- Latest available (Revised)
- Point in Time (01/08/1994)
- Original (As enacted)
Version Superseded: 01/11/1996
Point in time view as at 01/08/1994.
There are currently no known outstanding effects for the Education Act 1993 (repealed),
SCHEDULE 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 35.
Modifications etc. (not altering text)
C1Sch. 4 modified (1.1.1994) by S.I. 1993/3103, reg. 4, Sch.3
Sch. 4 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 7
Sch. 4 applied (with modifications) (1.5.1994) by S.I. 1994/1041, reg. 18
1The functions conferred by or under paragraphs 2 to 5 below on the new governing body or any members of the body—
(a)may be exercised by them at any time during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals, but
(b)may be exercised only for the purpose of or in connection with the conduct of the school on or after the date of implementation of the proposals,
and those functions shall be exercised in accordance with any requirements of regulations (or in the case of paragraph 3 or 5 below, of the directions or order in question) as to the circumstances, manner and conditions of their exercise.
Modifications etc. (not altering text)
C2Sch. 4 paras. 1-6 applied (1.5.1994) by S.I. 1994/1041, reg. 37
2The new governing body may—
(a)enter into contracts including, in particular, contracts for the employment of teachers and other staff, and
(b)acquire and dispose of land and other property.
Modifications etc. (not altering text)
C3Sch. 4 paras. 1-6 applied (1.5.1994) by S.I. 1994/1041, reg. 37
3Any member of, or person authorised by, the new governing body, shall if the Secretary of State directs that this paragraph applies in relation to the school, be entitled to have access to and use the premises of the school.
Modifications etc. (not altering text)
C4Sch. 4 paras. 1-6 applied (1.5.1994) by S.I. 1994/1041, reg. 37
4(1)If the new governing body request the existing governing body or the local education authority in writing to provide them with such information falling within sub-paragraph (2) below as may be prescribed, the existing governing body or, as the case may be, authority shall comply with the request.
(2)Information falls within this sub-paragraph if—
(a)it is held by the existing governing body or, as the case may be, the local education authority, and
(b)it relates to the school, including persons employed to work at the school and pupils at the school.
Modifications etc. (not altering text)
C5Sch. 4 paras. 1-6 applied (1.5.1994) by S.I. 1994/1041, reg. 37
5(1)The Secretary of State may by order make such provision as he considers appropriate in connection with the school’s transition to grant-maintained status and the impending transfer of responsibility for the conduct of the school.
(2)An order under sub-paragraph (1) above may in particular provide for any provision of this Act specified in the order to have effect as if references to the governing body included the new governing body.
(3)Such an order may in particular—
(a)exclude or modify any powers of the local education authority or of the existing governing body in relation to any matter to which any power exercisable by the new governing body in accordance with any provision made by virtue of sub-paragraph (2) above applies,
(b)require the new governing body to be consulted before the local education authority or the existing governing body exercise in relation to the school any function of a description so specified or take in relation to the school any action of a description so specified, and
(c)require or enable the new governing body to participate in the exercise in relation to the school of any such function or the taking in relation to the school of any such action.
Modifications etc. (not altering text)
C6Sch. 4 paras. 1-6 applied (1.5.1994) by S.I. 1994/1041, reg. 37
6(1)The funding authority may make grants to the new governing body of a school in respect of expenditure incurred or to be incurred by that body in pursuance of any provision made by or under paragraphs 2 to 5 above in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals.
(2)The funding authority may impose on a new governing body to whom such a grant is made such requirements as they may from time to time determine (whether before, at or after the time when the grant is made).
(3)Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.
(4)That amount is—
(a)the amount of the payments made in respect of the grant, or
(b)so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
Modifications etc. (not altering text)
C7Sch. 4 paras. 1-6 applied (1.5.1994) by S.I. 1994/1041, reg. 37
7The duty of a local education authority to maintain any school shall not apply in relation to any expenses incurred by the new governing body of the school.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: