted “ section 163 or 298 of the Education Act 1993 ”.

Prospective

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) E+W

71 In section 5(2)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

The Education Act 1980 (c. 20) E+W

72 The Education Act 1980 is amended as follows.

73 In section 7 (appeals against admission decisions) after “functions” there is inserted “ (other than a decision leading to or embodied in a direction under section 13 of the Education Act 1993) ”.

Valid from 01/09/1994

74 In section 9(2) (nursery schools and special schools) for “7 of the Education Act 1981” there is substituted “ 168 of the Education Act 1993 ”.

75 Sections 10 (determination of school to be named in school attendance order) and 11 (amendment of school attendance order) are omitted.

76 In section 13(1) (establishment and alteration of voluntary schools) “after consultation with the authority” is omitted.

77 In section 14 (approval of school premises)—

(a) in subsection (1)(c), after “school” there is inserted “ or the transfer of a school to a new site ”, and

(b) subsection (4) is omitted.

Commencement Information

I9 Sch. 19 para. 77 wholly in force at 1.4.1994 ;Sch. 19 para. 77 not in force at Royal Assent see s. 308(3); Sch. 19 para. 77(a) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 77(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

78 In section 16 (provisions supplementary to sections 12 to 15), after subsection (1) there is inserted—

“(1A) Subsection (1) above does not apply to the transfer of a school to a new site—

(a) if the transfer is authorised by an order under section 16(1) of the Education Act 1944,

(b) if at the time of transfer the school is intended to return to the existing site within three years, or

(c) if in the case of a county school the new site is in the same area and the local education authority are satisfied that it is expedient that the school should be transferred to the new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the prescribed standards or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning.”

79 In section 22 (school meals) after subsection (4) there is inserted—

“(4A) Where the governing body of a school which has a delegated budget within the meaning of Chapter III of Part I of the Education Reform Act 1988 provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they—

(a) must charge for anything so provided,

(b) must charge every pupil the same price for the same quantity of the same item, and

(c) must charge every person other than a pupil the same price for the same quantity of the same item.”

80 Paragraph 10 of Schedule 1 (school government: consequential amendments) is omitted.

81 In paragraph 1(3) and (4) of Schedule 2 (constitution of appeal committees) “or of any education committee of the authority”, in each place where it occurs, is omitted.

The Education Act 1981 (c. 60) E+W

82 The Education Act 1981 is repealed except for sections 2(1), 11(1) and 17, the definition of “principal Act” in section 20(1), sections 20(2) and (3) and 21, paragraph 1 of Schedule 2, paragraphs 3, 4, 6, 7, 8(1) and (2)(b) and (d), 11, 12 and 14 of Schedule 3 and Schedule 4.

Commencement Information

I10 Sch. 19 para. 82 wholly in force at 1.9.1994 ; Sch. 19 para. 82 not in force at Royal Assent see s. 308(3); Sch. 19 para. 82 in force for specified purposes: at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; at 3.3.1994 by S.I. 1994/507, art. 2, Sch. 1 and at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2; Sch. 19 para. 82 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art.3, Sch. 2

The Representation of the People Act 1983 (c. 2) U.K.

83 In paragraph 22(1)(i) of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) after “authority” there is inserted “ a grant-maintained school ”.

The Value Added Tax Act 1983 (c. 55) U.K.

84 In Note (2) of Group 6 of Schedule 6 to the Value Added Tax Act 1983 (meaning of “school” for purposes of determining whether provision of education is an exempt supply) for “1981” there is substituted “ 1993 ”.

The Registered Homes Act 1984 (c. 23) E+W

85 In section 1(6) of the Registered Homes Act 1984 (requirement of registration: independent schools) for “11(3)(a) of the Education Act 1981” there is substituted “ 189(1) of the Education Act 1993 ”.

The Building Act 1984 (c. 55) E+W

86 In section 4(1)(a) of the Building Act 1984 (exemption of educational buildings etc.) for the words from “plans” to the end there is substituted—

“(i) plans that have been approved by the Secretary of State,

(ii) particulars submitted and approved under section 14 of the Education Act 1980 or under regulations made under section 218(7) of the Education Reform Act 1988,

(iii) particulars approved or adopted under section 51, 99 or 185 of the Education Act 1993, or

(iv) particulars given in a direction under section 151 of that Act.”

The Disabled Persons (Services, Consultation and Representation) Act 1986(c. 33) E+W+S

87 In section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education)—

(a) in subsection (1)(a) after “1981” there is inserted “ or 168 of the Education Act 1993 ”,

(b) in subsection (8)—

(i) for “4 of Schedule 1 to the Education Act 1981” there is substituted “ 7 of Schedule 10 to the Education Act 1993 ”, and

(ii) for “made under section 7” there is substituted “ maintained under section 168 ”, and

(c) in subsection (9) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.

Commencement Information

I11 Sch. 19 para. 87 wholly in force at 1.9.1994; Sch. 19 para. 87 not in force at Royal Assent see s. 308(3); Sch. 19 para. 87(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2; Sch. 19 para. 87(a)(c) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

The Education (No. 2) Act 1986 (c. 61) E+W+S

Valid from 01/09/1994

88 The Education (No. 2) Act 1986 is amended as follows.

89 In section 5(4)(b) (appointment of parent governors by governing body) the words after “by the authority” are omitted.

90 In section 9(5) (grouping)—

(a) at the end of paragraph (a) there is inserted “or

(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)”,

and “or” at the end of sub-paragraph (ii) is omitted, and

(b) paragraph (b) is omitted,

and that section shall have effect as if the transfer of a school to a new site in pursuance of section 16(1A)(c) of the M1 Education Act 1980 were an alteration of a kind mentioned in subsection (5) of that section.

Commencement Information

I12 Sch. 19 para. 90 wholly in force at 1.4.1994; Sch. 19 para. 90 not in force at Royal Assent see s. 308(3); Sch. 19 para. 90 in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 90 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

Marginal Citations

M1 1980 c. 20.

91 In section 11 (reviews)—

(a) after subsection (2)(a)(iii) there is inserted “or

(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)”,

and “or” at the end of sub-paragraph (ii) is omitted,

(b) subsection (2)(b) is omitted,

(c) in subsection (2)(c) “or (b)” is omitted,

(d) in subsections (3) and (6), for “(b)” there is substituted “ (iv) ”, and

(e) subsection (7) is omitted.

92 In section 12 (temporary governing bodies)—

(a) in subsection (1)(a) after “the 1980 Act” there is inserted “ or section 184 of the Education Act 1993 ”,

(b) in subsection (2)(a)(i) after “school” there is inserted “ or a new school which is specially organised to make special educational provision for pupils with special educational needs ”,

(c) subsection (3) is omitted, and

(d) in subsection (4) after “published” there is inserted “ or, as the case may be, notice of the proposal has been duly served ”.

93 In section 13 (effect of change of circumstances), in subsection (2), “or (b)” is omitted.

94 In section 18 (review of curriculum), for subsection (7)(b) there is substituted—

“(b) the implementation of any proposal under section 183 of the Education Act 1993 (establishment, alteration and discontinuance of maintained special schools)”.

Valid from 01/09/1994

95 In section 22 (discipline), in paragraph (a)(ii) after “behaviour” there is inserted “ and respect for others ”.

Valid from 01/09/1994

96 In section 23 (exclusions) “or indefinite” in paragraphs (a)(ii) and (b) is omitted.

97 In section 24 (reinstatement in county etc. schools)—

(a) in paragraph (a)(i), for “after consulting the governing body” there is substituted “ (after giving the governing body an opportunity to express their views and after considering any views expressed within the prescribed period by the governing body) ”,

(b) in paragraph (b), for “an exclusion which is for an indefinite period or is permanent” there is substituted “ permanent exclusion ”,

(c) paragraphs (c) and (e) are omitted, and

(d) in paragraph (f), “or (c)” is omitted.

Commencement Information

I13 Sch.19 para. 97 wholly in force at 1.9.1994; Sch. 19 para. 97 not in force at Royal Assent see s. 308(3); Sch. 19 para. 97(a) in force for specified purposes at 1.8.1994 by S.I. 1994/2038, art. 2, Sch. 1 ; Sch. 19 para. 97 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

98 In section 25 (reinstatement in aided etc. schools)—

(a) in paragraph (c), for “consult the governing body” there is substituted “ give the governing body an opportunity to express their views and to consider any views expressed within the prescribed period by the governing body ”, and

(b) paragraphs (d), (e) and (f) are omitted.

Commencement Information

I14 Sch. 19 para. 98 wholly in force at 1.9.1994; Sch. 19 para. 98 not in force at Royal Assent see s. 308(3); Sch. 19 para. 98(a) in force for specified purposes at 1.8.1994 by S.I. 1994/2038, art. 2, Sch. 1; Sch. 19 para. 98 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art. 2, Sch. 1

99 Regulations may provide that, where a local education authority or governing body of a school are required under section 24 or 25 of that Act to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.

100 In section 38 (duties of local education authority and governing body in relation to appointment of staff)—

(a) in subsection (4)(c) the words after “to the post” are omitted, and

(b) in subsection (6)(b) “or (4)(c)(ii)” is omitted,

and any provision made by virtue of subsection (4)(c)(ii) of that section in the articles of government for any county, controlled, special agreement or maintained special school shall cease to have effect.

101 In section 47 (abolition of corporal punishment)—

(a) in subsection (5)(b), for the words from “primary” (where first mentioned) to “full-time” there is substituted “ education ”, and

(b) at the end of subsection (6)(b) there is added “ or by the funding authority or a local education authority under paragraph 9 or 10 of Schedule 2 to the Education Act 1993 ”.

Commencement Information

I15 Sch. 19 para. 101 wholly in force at 1.9.1994; para. 101 was not in force at Royal Assent see s. 308(3); Sch. 19 para. 101(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2; Sch. 19 para. 101(a) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

102 In section 50 (grants for teacher training, etc.)—

(a) in subsection (2)(b) for “capacity as an employee of the kind in question” there is substituted “ employment ”, and

(b) the following are omitted—

(i) in subsection (3)(c) “local education authorities, and other”, and

(ii) subsection (4).

Valid from 01/04/1995

103 In section 51 (recoupment)—

(a) in subsection (8) for the words from the beginning to “references to” there is substituted “ The reference in subsection (2) above to further education does not include a reference to ”,

(b) subsection (9) is omitted,

(c) in subsection (10) for “pupil” there is substituted “ person ”,

(d) in subsection (11) for “this section” there is substituted “ the regulations ”, and

(e) subsection (13) is omitted.

Valid from 01/04/1995

104 In section 52 (recoupment: cross-border provisions) for subsection (2) there is substituted—

“(2) Section 51(3) and (4) of this Act applies for the purposes of this section as it applies for the purposes of that”.

105 In section 54(12) (change of status of controlled school to aided school) paragraph (f) is omitted.

106 In section 58(1) (travelling and subsistence allowances for governors), in paragraph (a) for “county, voluntary and maintained special schools” there is substituted “ any county, voluntary or maintained special school which does not have a delegated budget (construed in accordance with section 33(6)(b) of the Education Reform Act 1988) ”.

Valid from 01/04/1995

107 In section 63 (orders and regulations)—

(a) in subsection (3) for “or different circumstances” there is substituted “ circumstances or areas ”, and

(b) subsection (4) is omitted.

108 In section 65(1) (interpretation) the definition of “the 1981 Act” is omitted.

109 Schedule 2 (new schools) is amended as follows—

(a) in paragraph 2(1)(b) for “section 4” there is substituted “ sections 4 and 4A ”,

(b) in paragraph 2(2)—

(i) after “4” there is inserted “ 4A ”, and

(ii) paragraph (b) is omitted,

(c) in paragraph 5(2), for “12(3) or (4)” there is substituted “ 12(4) ” and in paragraph (b) the words after “proposal” are omitted,

(d) in paragraph 7(7) the words after “by the authority” are omitted, and

(e) in paragraph 9 after “Any person” there is inserted “ other than a person who is to be named in the instrument of government as a sponsor of the school ”.

Commencement Information

I16 Sch. 19 para. 109 wholly in force at 1.4.1994; Sch. 19 para. 109 not in force at Royal Assent see s. 308(3); Sch. 19 para. 109(a)(b)(i)(e) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 109((b)(ii)(c)(d) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

The Local Government Act 1988 (c. 9) E+W+S

110 Section 1(1)(j) of the Local Government Act 1988 (defined authorities) is omitted.

111 In Schedule 2 to that Act the words from “A joint education committee” to “1944” are omitted.

The Education Reform Act 1988 (c. 40) E+W

112 The Education Reform Act 1988 is amended as follows.

113 In section 3(3) (foundation subjects and key stages)—

(a) for “and (5)” there is substituted “ (5) and (5A) ”, and

(b) in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

Commencement Information

I17 Sch. 19 para. 113 partly in force at 1.4.1994; Sch. 19 para. 113 not in force at Royal Assent see s. 308(3); Sch. 19 para. 113(a) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

114 In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115 In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116 In section 11 (standing advisory councils on religious education)—

(a) in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b) at the end of that section there is added—

“(13) The council shall send a copy of each report published by them under subsection (9) above—

(a) in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b) in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117 In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118 Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a) in subsection (2) for “Each” there is substituted “ The ”,

(b) in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca) to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c) in subsection (5) for “a” there is substituted “ the ”,

(d) in subsection (6) for “each” there is substituted “ the ”, and

(e) in subsection (7) for “each” there is substituted “ the ”.

Commencement Information

I18 Sch. 19 para. 118 wholly in force; Sch. 19 para. 118 not in force at Royal assent see s. 308(3); Sch. 19 para. 118(b)-(d) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 118(a)(e) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1

119 In section 16 (development work and experiments)—

(a) in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b) at the end there is added—

“(6) In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

Valid from 01/09/1994

120 In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

Valid from 01/09/1994

121 In section 19 (temporary exceptions for individual pupils)—

(a) in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b) in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122 (1) Section 20 (procedure for making certain orders: England) is amended as follows.

(2) In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3) For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123 In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124 In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125 In section 36 (delegation to governing body of management of school’s budget share)—

(a) in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b) after subsection (5A) there is inserted—

“(5B) Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

Commencement Information

I19 Sch. 19 para. 125 wholly in force at 1.4.1994; Sch. 19 para. 125 not in force at Royal Assent see s. 308(3); Sch. 19 para. 125(a) in force at 3.3.1994 by S.I. 1994/507, art. 2, Sch. 1 and Sch. 19 para. 125(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

126 Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

Commencement Information

I20 Sch. 19 para. 126 wholly in force at 1.4.1994; Sch. 19 para. 126 not in force at Royal Assent see s. 308(3); Sch.19 para. 126 in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 126 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

127 In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128 In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129 In section 111 (charges for board and lodging at boarding schools)—

(a) in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b) in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c) for subsection (3)(b) there is substituted—

“(b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d) subsection (4) is omitted, and

(e) in subsection (5)—

(i) for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii) in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130 In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

Commencement Information

I21 Sch. 19 para. 130 wholly in force at 1.4.1994; Sch. 19 para. 130 not in force at Royal Assent see s. 308(3); Sch. 19 para. 130 in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 130 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Scv

131 In section 163(1) (new education authorities for inner London) for “1988” there is substituted “ 1993 ”.

132 In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133 In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134 In section 198 (transfers under Parts I and II)—

(a) in subsection (1)—

(i) “74” is omitted, and

(ii) after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b) in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135 Section 200 (grant-maintained schools: school property) is omitted.

136 In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137 In section 230 (stamp duty) the following are omitted—

(a) in subsection (1) the words from “section 74” to “96(2)”, and

(b) subsections (2), (3) and (4)(b).

Commencement Information

I22 Sch. 19 para. 137 wholly in force at 1.4.1994; Sch. 19 para. 137 not in force at Royal Assent see s. 308(3); Sch. 19 para. 137 in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 137 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

138 In section 232 (orders and regulations)—

(a) in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b) the following are omitted—

(i) in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii) in subsection (4)(b) “52(7)”.

Commencement Information

I23 Sch. 19 para. 138 wholly in force at 1.4.1994;Sch. 19 para. 138 not in force at Royal Assent see s. 308(3); Sch. 19 para. 138(a)(b)(ii) wholly in force and Sch. 19 para. 138(b)(i) in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 138 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

139 In section 235 (general interpretation) the following are omitted—

(a) in subsection (1)—

(i) the definition of “the 1981 Act”, and

(ii) in the definition of “transfer date”, “74(9)”,

(b) in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c) in subsection (5) “74”.

Commencement Information

I24 Sch. 19 para. 139 wholly in force at 1.9.1994; Sch. 19 para. 139 not in force at Royal Assent see s. 308(3); Sch. 19 para. 139(a)(ii)(b)(c) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 139(a)(i) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

140 Paragraph 9 of Schedule 1 is omitted.

141 In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b) shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142 For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b) less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143 Schedule 5 is omitted.

144 In Schedule 10 (supplementary provisions with respect to transfers)—

(a) in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b) in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c) in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d) in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e) in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145 In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

Commencement Information

I25 Sch. 19 para. 145 wholly in force at 1.9.1994; Sch. 19 para. 145 not in force at Royal Assent see s. 308(3); Sch. 19 para. 145 in force for specified purposes at 1.4.1994 by S.I. 1994/507, art. 4, sch. 2; Sch. 19 para. 145 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

Prospective

The Employment Act 1989 (c. 38) U.K.

146 In section 10(6) (removal of restrictions relating to employment of young persons) for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

The Children Act 1989 (c. 41) U.K.

Valid from 01/09/1994

147 Section 27(4) of the Children Act 1989 (duty of local authority to assist local education authority) is omitted.

Valid from 01/09/1994

148 In section 28(4) of that Act (local authority support for children and families: consultation with local education authorities) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.

149 In section 36(8) of that Act (consultation in respect of education supervision orders) the words from “social” to “of the” are omitted.

150 In section 105(1) of that Act (interpretation), in the definition of “special educational needs” for “1981” there is substituted “ 1993 ”.

Valid from 01/09/1994

151 In paragraph 3 of Schedule 2 to that Act (local authority support for children and families: assessment of children’s needs) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.

152 In Part III of Schedule 3 to that Act (education supervision orders), in paragraph 13—

(a) in sub-paragraph (1) for the words from “sections” to “children and” there is substituted “ section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty ”, and

(b) in sub-paragraph (2)—

(i) in paragraph (a)(i) for “37 of the Act of 1944” there is substituted “ 192 of that Act ”,

(ii) in paragraph (b)(i) for “37” there is substituted “ 192 ”, and

(iii) in paragraph (b)(ii) for “that Act” there is substituted “ the Education Act 1944 ”.

153 In paragraph 3(3) of Schedule 9 (child minding and day care: exemption of certain schools) for “section 52(3) of the Education Reform Act 1988” there is substituted “ the Education Act 1993 ”.

154 Paragraphs 4 and 36 of Schedule 12 to that Act (minor amendments) are omitted.

Commencement Information

I26 Sch. 19 para. 154 wholly in force at 1.9.1994; Sch.19 para. 154 not in force at Royal Assent see s. 308(3); Sch. 19 para. 154 in force at 1.10.1993 (so far as relates to 1989 c. 41, Sch. 12 para. 4) by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para.154 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

155 Paragraphs 4 and 8 of Schedule 13 to that Act (consequential amendments) are omitted.

The Local Government and Housing Act 1989 (c. 42) E+W+S

156 In section 13 of the Local Government and Housing Act 1989 (voting rights of members of committees)—

(a) subsection (2)(b) is omitted,

(b) for subsection (5) there is substituted—

“(5) Nothing in this section shall prevent the appointment of a person who is not a member of a local education authority as a voting member of—

(a) any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,

(b) any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or

(c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,

where that appointment is required by directions given by the Secretary of State under section 297 of the Education Act 1993 (power of Secretary of State to direct appointment of members of committees).”,

(c) subsection (6) is omitted, and

(d) in subsection (7) for “education committee or sub-committee of an education committee” there is substituted “ committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection ”.

157 In Schedule 1 to that Act (political balance on local authority committees) in paragraph 4—

(a) in sub-paragraph (1)—

(i) the definition of “education committee” is omitted, and

(ii) in paragraph (a) of the definition of “ordinary committee”, “education committee, their” is omitted, and

(b) in sub-paragraph (2) in paragraph (a) of the definition of “ordinary committee”, “education committee or” is omitted.

158 Paragraph 98 of Schedule 11 to that Act (minor and consequential amendments) is omitted.

The Planning (Consequential Provisions) Act 1990 (c. 11) E+W

159 Paragraph 78 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (consequential amendments) is omitted.

Valid from 01/09/1994

The National Health Service and Community Care Act 1990 (c. 19) E+W+S

160 Paragraph 22 of Schedule 9 to the National Health Service and Community Care Act 1990 (minor and consequential amendments) is omitted.

The School Teachers’ Pay and Conditions Act 1991 (c. 49) E+W

161 In section 2 of the School Teachers’ Pay and Conditions Act 1991 (orders relating to statutory conditions of employment), in subsections (6) and (7) for “section 3” there is substituted “ sections 3 and 3A ”.

The Diocesan Boards of Education Measure 1991 (1991 No. 2) E

162 The Diocesan Boards of Education Measure 1991 is amended as follows.

163 In section 3 (transactions for which advice or consent of Diocesan Board required)—

(a) in subsection (4) for the words from “by a resolution” to the end there is substituted “to hold a meeting to consider whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, it shall—

(a) give to the secretary of the Board for the diocese in which the school is situated at least seven days’ notice that such a meeting is to be held at such time and place as is specified in the notice, and

(b) have regard to any relevant advice given by the Board, when considering at the meeting whether to hold a ballot of parents on that question,

and in paragraph (b) above, “relevant advice” means advice given in connection with the acquisition of grant-maintained status for the school whether given for the purposes of that school or for Church of England voluntary schools generally ”,

(b) in subsection (5) for “89 of the 1988 Act” there is substituted “ 96 of the Education Act 1993 ”, and

(c) in subsection (6) “or (4)” is omitted.

Commencement Information

I27 Sch. 19 para. 163 wholly in force at 1.4.1994; Sch. 19 para. 163 not in force at Royal Assent see s. 308(3); Sch. 19 para. 163(a)(c) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 163(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, sch. 2

164 In section 5 (proposals for acquisition of grant-maintained status)—

(a) for “subsection (5) of section 62 of the 1988 Act” there is substituted “ paragraph 2 of Schedule 3 to the Education Act 1993 ”, and

(b) for “the advice given by the Board under section 3(4) above” there is substituted “ any relevant advice (defined in section 3(4) above) given by the Board ”.

165 In section 6(2) (Board to be consulted in certain cases) for “102 of the 1988 Act” there is substituted “ 136 of the Education Act 1993 ”.

166 In section 7(3) (powers of Board to give directions to governing bodies of aided church schools) for “1988” there is substituted “ 1993 ”.

167 In section 10 (interpretation)—

(a) for the definition of “church school” in subsection (1) there is substituted—

““church school” means—

(a) a Church of England voluntary school,

(b) a grant-maintained school which was such a voluntary school immediately before it became grant-maintained,

(c) a grant-maintained school established in pursuance of proposals published under section 49 of the Education Act 1993 where either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to that Act provides for religious education at the school to accord with the faith and practice of the Church of England, or

(d) a grant-maintained school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the faith and practice of the Church of England are approved under section 98 of that Act”, and

(b) in subsection (3)—

(i) after “the 1988 Act” there is inserted “ or the Education Act 1993 ”, and

(ii) for “that Act” there is substituted “ those Acts ”.

Commencement Information

I28 Sch. 19 para. 167 wholly in force at 1.4.1994; Sch. 19 para. 167 not in force at Royal Assent see s. 308(3); Sch. 19 para. 167(b) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 167(a) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

The Further and Higher Education Act 1992 (c. 13) E+W

168 Section 13 of the Further and Higher Education Act 1992 (provision of further education in grant-maintained schools) is omitted.

169 Section 59(5) of that Act (changes to special schools) is omitted.

170 In section 90(1) of that Act (interpretation), in the definition of “the Education Acts”, for “1992” there is substituted “ 1993 ”.

171 In Schedule 8 to that Act (minor and consequential amendments)—

(a) paragraphs 18 and 29 are omitted, and

(b) in paragraph 62(3) after “this Act” there is inserted “ or (as the case may be) the Education Act 1993 ”.

The Local Government Finance Act 1992 (c. 14) E+W+S

172 Paragraph 58 of Schedule 13 to the Local Government Finance Act 1992 (minor and consequential amendments) is omitted.

The Education (Schools) Act 1992 (c. 38) E+W

173 (1) In section 9 of the Education (Schools) Act 1992 (schools inspection)—

(a) in subsection (3) in paragraph (e) for the words from “11(3)(a)” to the end there is substituted “ 189(1) of the Education Act 1993 (approval of independent schools for children with statements) ”,

(b) at the end of subsection (6) there is inserted “ or to the content of collective worship which falls to be inspected under section 13 ”, and

(c) in subsection (7) for “section” there is substituted “ Act ”.

(2) Schedule 2 to that Act is amended as follows.

(3) In paragraph 1, for the words from “body” (at the end of the definition of “appropriate authority”) to the end there is substituted—

““inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

“section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education. ”

(4) For “an inspection” in paragraphs 2, 3(5), 4(1), 5(1), 6 and 7 there is substituted “ a section 9 inspection ” and for “Every inspection” in paragraph 3(1) there is substituted “ Every section 9 inspection ”.

(5) For paragraph 9 there is substituted—

“9 (1) Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.

(2) Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3) If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4) The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5) Where—

(a) the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b) the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6) Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7) A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall—

(a) state his opinion, and

(b) state whether the Chief Inspector agrees or disagrees with his opinion.

(8) If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the person making the report shall state his opinion in the report.

9A (1) Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall—

(a) prepare in writing a report of the inspection and a summary of the report, and

(b) state his opinion in the report.

(2) If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3) A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4) If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall state his opinion in the report.

9B (1) The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).

(2) The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.

(3) The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—

(a) the inspector,

(b) the appropriate authority, and

(c) the Secretary of State, except in the case of a maintained nursery school.

(4) This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.

9C (1) In the case of a report of a section 9 inspection of a school, the person making it shall without delay—

(a) send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b) if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2) In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3) In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.”

(6) For paragraphs 10 and 11 there is substituted—

“10 (1) Where—

(a) a report of a section 9 inspection of a school, or

(b) a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a) such period as may be prescribed, or

(b) if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a) to the Chief Inspector,

(b) to the Secretary of State, except in the case of a maintained nursery school, and

(c) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

11 (1) This paragraph applies in circumstances where—

(a) in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c) a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2) Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3) The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5) In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—

(a) states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b) states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.”

(7) For paragraph 12 there is substituted—

“12 (1) Where an inspection of a school is required under section 9 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.

(2) Where an inspection is conducted by a member of the Inspectorate by virtue of this paragraph, this Act shall have effect (unless the context otherwise requires) in relation to the inspection as if the member of the Inspectorate were a registered inspector.

(3) If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 6(2)(b) or 7(1), that inspection shall be treated for the purposes of section 9(1) and (2) and this Part of this Schedule as if it were an inspection under section 9 and the member of the Inspectorate were a registered inspector”.

(8) In paragraph 14(4)—

(a) in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b) in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

(9) In paragraph 15(3)—

(a) in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b) in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

Commencement Information

I29 Sch. 19 para. 173 wholly in force at 1.4.1994; Sch. 19 para. 173 not in force at Royal Assent see s. 308(3); Sch. 19 para. 173 partly in force at 1.8.1993, 1.9.1993 and 1.10.1993 by S.I. 1993/1975, art. 4; Sch. 19 para. 173(1)(a) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

The Tribunals and Inquiries Act 1992 (c. 53) U.K.

174 In paragraph 15(c) of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals), for “section 58(5)(d) of the Education Reform Act 1988 (c. 40)” there is substituted “ paragraph 5(1) of Schedule 6 to the Education Act 1993 ”.

The Charities Act 1993 (c. 10) E+W

175 In Schedule 2 to the Charities Act 1993 (exempt charities) after paragraph (d) there is inserted—

“(da) the School Curriculum and Assessment Authority;”.

Extent Information

E1 Sch. 19: Act extends to England and Wales for exception see s. 308(4)(5)

SCHEDULES

Section 244.

SCHEDULE 14 U.K. SCHOOL CURRICULUM AND ASSESSMENT AUTHORITY

Commencement Information

I30 Sch. 14 wholly in force at 1.10.1993 see s. 308(3) and S.I. 1993/1975, art.9, Sch. 1

Status E+W

1 The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and their property shall not be regarded as property of, or property held on behalf of, the Crown.

Powers E+W

2 (1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

(2) In particular, the Authority may—

(a) acquire or dispose of land or other property,

(b) enter into contracts,

(c) form bodies corporate or subscribe for shares or stock,

(d) invest any sums not immediately required for the purpose of carrying out their functions,

(e) accept gifts of money, land or other property, and

(f) borrow money.

3 (1) The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.

(2) The Authority may give assistance under this paragraph on such terms, including terms as to payment, as they may determine.

(3) The consent of the Secretary of State shall be required for the exercise of any power conferred by this paragraph.

Chief officer E+W

4 (1) The Authority shall have a chief officer.

(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as he thinks fit.

(3) Each subsequent chief officer shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.

Chairman and chief officer: division of functions E+W

5 (1) The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment.

(2) The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) above on the chairman of the Authority.

Tenure of office E+W

6 (1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

7 The Secretary of State may, if satisfied that a member of the Authority—

(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

(b) is unable or unfit to discharge the functions of a member,

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

8 If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to members E+W

9 (1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.

(2) The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff U.K.

10 Subject to the approval of the Secretary of State given with the consent of the Treasury, the Authority—

(a) may appoint such number of employees on such terms and conditions as they think fit, and

(b) shall pay to their employees such remuneration and allowances as they may determine.

11 (1) Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the M2 Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there is inserted—

“School Curriculum and Assessment Authority.”

(2) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3) Where an employee of the Authority is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation Act 1972 and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9 above).

Extent Information

E2 Schedule 14, para. 11(1): Act extends to England and Wales for exception see s. 308(4)(5)

Marginal Citations

M2 1972 c. 11.

Finance E+W

12 (1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.

(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees E+W

13 (1) The Authority may establish a committee for any purpose.

(2) The Authority shall determine the number of a committee’s members and the terms on which they are to hold and vacate office.

(3) A committee may include persons who are not members of the Authority.

(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation E+W

14 The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 above to carry out such of the Authority’s functions as the Authority may determine.

Proceedings E+W

15 (1) A representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the Secretary of State with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

16 (1) Her Majesty’s Chief Inspector of Schools in England, or a representative of his, shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide Her Majesty’s Chief Inspector of Schools in England with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

17 (1) The chairman of the Curriculum Council for Wales, or a representative of his, shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the chairman of the Curriculum Council for Wales with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

18 The validity of proceedings of the Authority shall not be affected by a vacancy among the members or any defect in the appointment of a member.

19 Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts E+W

20 (1) The Authority shall—

(a) keep proper accounts and proper records in relation to the accounts,

(b) prepare in respect of each financial year of the Authority a statement of accounts, and

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) the information to be contained in it,

(b) the manner in which the information contained in it is to be presented, or

(c) the methods and principles according to which the statement is to be prepared.

(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(4) In this paragraph, “financial year” means the period beginning with the date on which the Authority is established and ending with the next following 31st of March, and each successive period of twelve months.

Documents E+W

21 The application of the seal of the Authority shall be authenticated by the signature—

(a) of the chairman or some other person authorised either generally or specially by the Authority to act for that purpose, and

(b) of one other member.

22 Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed by a person authorised by the Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 307.

SCHEDULE 19 U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

Extent Information

E1 Sch. 19: Act extends to England and Wales for exception see s. 308(4)(5)

The Children and Young Persons Act 1933 (c. 12) E+W

1 Section 10 of the Children and Young Persons Act 1933 (vagrants preventing children from receiving education) is omitted.

Prospective

2 In section 30(1)(a) of that Act (interpretation) for the words from “for the purposes” to the end of paragraph (a) there is substituted “ over compulsory school age (construed in accordance with section 277 of the Education Act 1993) ”.

The Education Act 1944 (c. 31) E+W

3 The Education Act 1944 is amended as follows.

4 Section 1(1) (general duty of Secretary of State) is omitted.

5 In section 6(1) (local education authorities) the words from “Subject” to “Act” are omitted.

6 Section 9(5) (definition of special school) is omitted.

7 In section 15 (voluntary schools) for “the maintenance contribution payable by the Minister under this Act”, in subsections (2) and (5), there is substituted “ grants under section 281 of the Education Act 1993 ”.

8 In section 16(1) (transfer of schools to new sites, etc), “any county school or” and the words following “the new site” are omitted.

9 In section 26(4)(a) (special provisions as to religious education in county schools) after “particular” there is inserted “ religion or ”.

Prospective

10 Section 35 (compulsory school age) is omitted.

11 Sections 37 (school attendance orders), 39 (duty of parents to secure regular attendance of registered pupils) and 40 (enforcement of school attendance) are omitted.

12 In section 50 (provision of board and lodging otherwise than at school)—

(a) in subsection (1) “by them” is omitted, and

(b) in subsection (2) after “with respect to the” there is inserted “ religion or ”.

13 In section 52 (recovery of cost of board and lodging otherwise than at school), in paragraph (a) of the proviso to subsection (1), “by the authority” is omitted.

14 In section 54 (power to ensure cleanliness)—

(a) in subsection (1) after “by them” there is inserted “ and grant-maintained schools within their area ”,

(b) in subsection (6) after “authority” there is inserted “ or at a grant-maintained school ”, and

(c) in subsection (7)—

(i) after “by the authority” there is inserted “ or at a grant-maintained school within the area of the authority ”, and

(ii) for “this Act” there is substituted “ Part IV of the Education Act 1993 ”.

15 In section 55 (transport), at end of subsection (3) there is added “ and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres ”.

Valid from 01/09/1994

16 Section 56 (power to provide education otherwise than at school) is omitted.

Prospective

17 In section 58 (adaptation of enactments relating to employment of children) “for the purposes of this Act” is omitted.

18 In section 63(2) (exemption from local Acts and byelaws of buildings approved by the Secretary of State) after “plans for” there is inserted “ or particulars in respect of ”.

19 That subsection shall have effect as if the reference to plans approved by the Secretary of State included particulars given in pursuance of section 151(2)(b) of this Act.

20 In section 76 (pupils to be educated in accordance with the wishes of their parents)—

(a) for “this Act” there is substituted “ the Education Acts 1944 to 1993 ”, and

(b) before “and local education authorities” there is inserted “ the funding authorities ”.

Commencement Information

I1 Sch. 19 para. 20 wholly in force at 1.4.1994; Sch. 19 para. 20 not in force at Royal Assent see s. 308(3); Sch. 19 para. 20(a) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 20(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

21 In section 80(1) (registration of pupils at schools) after “to the Secretary of State” there is inserted “ to the funding authorities ”.

22 Sections 102 and 103 (contributions and grants by Secretary of State to aided and special agreement schools) are omitted.

23 In section 105 (power of Secretary of State to make loans to aided and special agreement schools in respect of initial expenditure)—

(a) in subsection (2)—

(i) in paragraph (c)(i) after “premises” there is inserted “ or on a transfer of the school to a new site ” and for “a maintenance contribution” there is substituted “ grants under section 281 of the Education Act 1993 ”,

(ii) in paragraph (c)(iii) for the words from “which” to the end there is substituted “ being expenses in respect of which grants under section 281 of the Education Act 1993 may be paid ”,

(iii) paragraph (d) is omitted, and

(iv) in the words following that paragraph, “maintenance contribution” is omitted and for “either of the last two foregoing sections” there is substituted “ section 281 of the Education Act 1993 ”, and

(b) in subsection (3) after “representative of any” there is inserted “ religion or ”.

Commencement Information

I2 Sch. 19 para. 23 wholly in force at 1.4.1994; Sch. 19 para. 23 not in force at Royal Assent see s. 308(3); Sch. 19 para. 23(a)(i) in force at 1.10.1993 (so far as it amends 1944 c. 31, s. 105(2)(c)(i)) by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 23(a) in force for all remaining purposes at 1.1.1994 by S.I. 1993/3106, art. 4 Sch. 1; Sch. 19 para. 23(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

24 In section 114 (interpretation)—

(a) in subsection (1)—

(i) for the definition of “compulsory school age” there is substituted—

““Compulsory school age” shall be construed in accordance with section 277 of the Education Act 1993”

(ii) in the definition of “registered pupil”, for “pupil registered as such” there is substituted “ person registered as a pupil ”,

(iii) in the definition of “secondary school”, “primary or” is omitted, and

(iv) in the definition of “special educational needs” and “special educational provision”, for “1 of the Education Act 1981” there is substituted “ 156 of the Education Act 1993 ”, and

(b) for subsection (1E)(b) there is substituted—

“(b) sections 25 to 27, 29, 37, 60, 63 and 65 of the Education Act 1993, paragraph 9 of Schedule 6 to that Act and Schedule 7 to that Act”.

Commencement Information

I3 Sch. 19 para. 24 partly in force; Sch. 19 para. 24 not in force at Royal Assent see s. 308(3);Sch. 19 para. 24(a)(ii)-(iii) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 24(a)(iv)(b) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1

25 In section 116 (saving as to persons of unsound mind and persons detained by order of a court) after “this Act” there is inserted “ or by or under the Education Act 1993 ”.

26 In the First Schedule (local administration) Part I is omitted.

27 In the Fifth Schedule (procedure for preparing and bringing into operation an agreed syllabus of religious education)—

(a) in paragraph 2(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”,

(b) in the proviso to paragraph 2 for “to represent other religious denominations” there is substituted “ under sub-paragraph (a) above ”,

(c) in paragraph 3 before “denomination”, in each place, there is inserted “ religion ”, and

(d) in paragraph 4—

(i) for “religious” there is substituted “ religion ”, and

(ii) for the words from “vacancy occurs” to the end there is substituted “ person resigns or is withdrawn from the committee the authority shall appoint someone in his place in the same manner as that in which they made the original appointment ”.

28 In the Eighth Schedule (amendment of enactments), the entry relating to section 10 of the Children and Young Persons Act 1933 is omitted.

The Education Act 1946 (c. 50) E+W

29 In the First Schedule to the Education Act 1946 (maintenance of voluntary schools), in paragraph 2, for “section one hundred and three of the principal Act” there is substituted “ section 281 of the Education Act 1993 ”.

The Education (Miscellaneous Provisions) Act 1948 (c. 40) E+W

30 Section 9 of the Education (Miscellaneous Provisions) Act 1948 (presumption of age in proceedings to enforce attendance at school) is omitted.

The Education (Miscellaneous Provisions) Act 1953 (c. 33) E+W

Valid from 01/09/1994

31 In section 6(2) of the Education (Miscellaneous Provisions) Act 1953 (payment of tuition and boarding fees for pupils at non-maintained schools)—

(a) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”,

(b) for “not maintained by them or another local education authority” (in both places) there is substituted “ which is not a maintained school ”,

(c) for “schools maintained by them and schools maintained by other local education authorities” there is substituted “ maintained schools ”,

(d) for “provided by them” in paragraphs (a)(ii) and (b) there is substituted “ provided ”,

(e) paragraph (a)(iii) is omitted, and

(f) at the end there is added— “ and in this subsection “maintained school” means any school maintained by a local education authority and any grant-maintained or grant-maintained special school, and paragraph (b) does not apply where section 190(2) of the Education Act 1993 applies ”.

Commencement Information

I4 Sch. 19 para. 31 partly in force at 1.9.1994; SCh. 19 para. 31 was not in force at Royal Assent see s. 308(3); Sch. 19 para. 31(a) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

32 Section 10 of that Act (amendment of procedure for making school attendance orders) is omitted.

Prospective

The Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49) E+W+S

33 In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

The Public Records Act 1958 (c. 51) U.K.

34 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there are inserted at the appropriate places—

“Curriculum Council for Wales”,

“Funding Agency for Schools”,

“School Curriculum and Assessment Authority”, and

“Schools Funding Council for Wales”.

Commencement Information

I5 Sch. 19 para. 34 wholly in force at 1.4.1994 ; Sch. 19 para. 34 not in force at Royal Assent see s. 308(3); Sch. 19 para. 34 in force at 1.10.1993 (so far as relates to the Curriculum Council for Wales and the School Curriculum and Assessment Authority) by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 34 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

The Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2) E

35 In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “1953” there is substituted “ 1993 ”.

Prospective

The Factories Act 1961 (c. 34) E+W+S

[F1 36 In section 176(1) of the Factories Act 1961 (general interpretation) for the definition of “child” there is substituted—

““child” means any person who is not over compulsory school age (construed in accordance with section 277 of the Education Act 1993) or over school age for the purposes of the Education (Scotland) Act 1946”].

Textual Amendments

F1 Sch. 19 para. 36 repealed (prosp.) by 1995 c. 36, s. 105(1)(5), Sch. 5 (with s. 103(1))

Prospective

The Education Act 1962 (c. 12) E+W

37 Section 9 of the Education Act 1962 (school leaving dates in England and Wales) is omitted.

The Education Act 1964 (c. 82) E+W

38 (1) Section 1 of the Education Act 1964 (middle schools) is amended as follows.

(2) In subsection (1), after “1980” there is inserted “ proposals with respect to a grant-maintained school or proposed grant-maintained school are submitted to the Secretary of State under sections 48, 49, 96 or 97 of the Education Act 1993 or proposals with respect to a county school are published under section 272 of that Act ”.

(3) In subsection (3), for “1962” there is substituted “ 1993 ”.

The Education Act 1967 (c. 3) E+W

39 Section 1 of the Education Act 1967 (extended powers of Secretary of State to make contributions etc.) is omitted.

The Criminal Justice Act 1967 (c. 80) E+W

40 In Schedule 3 to the Criminal Justice Act 1967 (increase of fines), the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944 are omitted.

The Education Act 1968 (c. 17) E+W

41 In section 1(1) of the Education Act 1968 (changes to character, size or situation of schools) for “1967” there is substituted “ 1993 ”.

The Children and Young Persons Act 1969 (c. 54) E+W

42 Paragraphs 2 and 13 of Schedule 5 to the Children and Young Persons Act 1969 (minor and consequential amendments of enactments) are omitted.

The Local Authorities (Goods and Services) Act 1970 (c. 39) E+W+S

43 (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 the School Curriculum and Assessment Authority and the Curriculum Council for Wales.

(2) The provision in 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 shall be a public body for the purposes of the Act).

Valid from 01/09/1994

The Local Authority Social Services Act 1970 (c. 42) E+W

44 At the end of Schedule 1 to the Local Authority Social Services Act 1970 (enactment conferring functions assigned to social service committee) there is added—

“ Education Act 1993.

Help for local education authority in exercising functions under Part III of the Act

Section 166.”.

Prospective

The Education (Handicapped Children) Act 1970 (c. 52) E+W

45 In section 1(1)(b) of the Education (Handicapped Children) Act 1970 (mentally handicapped children) for the words from “for purposes” to the end of paragraph (b) there is substituted “ of compulsory school age (construed in accordance with section 277 of the Education Act 1993) ”.

The Superannuation Act 1972 (c. 11) U.K.

46 Employment with a funding authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—

“The Funding Agency for Schools.

The Schools Funding Council for Wales.”

47 A funding authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to paragraph 46 above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

48 Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 5 of Schedule 1 to this Act).

The Local Government Act 1972 (c. 70) E+W

49 Section 101(9)(a) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) is omitted.

50 In section 104(2)(a) of that Act (teachers not disqualified for being members of committees) for “for the purposes of the enactments relating to education” there is substituted “ wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities ”.

The Education Act 1973 (c. 16) E+W

51 Section 1(2)(b) of the Education Act 1973 (general provisions as to educational trusts) is omitted.

52 In section 2 of that Act (special powers as to certain trusts for religious education)—

(a) in subsection (1)(a) after “particular” there is inserted “ religion or ”,

(b) in subsection (1A)(b)—

(i) before “denomination” there is inserted “ religion or ”, and

(ii) for “85 or 86 of the Education Reform Act 1988” there is substituted “ 139 or 140 of the Education Act 1993 ”,

(c) in subsections (1C), (2) and (4) before “denomination”, in each place where it occurs, there is inserted “ religion or ”, and

(d) in subsection (9) for “1971” there is substituted “ 1993 ”.

Prospective

The Matrimonial Causes Act 1973 (c. 18) E+W

53 In section 29(2)(a) of the Matrimonial Causes Act 1973 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

Valid from 01/09/1994

The Education (Work Experience) Act 1973 (c. 23) E+W+S

54 In section 1(4) of the Education (Work Experience) Act 1973 (interpretation)—

(a) for “1973” there is substituted “ 1993 ”, and

(b) for the words from “by virtue of” to the end there is substituted “ he would cease to be of compulsory school age ”.

Commencement Information

I6 Sch. 19 para. 54 partly in force; Sch. 19 para. 54(a) not in force at Royal Assent see s. 308(3); Sch. 19 para. 54(a) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

The House of Commons Disqualification Act 1975 (c. 24) U.K.

55 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—

(a) there are inserted at the appropriate places—

“Any member of an education association in receipt of remuneration”,

“Any member of the Funding Agency for Schools in receipt of remuneration”, and

“Any member of the Schools Funding Council for Wales in receipt of remuneration”, and

(b) for the entry relating to the National Curriculum Council there is substituted—

“Any member of the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993 in receipt of remuneration”.

Commencement Information

I7 Sch. 19 para. 55 partly in force; Sch. 19 para. 55 not in force at Royal Assent see s. 308(3); Sch. 19 para. 55(b) in force at 1.1.1994 by S.I. 1993/3106, art. 4 Sch. 1; Sch. 19 para. 55(a) in force at 1.4.1994 by S.I. 1994/507, art. 4, sch. 2

The Sex Discrimination Act 1975 (c. 65) E+W+S

56 In section 23(1) of the Sex Discrimination Act 1975 (other discrimination by local education authorities) for “1981” there is substituted “ 1993 ”.

57 After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”

Prospective

58 In section 24(2)(d) of that Act (designated establishments) after “school age” there is inserted “ (construed in accordance with section 277 of the Education Act 1993) ”.

59 In section 25 of that Act (general duty in public sector of education)—

(a) in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

(b) after subsection (6)(d) there is added—

“(e) the Funding Agency for Schools and the Schools Funding Council for Wales.”.

Prospective

60 In section 82(1) of that Act (general interpretation) the definition of “upper limit of compulsory school age” is omitted.

61 In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993 ”.

62 (1) Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2) Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

(a) paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3) Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

(a) if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4) Where proposals made by the Secretary of State under section 234 of this Act—

(a) are for a school to cease to be an establishment which admits pupils of one sex only, and

(b) have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5) Where—

(a) by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b) the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6) In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

Prospective

The Education (School-leaving Dates) Act 1976 (c. 5) E+W+S

63 The Education (School-leaving Dates) Act 1976 is repealed.

The Race Relations Act 1976 (c. 74) E+W+S

64 In section 18(1) of the Race Relations Act 1976 (other discrimination by local education authorities) for “1981” there is substituted “ 1993 ”.

Commencement Information

I8 Sch. 19 para. 64 wholly in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1 and expressed to be in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

65 After section 18B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—

“18C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes racial discrimination.”

66 In section 19 of that Act (general duty in public sector of education)—

(a) in subsections (2) and (4) for “and 18” there is substituted “ 18, 18A and 18C ”, and

(b) after subsection (6)(d) there is added—

“(e) the Funding Agency for Schools and the Schools Funding Council for Wales.”.

Prospective

67 In section 78(1) of that Act (general interpretation) the definition of “upper limit of compulsory school age” is omitted.

The Criminal Law Act 1977 (c. 45) E+W

68 In Schedule 6 to the Criminal Law Act 1977 (increase of fines for certain summary offences) the entry relating to the Education Act 1944 is omitted.

The National Health Service Act 1977 (c. 49) E+W

69 In section 28A(2) of the National Health Service Act 1977 (power to make payments to local education authority) for “1981” there is substituted “ 1993 ”.

70 In paragraph 1(a)(ii) of Schedule 1 to that Act (medical and dental inspection and treatment of pupils etc.) for the words from “special arrangements” to “1981” there is substituted “ section 163 or 298 of the Education Act 1993 ”.

Prospective

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22) E+W

71 In section 5(2)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

The Education Act 1980 (c. 20) E+W

72 The Education Act 1980 is amended as follows.

73 In section 7 (appeals against admission decisions) after “functions” there is inserted “ (other than a decision leading to or embodied in a direction under section 13 of the Education Act 1993) ”.

Valid from 01/09/1994

74 In section 9(2) (nursery schools and special schools) for “7 of the Education Act 1981” there is substituted “ 168 of the Education Act 1993 ”.

75 Sections 10 (determination of school to be named in school attendance order) and 11 (amendment of school attendance order) are omitted.

76 In section 13(1) (establishment and alteration of voluntary schools) “after consultation with the authority” is omitted.

77 In section 14 (approval of school premises)—

(a) in subsection (1)(c), after “school” there is inserted “ or the transfer of a school to a new site ”, and

(b) subsection (4) is omitted.

Commencement Information

I9 Sch. 19 para. 77 wholly in force at 1.4.1994 ;Sch. 19 para. 77 not in force at Royal Assent see s. 308(3); Sch. 19 para. 77(a) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 77(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

78 In section 16 (provisions supplementary to sections 12 to 15), after subsection (1) there is inserted—

“(1A) Subsection (1) above does not apply to the transfer of a school to a new site—

(a) if the transfer is authorised by an order under section 16(1) of the Education Act 1944,

(b) if at the time of transfer the school is intended to return to the existing site within three years, or

(c) if in the case of a county school the new site is in the same area and the local education authority are satisfied that it is expedient that the school should be transferred to the new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the prescribed standards or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning.”

79 In section 22 (school meals) after subsection (4) there is inserted—

“(4A) Where the governing body of a school which has a delegated budget within the meaning of Chapter III of Part I of the Education Reform Act 1988 provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they—

(a) must charge for anything so provided,

(b) must charge every pupil the same price for the same quantity of the same item, and

(c) must charge every person other than a pupil the same price for the same quantity of the same item.”

80 Paragraph 10 of Schedule 1 (school government: consequential amendments) is omitted.

81 In paragraph 1(3) and (4) of Schedule 2 (constitution of appeal committees) “or of any education committee of the authority”, in each place where it occurs, is omitted.

The Education Act 1981 (c. 60) E+W

82 The Education Act 1981 is repealed except for sections 2(1), 11(1) and 17, the definition of “principal Act” in section 20(1), sections 20(2) and (3) and 21, paragraph 1 of Schedule 2, paragraphs 3, 4, 6, 7, 8(1) and (2)(b) and (d), 11, 12 and 14 of Schedule 3 and Schedule 4.

Commencement Information

I10 Sch. 19 para. 82 wholly in force at 1.9.1994 ; Sch. 19 para. 82 not in force at Royal Assent see s. 308(3); Sch. 19 para. 82 in force for specified purposes: at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; at 3.3.1994 by S.I. 1994/507, art. 2, Sch. 1 and at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2; Sch. 19 para. 82 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art.3, Sch. 2

The Representation of the People Act 1983 (c. 2) U.K.

83 In paragraph 22(1)(i) of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) after “authority” there is inserted “ a grant-maintained school ”.

The Value Added Tax Act 1983 (c. 55) U.K.

84 In Note (2) of Group 6 of Schedule 6 to the Value Added Tax Act 1983 (meaning of “school” for purposes of determining whether provision of education is an exempt supply) for “1981” there is substituted “ 1993 ”.

The Registered Homes Act 1984 (c. 23) E+W

85 In section 1(6) of the Registered Homes Act 1984 (requirement of registration: independent schools) for “11(3)(a) of the Education Act 1981” there is substituted “ 189(1) of the Education Act 1993 ”.

The Building Act 1984 (c. 55) E+W

86 In section 4(1)(a) of the Building Act 1984 (exemption of educational buildings etc.) for the words from “plans” to the end there is substituted—

“(i) plans that have been approved by the Secretary of State,

(ii) particulars submitted and approved under section 14 of the Education Act 1980 or under regulations made under section 218(7) of the Education Reform Act 1988,

(iii) particulars approved or adopted under section 51, 99 or 185 of the Education Act 1993, or

(iv) particulars given in a direction under section 151 of that Act.”

The Disabled Persons (Services, Consultation and Representation) Act 1986(c. 33) E+W+S

87 In section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education)—

(a) in subsection (1)(a) after “1981” there is inserted “ or 168 of the Education Act 1993 ”,

(b) in subsection (8)—

(i) for “4 of Schedule 1 to the Education Act 1981” there is substituted “ 7 of Schedule 10 to the Education Act 1993 ”, and

(ii) for “made under section 7” there is substituted “ maintained under section 168 ”, and

(c) in subsection (9) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.

Commencement Information

I11 Sch. 19 para. 87 wholly in force at 1.9.1994; Sch. 19 para. 87 not in force at Royal Assent see s. 308(3); Sch. 19 para. 87(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2; Sch. 19 para. 87(a)(c) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

The Education (No. 2) Act 1986 (c. 61) E+W+S

Valid from 01/09/1994

88 The Education (No. 2) Act 1986 is amended as follows.

89 In section 5(4)(b) (appointment of parent governors by governing body) the words after “by the authority” are omitted.

90 In section 9(5) (grouping)—

(a) at the end of paragraph (a) there is inserted “or

(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)”,

and “or” at the end of sub-paragraph (ii) is omitted, and

(b) paragraph (b) is omitted,

and that section shall have effect as if the transfer of a school to a new site in pursuance of section 16(1A)(c) of the M1 Education Act 1980 were an alteration of a kind mentioned in subsection (5) of that section.

Commencement Information

I12 Sch. 19 para. 90 wholly in force at 1.4.1994; Sch. 19 para. 90 not in force at Royal Assent see s. 308(3); Sch. 19 para. 90 in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 90 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

Marginal Citations

M1 1980 c. 20.

91 In section 11 (reviews)—

(a) after subsection (2)(a)(iii) there is inserted “or

(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)”,

and “or” at the end of sub-paragraph (ii) is omitted,

(b) subsection (2)(b) is omitted,

(c) in subsection (2)(c) “or (b)” is omitted,

(d) in subsections (3) and (6), for “(b)” there is substituted “ (iv) ”, and

(e) subsection (7) is omitted.

92 In section 12 (temporary governing bodies)—

(a) in subsection (1)(a) after “the 1980 Act” there is inserted “ or section 184 of the Education Act 1993 ”,

(b) in subsection (2)(a)(i) after “school” there is inserted “ or a new school which is specially organised to make special educational provision for pupils with special educational needs ”,

(c) subsection (3) is omitted, and

(d) in subsection (4) after “published” there is inserted “ or, as the case may be, notice of the proposal has been duly served ”.

93 In section 13 (effect of change of circumstances), in subsection (2), “or (b)” is omitted.

94 In section 18 (review of curriculum), for subsection (7)(b) there is substituted—

“(b) the implementation of any proposal under section 183 of the Education Act 1993 (establishment, alteration and discontinuance of maintained special schools)”.

Valid from 01/09/1994

95 In section 22 (discipline), in paragraph (a)(ii) after “behaviour” there is inserted “ and respect for others ”.

Valid from 01/09/1994

96 In section 23 (exclusions) “or indefinite” in paragraphs (a)(ii) and (b) is omitted.

97 In section 24 (reinstatement in county etc. schools)—

(a) in paragraph (a)(i), for “after consulting the governing body” there is substituted “ (after giving the governing body an opportunity to express their views and after considering any views expressed within the prescribed period by the governing body) ”,

(b) in paragraph (b), for “an exclusion which is for an indefinite period or is permanent” there is substituted “ permanent exclusion ”,

(c) paragraphs (c) and (e) are omitted, and

(d) in paragraph (f), “or (c)” is omitted.

Commencement Information

I13 Sch.19 para. 97 wholly in force at 1.9.1994; Sch. 19 para. 97 not in force at Royal Assent see s. 308(3); Sch. 19 para. 97(a) in force for specified purposes at 1.8.1994 by S.I. 1994/2038, art. 2, Sch. 1 ; Sch. 19 para. 97 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

98 In section 25 (reinstatement in aided etc. schools)—

(a) in paragraph (c), for “consult the governing body” there is substituted “ give the governing body an opportunity to express their views and to consider any views expressed within the prescribed period by the governing body ”, and

(b) paragraphs (d), (e) and (f) are omitted.

Commencement Information

I14 Sch. 19 para. 98 wholly in force at 1.9.1994; Sch. 19 para. 98 not in force at Royal Assent see s. 308(3); Sch. 19 para. 98(a) in force for specified purposes at 1.8.1994 by S.I. 1994/2038, art. 2, Sch. 1; Sch. 19 para. 98 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art. 2, Sch. 1

99 Regulations may provide that, where a local education authority or governing body of a school are required under section 24 or 25 of that Act to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.

100 In section 38 (duties of local education authority and governing body in relation to appointment of staff)—

(a) in subsection (4)(c) the words after “to the post” are omitted, and

(b) in subsection (6)(b) “or (4)(c)(ii)” is omitted,

and any provision made by virtue of subsection (4)(c)(ii) of that section in the articles of government for any county, controlled, special agreement or maintained special school shall cease to have effect.

101 In section 47 (abolition of corporal punishment)—

(a) in subsection (5)(b), for the words from “primary” (where first mentioned) to “full-time” there is substituted “ education ”, and

(b) at the end of subsection (6)(b) there is added “ or by the funding authority or a local education authority under paragraph 9 or 10 of Schedule 2 to the Education Act 1993 ”.

Commencement Information

I15 Sch. 19 para. 101 wholly in force at 1.9.1994; para. 101 was not in force at Royal Assent see s. 308(3); Sch. 19 para. 101(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2; Sch. 19 para. 101(a) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

102 In section 50 (grants for teacher training, etc.)—

(a) in subsection (2)(b) for “capacity as an employee of the kind in question” there is substituted “ employment ”, and

(b) the following are omitted—

(i) in subsection (3)(c) “local education authorities, and other”, and

(ii) subsection (4).

Valid from 01/04/1995

103 In section 51 (recoupment)—

(a) in subsection (8) for the words from the beginning to “references to” there is substituted “ The reference in subsection (2) above to further education does not include a reference to ”,

(b) subsection (9) is omitted,

(c) in subsection (10) for “pupil” there is substituted “ person ”,

(d) in subsection (11) for “this section” there is substituted “ the regulations ”, and

(e) subsection (13) is omitted.

Valid from 01/04/1995

104 In section 52 (recoupment: cross-border provisions) for subsection (2) there is substituted—

“(2) Section 51(3) and (4) of this Act applies for the purposes of this section as it applies for the purposes of that”.

105 In section 54(12) (change of status of controlled school to aided school) paragraph (f) is omitted.

106 In section 58(1) (travelling and subsistence allowances for governors), in paragraph (a) for “county, voluntary and maintained special schools” there is substituted “ any county, voluntary or maintained special school which does not have a delegated budget (construed in accordance with section 33(6)(b) of the Education Reform Act 1988) ”.

Valid from 01/04/1995

107 In section 63 (orders and regulations)—

(a) in subsection (3) for “or different circumstances” there is substituted “ circumstances or areas ”, and

(b) subsection (4) is omitted.

108 In section 65(1) (interpretation) the definition of “the 1981 Act” is omitted.

109 Schedule 2 (new schools) is amended as follows—

(a) in paragraph 2(1)(b) for “section 4” there is substituted “ sections 4 and 4A ”,

(b) in paragraph 2(2)—

(i) after “4” there is inserted “ 4A ”, and

(ii) paragraph (b) is omitted,

(c) in paragraph 5(2), for “12(3) or (4)” there is substituted “ 12(4) ” and in paragraph (b) the words after “proposal” are omitted,

(d) in paragraph 7(7) the words after “by the authority” are omitted, and

(e) in paragraph 9 after “Any person” there is inserted “ other than a person who is to be named in the instrument of government as a sponsor of the school ”.

Commencement Information

I16 Sch. 19 para. 109 wholly in force at 1.4.1994; Sch. 19 para. 109 not in force at Royal Assent see s. 308(3); Sch. 19 para. 109(a)(b)(i)(e) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 109((b)(ii)(c)(d) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

The Local Government Act 1988 (c. 9) E+W+S

110 Section 1(1)(j) of the Local Government Act 1988 (defined authorities) is omitted.

111 In Schedule 2 to that Act the words from “A joint education committee” to “1944” are omitted.

The Education Reform Act 1988 (c. 40) E+W

112 The Education Reform Act 1988 is amended as follows.

113 In section 3(3) (foundation subjects and key stages)—

(a) for “and (5)” there is substituted “ (5) and (5A) ”, and

(b) in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

Commencement Information

I17 Sch. 19 para. 113 partly in force at 1.4.1994; Sch. 19 para. 113 not in force at Royal Assent see s. 308(3); Sch. 19 para. 113(a) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

114 In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115 In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116 In section 11 (standing advisory councils on religious education)—

(a) in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b) at the end of that section there is added—

“(13) The council shall send a copy of each report published by them under subsection (9) above—

(a) in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b) in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117 In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118 Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a) in subsection (2) for “Each” there is substituted “ The ”,

(b) in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca) to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c) in subsection (5) for “a” there is substituted “ the ”,

(d) in subsection (6) for “each” there is substituted “ the ”, and

(e) in subsection (7) for “each” there is substituted “ the ”.

Commencement Information

I18 Sch. 19 para. 118 wholly in force; Sch. 19 para. 118 not in force at Royal assent see s. 308(3); Sch. 19 para. 118(b)-(d) in force at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para. 118(a)(e) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1

119 In section 16 (development work and experiments)—

(a) in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b) at the end there is added—

“(6) In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

Valid from 01/09/1994

120 In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

Valid from 01/09/1994

121 In section 19 (temporary exceptions for individual pupils)—

(a) in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b) in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122 (1) Section 20 (procedure for making certain orders: England) is amended as follows.

(2) In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3) For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123 In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124 In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125 In section 36 (delegation to governing body of management of school’s budget share)—

(a) in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b) after subsection (5A) there is inserted—

“(5B) Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

Commencement Information

I19 Sch. 19 para. 125 wholly in force at 1.4.1994; Sch. 19 para. 125 not in force at Royal Assent see s. 308(3); Sch. 19 para. 125(a) in force at 3.3.1994 by S.I. 1994/507, art. 2, Sch. 1 and Sch. 19 para. 125(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

126 Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

Commencement Information

I20 Sch. 19 para. 126 wholly in force at 1.4.1994; Sch. 19 para. 126 not in force at Royal Assent see s. 308(3); Sch.19 para. 126 in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 126 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

127 In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128 In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129 In section 111 (charges for board and lodging at boarding schools)—

(a) in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b) in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c) for subsection (3)(b) there is substituted—

“(b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d) subsection (4) is omitted, and

(e) in subsection (5)—

(i) for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii) in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130 In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

Commencement Information

I21 Sch. 19 para. 130 wholly in force at 1.4.1994; Sch. 19 para. 130 not in force at Royal Assent see s. 308(3); Sch. 19 para. 130 in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 130 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Scv

131 In section 163(1) (new education authorities for inner London) for “1988” there is substituted “ 1993 ”.

132 In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133 In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134 In section 198 (transfers under Parts I and II)—

(a) in subsection (1)—

(i) “74” is omitted, and

(ii) after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b) in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135 Section 200 (grant-maintained schools: school property) is omitted.

136 In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137 In section 230 (stamp duty) the following are omitted—

(a) in subsection (1) the words from “section 74” to “96(2)”, and

(b) subsections (2), (3) and (4)(b).

Commencement Information

I22 Sch. 19 para. 137 wholly in force at 1.4.1994; Sch. 19 para. 137 not in force at Royal Assent see s. 308(3); Sch. 19 para. 137 in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 137 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

138 In section 232 (orders and regulations)—

(a) in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b) the following are omitted—

(i) in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii) in subsection (4)(b) “52(7)”.

Commencement Information

I23 Sch. 19 para. 138 wholly in force at 1.4.1994;Sch. 19 para. 138 not in force at Royal Assent see s. 308(3); Sch. 19 para. 138(a)(b)(ii) wholly in force and Sch. 19 para. 138(b)(i) in force for specified purposes at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 138 in force for all remaining purposes at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

139 In section 235 (general interpretation) the following are omitted—

(a) in subsection (1)—

(i) the definition of “the 1981 Act”, and

(ii) in the definition of “transfer date”, “74(9)”,

(b) in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c) in subsection (5) “74”.

Commencement Information

I24 Sch. 19 para. 139 wholly in force at 1.9.1994; Sch. 19 para. 139 not in force at Royal Assent see s. 308(3); Sch. 19 para. 139(a)(ii)(b)(c) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 139(a)(i) in force at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

140 Paragraph 9 of Schedule 1 is omitted.

141 In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b) shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142 For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b) less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143 Schedule 5 is omitted.

144 In Schedule 10 (supplementary provisions with respect to transfers)—

(a) in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b) in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c) in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d) in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e) in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145 In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

Commencement Information

I25 Sch. 19 para. 145 wholly in force at 1.9.1994; Sch. 19 para. 145 not in force at Royal Assent see s. 308(3); Sch. 19 para. 145 in force for specified purposes at 1.4.1994 by S.I. 1994/507, art. 4, sch. 2; Sch. 19 para. 145 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

Prospective

The Employment Act 1989 (c. 38) U.K.

146 In section 10(6) (removal of restrictions relating to employment of young persons) for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

The Children Act 1989 (c. 41) U.K.

Valid from 01/09/1994

147 Section 27(4) of the Children Act 1989 (duty of local authority to assist local education authority) is omitted.

Valid from 01/09/1994

148 In section 28(4) of that Act (local authority support for children and families: consultation with local education authorities) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.

149 In section 36(8) of that Act (consultation in respect of education supervision orders) the words from “social” to “of the” are omitted.

150 In section 105(1) of that Act (interpretation), in the definition of “special educational needs” for “1981” there is substituted “ 1993 ”.

Valid from 01/09/1994

151 In paragraph 3 of Schedule 2 to that Act (local authority support for children and families: assessment of children’s needs) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.

152 In Part III of Schedule 3 to that Act (education supervision orders), in paragraph 13—

(a) in sub-paragraph (1) for the words from “sections” to “children and” there is substituted “ section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty ”, and

(b) in sub-paragraph (2)—

(i) in paragraph (a)(i) for “37 of the Act of 1944” there is substituted “ 192 of that Act ”,

(ii) in paragraph (b)(i) for “37” there is substituted “ 192 ”, and

(iii) in paragraph (b)(ii) for “that Act” there is substituted “ the Education Act 1944 ”.

153 In paragraph 3(3) of Schedule 9 (child minding and day care: exemption of certain schools) for “section 52(3) of the Education Reform Act 1988” there is substituted “ the Education Act 1993 ”.

154 Paragraphs 4 and 36 of Schedule 12 to that Act (minor amendments) are omitted.

Commencement Information

I26 Sch. 19 para. 154 wholly in force at 1.9.1994; Sch.19 para. 154 not in force at Royal Assent see s. 308(3); Sch. 19 para. 154 in force at 1.10.1993 (so far as relates to 1989 c. 41, Sch. 12 para. 4) by S.I. 1993/1975, art. 9, Sch. 1; Sch. 19 para.154 in force for all remaining purposes at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2

155 Paragraphs 4 and 8 of Schedule 13 to that Act (consequential amendments) are omitted.

The Local Government and Housing Act 1989 (c. 42) E+W+S

156 In section 13 of the Local Government and Housing Act 1989 (voting rights of members of committees)—

(a) subsection (2)(b) is omitted,

(b) for subsection (5) there is substituted—

“(5) Nothing in this section shall prevent the appointment of a person who is not a member of a local education authority as a voting member of—

(a) any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,

(b) any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or

(c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,

where that appointment is required by directions given by the Secretary of State under section 297 of the Education Act 1993 (power of Secretary of State to direct appointment of members of committees).”,

(c) subsection (6) is omitted, and

(d) in subsection (7) for “education committee or sub-committee of an education committee” there is substituted “ committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection ”.

157 In Schedule 1 to that Act (political balance on local authority committees) in paragraph 4—

(a) in sub-paragraph (1)—

(i) the definition of “education committee” is omitted, and

(ii) in paragraph (a) of the definition of “ordinary committee”, “education committee, their” is omitted, and

(b) in sub-paragraph (2) in paragraph (a) of the definition of “ordinary committee”, “education committee or” is omitted.

158 Paragraph 98 of Schedule 11 to that Act (minor and consequential amendments) is omitted.

The Planning (Consequential Provisions) Act 1990 (c. 11) E+W

159 Paragraph 78 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (consequential amendments) is omitted.

Valid from 01/09/1994

The National Health Service and Community Care Act 1990 (c. 19) E+W+S

160 Paragraph 22 of Schedule 9 to the National Health Service and Community Care Act 1990 (minor and consequential amendments) is omitted.

The School Teachers’ Pay and Conditions Act 1991 (c. 49) E+W

161 In section 2 of the School Teachers’ Pay and Conditions Act 1991 (orders relating to statutory conditions of employment), in subsections (6) and (7) for “section 3” there is substituted “ sections 3 and 3A ”.

The Diocesan Boards of Education Measure 1991 (1991 No. 2) E

162 The Diocesan Boards of Education Measure 1991 is amended as follows.

163 In section 3 (transactions for which advice or consent of Diocesan Board required)—

(a) in subsection (4) for the words from “by a resolution” to the end there is substituted “to hold a meeting to consider whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, it shall—

(a) give to the secretary of the Board for the diocese in which the school is situated at least seven days’ notice that such a meeting is to be held at such time and place as is specified in the notice, and

(b) have regard to any relevant advice given by the Board, when considering at the meeting whether to hold a ballot of parents on that question,

and in paragraph (b) above, “relevant advice” means advice given in connection with the acquisition of grant-maintained status for the school whether given for the purposes of that school or for Church of England voluntary schools generally ”,

(b) in subsection (5) for “89 of the 1988 Act” there is substituted “ 96 of the Education Act 1993 ”, and

(c) in subsection (6) “or (4)” is omitted.

Commencement Information

I27 Sch. 19 para. 163 wholly in force at 1.4.1994; Sch. 19 para. 163 not in force at Royal Assent see s. 308(3); Sch. 19 para. 163(a)(c) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 163(b) in force at 1.4.1994 by S.I. 1994/507, art. 4, sch. 2

164 In section 5 (proposals for acquisition of grant-maintained status)—

(a) for “subsection (5) of section 62 of the 1988 Act” there is substituted “ paragraph 2 of Schedule 3 to the Education Act 1993 ”, and

(b) for “the advice given by the Board under section 3(4) above” there is substituted “ any relevant advice (defined in section 3(4) above) given by the Board ”.

165 In section 6(2) (Board to be consulted in certain cases) for “102 of the 1988 Act” there is substituted “ 136 of the Education Act 1993 ”.

166 In section 7(3) (powers of Board to give directions to governing bodies of aided church schools) for “1988” there is substituted “ 1993 ”.

167 In section 10 (interpretation)—

(a) for the definition of “church school” in subsection (1) there is substituted—

““church school” means—

(a) a Church of England voluntary school,

(b) a grant-maintained school which was such a voluntary school immediately before it became grant-maintained,

(c) a grant-maintained school established in pursuance of proposals published under section 49 of the Education Act 1993 where either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to that Act provides for religious education at the school to accord with the faith and practice of the Church of England, or

(d) a grant-maintained school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the faith and practice of the Church of England are approved under section 98 of that Act”, and

(b) in subsection (3)—

(i) after “the 1988 Act” there is inserted “ or the Education Act 1993 ”, and

(ii) for “that Act” there is substituted “ those Acts ”.

Commencement Information

I28 Sch. 19 para. 167 wholly in force at 1.4.1994; Sch. 19 para. 167 not in force at Royal Assent see s. 308(3); Sch. 19 para. 167(b) in force at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; Sch. 19 para. 167(a) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

The Further and Higher Education Act 1992 (c. 13) E+W

168 Section 13 of the Further and Higher Education Act 1992 (provision of further education in grant-maintained schools) is omitted.

169 Section 59(5) of that Act (changes to special schools) is omitted.

170 In section 90(1) of that Act (interpretation), in the definition of “the Education Acts”, for “1992” there is substituted “ 1993 ”.

171 In Schedule 8 to that Act (minor and consequential amendments)—

(a) paragraphs 18 and 29 are omitted, and

(b) in paragraph 62(3) after “this Act” there is inserted “ or (as the case may be) the Education Act 1993 ”.

The Local Government Finance Act 1992 (c. 14) E+W+S

172 Paragraph 58 of Schedule 13 to the Local Government Finance Act 1992 (minor and consequential amendments) is omitted.

The Education (Schools) Act 1992 (c. 38) E+W

173 (1) In section 9 of the Education (Schools) Act 1992 (schools inspection)—

(a) in subsection (3) in paragraph (e) for the words from “11(3)(a)” to the end there is substituted “ 189(1) of the Education Act 1993 (approval of independent schools for children with statements) ”,

(b) at the end of subsection (6) there is inserted “ or to the content of collective worship which falls to be inspected under section 13 ”, and

(c) in subsection (7) for “section” there is substituted “ Act ”.

(2) Schedule 2 to that Act is amended as follows.

(3) In paragraph 1, for the words from “body” (at the end of the definition of “appropriate authority”) to the end there is substituted—

““inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

“section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education. ”

(4) For “an inspection” in paragraphs 2, 3(5), 4(1), 5(1), 6 and 7 there is substituted “ a section 9 inspection ” and for “Every inspection” in paragraph 3(1) there is substituted “ Every section 9 inspection ”.

(5) For paragraph 9 there is substituted—

“9 (1) Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.

(2) Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3) If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4) The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5) Where—

(a) the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b) the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6) Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7) A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall—

(a) state his opinion, and

(b) state whether the Chief Inspector agrees or disagrees with his opinion.

(8) If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the person making the report shall state his opinion in the report.

9A (1) Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall—

(a) prepare in writing a report of the inspection and a summary of the report, and

(b) state his opinion in the report.

(2) If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3) A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4) If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall state his opinion in the report.

9B (1) The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).

(2) The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.

(3) The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—

(a) the inspector,

(b) the appropriate authority, and

(c) the Secretary of State, except in the case of a maintained nursery school.

(4) This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.

9C (1) In the case of a report of a section 9 inspection of a school, the person making it shall without delay—

(a) send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b) if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2) In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3) In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.”

(6) For paragraphs 10 and 11 there is substituted—

“10 (1) Where—

(a) a report of a section 9 inspection of a school, or

(b) a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a) such period as may be prescribed, or

(b) if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a) to the Chief Inspector,

(b) to the Secretary of State, except in the case of a maintained nursery school, and

(c) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

11 (1) This paragraph applies in circumstances where—

(a) in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c) a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2) Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3) The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5) In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—

(a) states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b) states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.”

(7) For paragraph 12 there is substituted—

“12 (1) Where an inspection of a school is required under section 9 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.

(2) Where an inspection is conducted by a member of the Inspectorate by virtue of this paragraph, this Act shall have effect (unless the context otherwise requires) in relation to the inspection as if the member of the Inspectorate were a registered inspector.

(3) If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 6(2)(b) or 7(1), that inspection shall be treated for the purposes of section 9(1) and (2) and this Part of this Schedule as if it were an inspection under section 9 and the member of the Inspectorate were a registered inspector”.

(8) In paragraph 14(4)—

(a) in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b) in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

(9) In paragraph 15(3)—

(a) in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b) in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

Commencement Information

I29 Sch. 19 para. 173 wholly in force at 1.4.1994; Sch. 19 para. 173 not in force at Royal Assent see s. 308(3); Sch. 19 para. 173 partly in force at 1.8.1993, 1.9.1993 and 1.10.1993 by S.I. 1993/1975, art. 4; Sch. 19 para. 173(1)(a) in force at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2

The Tribunals and Inquiries Act 1992 (c. 53) U.K.

174 In paragraph 15(c) of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals), for “section 58(5)(d) of the Education Reform Act 1988 (c. 40)” there is substituted “ paragraph 5(1) of Schedule 6 to the Education Act 1993 ”.

The Charities Act 1993 (c. 10) E+W

175 In Schedule 2 to the Charities Act 1993 (exempt charities) after paragraph (d) there is inserted—

“(da) the School Curriculum and Assessment Authority;”.

Extent Information

E1 Sch. 19: Act extends to England and Wales for exception see s. 308(4)(5)

Sections 303 and 307.

SCHEDULE 21 U.K. REPEALS

Commencement Information

I31 Sch. 21 partly in force; Sch. 21 not in force at Royal Assent see s. 308(3); Sch. 21 in force in relation to specified repeals: at 1.10.1993 by S.I. 1993/1975, art. 9, Sch. 1, Appendix; at 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1, Appendix; at 3.3.1994 by S.I. 1994/507, art. 2, Sch. 1 Appendix; at 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2, Appendix; at 1.9.1994 by S.I. 1994/2038, art. 3, Sch. 2, Appendix; at 1.4.1995 by S.I. 1994/1558, art. 3, Sch. , Appendix

Part I E+W+S REPEALS CONSEQUENTIAL ON PARTS II, III AND IV

Extent Information

E3 Schedule 21, Part I: extents of individual entries are in accordance with s. 308(4)(5)

Chapter	Short title	Extent of repeal
1933 c. 12.	The Children and Young Persons Act 1933.	Section 10.
1944 c. 31.	The Education Act 1944.	Sections 9(5), 37, 39 and 40.In the Eighth Schedule, the entry relating to section 10 of the Children and Young Persons Act 1933.
1948 c. 40.	The Education (Miscellaneous Provisions) Act 1948.	Section 9.
1953 c. 33.	The Education (Miscellaneous Provisions) Act 1953.	Section 10.
1967 c. 80.	The Criminal Justice Act 1967.	In Schedule 3, the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944.
1969 c. 54.	The Children and Young Persons Act 1969.	In Schedule 5, paragraphs 2 and 13.
1973 c. 16.	The Education Act 1973.	Section 1(2)(b).
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 6, the entry relating to the Education Act 1944.
1980 c. 20.	The Education Act 1980.	Sections 10 and 11.In Schedule 1, paragraph 10.
1981 c. 60.	The Education Act 1981.	The whole Act except for sections 2(1), 11(1) and 17, the definition of “principal Act” in section 20(1), sections 20(2) and (3) and 21, paragraph 1 of Schedule 2, paragraphs 3, 4, 6, 7, 8, (1) and (2)(b) and (d), 11, 12 and 14 of Schedule 3 and Schedule 4.
1986 c. 61.	The Education (No. 2) Act 1986.	In section 9(5), the “or” at the end of paragraph (a)(ii), and paragraph (b).In section 11, the “or” at the end of subsection (2)(a)(ii), subsection (2)(b), “or (b)” in subsection (2)(c) and subsection (7).Section 12(3).In section 13(2), “or (b)”.In section 65(1) the definition of “the 1981 Act”.In Schedule 2, paragraph 2(2)(b) and, in paragraph 5(2)(b), the words after “proposal”.
1988 c. 40.	The Education Reform Act 1988.	Chapter IV of Part I except for section 100(2) and (4).In section 119(2), “52(4), 89 or 92”.In section 198(1) “74”.Section 200.In section 230, the words in subsection (1) from “section 74” to “96(2)” and subsections (2), (3) and (4)(b).In section 232, in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102” and in subsection (4)(b) “52(7)”.In section 235, in subsection (1) the definition of “the 1981 Act” and, in the definition of “transfer date”, “74(9)”, in subsection (3)(b) “subject to section 75(2) of this Act”, and in subsection (5) “74”.In Schedule 1, paragraph 9.Schedule 5.In Schedule 12, paragraphs 26 to 28, 33 and 83 to 85.
1989 c. 41.	The Children Act 1989.	In Schedule 12, paragraphs 4 and 36.In Schedule 13, paragraphs 4 and 8.
1989 c. 42.	The Local Government and Housing Act 1989.	In Schedule 11, paragraph 98.
1990 c. 11.	The Planning (Consequential Provisions) Act 1990.	In Schedule 2, paragraph 78.
1990 c. 19.	The National Health Service and Community Care Act 1990.	In Schedule 9, paragraph 22.
1992 c. 13.	The Further and Higher Education Act 1992.	Section 13.Section 59(5).In Schedule 8, paragraphs 18 and 29.
1992 c. 14.	The Local Government Finance Act 1992.	In Schedule 13, paragraph 58.

Part II U.K. OTHER REPEALS

Extent Information

E4 Schedule 21, Part II: extents of individual entries are in accordance with s. 308(4)(5)

Chapter	Short title	Extent of repeal
1944 c. 31.	The Education Act 1944	Section 1(1).In section 6, the words in subsection (1) from “Subject” to “Act” and subsection (2).In section 16(1), “any county school or” and the words following “the new site”.Section 35.In section 50(1) “by them”.In paragraph (a) of the proviso to section 52(1), “by the authority”.Section 56.In section 58 “for the purposes of this Act”.Sections 102 and 103.In section 105(2), paragraph (d) and, in the words following that paragraph, “maintenance contribution”.In section 114(1), in the definition of “secondary school”, “primary or”.Parts I and II of the First Schedule.In paragraph 13(4) of the Fifth Schedule “either”.
1946 c. 50.	The Education Act 1946.	In Part II of the Second Schedule, the entry relating to section 102 of the Education Act 1944.
1948 c. 40.	The Education (Miscellaneous Provisions) Act 1948.	In the First Schedule, the entry relating to section 56 of the Education Act 1944.
1953 c. 33.	The Education (Miscellaneous Provisions) Act 1953.	Section 6(2)(a)(iii).Section 8(1).
1959 c. 60.	The Education Act 1959.	The whole Act.
1962 c. 12.	The Education Act 1962.	Section 9.
1967 c. 3.	The Education Act 1967.	Section 1.
1968 c. 17.	The Education Act 1968.	Section 3(4).In Schedule 1, paragraphs 1 and 4.
1972 c. 11.	The Superannuation Act 1972.	In Schedule 1, in the list of Other Bodies, the entries relating to the National Curriculum Council and the School Examinations and Assessment Council.
1972 c. 70.	The Local Government Act 1972	Section 101(9)(a).
1975 c. 2.	The Education Act 1975.	The whole Act.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Schedule 1, in Part III, the entry relating to membership of the School Examinations and Assessment Council.
1975 c. 65.	The Sex Discrimination Act 1975.	In section 82(1) the definition of the expression “upper limit of compulsory school age”.In paragraph 1 of Schedule 2 “in accordance with subsection (1) or (2) of that section”.
1976 c. 5.	The Education (School-leaving Dates) Act 1976.	The whole Act.
1976 c. 74.	The Race Relations Act 1976.	In section 78(1) the definition of the expression “upper limit of compulsory school age”.
1980 c. 20.	The Education Act 1980.	In section 12(3) “voluntary”.In section 13(1) “after consultation with the authority”.In section 13(3) “voluntary”.Section 14(4).In Schedule 1, in paragraph 1(2) “102”, paragraph 12, in paragraph 21 “(1) and” and paragraphs 22 and 23.In paragraph 1 of Schedule 2, in sub-paragraph (3) “or of any education committee of the authority” in each place where it occurs and in sub-paragraph (4) “or of any education committee of the authority” and “by more than one”.In Schedule 3, paragraphs 4 and 13.
1984 c. 11.	The Education (Grants and Awards) Act 1984.	In section 1(3)(b), “not exceeding 70 per cent. of the expenditure so approved”.In section 3, subsections (2) and (5) and, in subsection (3), the words “not being regulations to which subsection (2) above applies”.
1986 c. 61.	The Education (No. 2) Act 1986.	In section 5(4)(b) the words after “by the authority”.In section 23(a)(ii) and (b) “or indefinite”.Section 24(c) and (e) and, in paragraph (f), “or (c)”.Section 25(d), (e) and (f).In section 38, in subsection (4)(c) the words after “to the post” and, in subsection (6)(b), “or (4)(c)(ii)”.In section 50, in subsection (3)(c) the words “local education authorities, and other”, and subsection (4).Section 51(9) and (13).Section 54(12)(f).Section 63(4).In Schedule 2, in paragraph 7(7) the words after “by the authority”.
1988 c. 9.	The Local Government Act 1988	Section 1(1)(j).In Schedule 2, the words from “A joint education committee” to “1944”.
1988 c. 40.	The Education Reform Act 1988.	In section 14, in subsection (1), paragraph (a), the word “and” immediately following paragraph (b), paragraph (c) and the words “each of”, subsection (4) and, in subsection (5), the words “or (as the case may be) subsection (4)(g)”.In section 25(1), the definition of the expression “the Curriculum Council”.Section 42(4)(f) to (i) and (5)(b).In section 111, subsection (4) and, in subsection (5)(b), the words “provided under arrangements made by the authority”.In Schedule 2, paragraphs 1 and 9, in paragraph 10(5) the words from “and accordingly” to the end and, in paragraph 18, the words “in such form as the Secretary of State may direct with the approval of the Treasury”.In paragraph 2 of Schedule 4, sub-paragraphs (3)(b) and (c) and (4)(b) and (c).
1989 c. 41.	The Children Act 1989	Section 27(4).In section 36(8), the words from “social” to “of the”.
1989 c. 42.	The Local Government and Housing Act 1989	In section 13, subsections (2)(b) and (6).In paragraph 4 of Schedule 1, in sub-paragraph (1) the definition of “education committee” and, in paragraph (a) of the definition of “ordinary committee”, “education committee, their” and in sub-paragraph (2), in paragraph (a) of the definition of “ordinary committee”, “education committee or”.In Schedule 11, paragraph 4.
1991 No. 2.	The Diocesan Boards of Education Measure 1991	In section 3(6) “or (4)”.
1992 c. 13.	The Further and Higher Education Act 1992.	In Schedule 8, paragraphs 6 and 24(a), (c) and (d).
1993 c. 10.	The Charities Act 1993.	In Schedule 2, paragraphs (e) and (g).

SCHEDULES

Section 218.

SCHEDULE 12 E+W EDUCATION ASSOCIATIONS

Supplementary powers E+W

1 (1) Subject to sub-paragraph (2) below and to the articles of government of any school they conduct, an education association may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(c) investing sums not immediately required for the purpose of the discharge of their functions, and

(d) accepting gifts of money, land or other property.

(2) An education association shall not borrow money except money lent under section 92 of this Act.

(3) The power to dispose of land mentioned in sub-paragraph (1)(a) above—

(a) does not include power to grant any mortgage, charge or other security in respect of any land, and

(b) may only be exercised with the written consent of the Secretary of State.

Tenure of members E+W

2 (1) A person shall hold and vacate office as a member of an education association in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member of an education association.

3 If the Secretary of State is satisfied that a member of an education association—

(a) has been absent from meetings of the association for a period longer than six consecutive months without the permission of the association, or

(b) is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions E+W

4 (1) The Secretary of State may—

(a) pay to the members of an education association such salaries or fees, and such travelling, subsistence or other allowances, as he may determine, and

(b) may, as regards any member of the association in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(2) If a person ceases to be a member of an education association and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.

(3) A determination of the Secretary of State under this paragraph requires the approval of the Treasury.

Committees E+W

5 (1) An education association may establish a committee for any purpose.

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the association.

(3) Such a committee may include persons who are not members of the association.

(4) The association shall keep under review the structure of committees established by them under this paragraph and the scope of each such committee’s activities.

Delegation of functions E+W

6 An education association may authorise the chairman or any committee established by them under paragraph 5 above to exercise such of their functions as they may determine.

Proceedings E+W

7 The validity of any proceedings of an education association or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

8 Subject to the preceding provisions of this Schedule, an education association may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments E+W

9 The application of the seal of an education association shall be authenticated by the signature—

(a) of the chairman or of some other person authorised either generally or specifically by the association to act for that purpose, and

(b) of one other member.

10 Every document purporting to be an instrument made or issued by or on behalf of an education association and to be duly executed under their seal, or to be signed or executed by a person authorised by the association to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

SCHEDULES

Section 218.

SCHEDULE 12 E+W EDUCATION ASSOCIATIONS

Supplementary powers E+W

1 (1) Subject to sub-paragraph (2) below and to the articles of government of any school they conduct, an education association may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(c) investing sums not immediately required for the purpose of the discharge of their functions, and

(d) accepting gifts of money, land or other property.

(2) An education association shall not borrow money except money lent under section 92 of this Act.

(3) The power to dispose of land mentioned in sub-paragraph (1)(a) above—

(a) does not include power to grant any mortgage, charge or other security in respect of any land, and

(b) may only be exercised with the written consent of the Secretary of State.

Tenure of members E+W

2 (1) A person shall hold and vacate office as a member of an education association in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member of an education association.

3 If the Secretary of State is satisfied that a member of an education association—

(a) has been absent from meetings of the association for a period longer than six consecutive months without the permission of the association, or

(b) is unable or unfit to discharge the functions of a member,

the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions E+W

4 (1) The Secretary of State may—

(a) pay to the members of an education association such salaries or fees, and such travelling, subsistence or other allowances, as he may determine, and

(b) may, as regards any member of the association in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(2) If a person ceases to be a member of an education association and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may make to that person a payment of such amount as the Secretary of State may determine.

(3) A determination of the Secretary of State under this paragraph requires the approval of the Treasury.

Committees E+W

5 (1) An education association may establish a committee for any purpose.

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the association.

(3) Such a committee may include persons who are not members of the association.

(4) The association shall keep under review the structure of committees established by them under this paragraph and the scope of each such committee’s activities.

Delegation of functions E+W

6 An education association may authorise the chairman or any committee established by them under paragraph 5 above to exercise such of their functions as they may determine.

Proceedings E+W

7 The validity of any proceedings of an education association or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

8 Subject to the preceding provisions of this Schedule, an education association may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments E+W

9 The application of the seal of an education association shall be authenticated by the signature—

(a) of the chairman or of some other person authorised either generally or specifically by the association to act for that purpose, and

(b) of one other member.

10 Every document purporting to be an instrument made or issued by or on behalf of an education association and to be duly executed under their seal, or to be signed or executed by a person authorised by the association to act in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.