In section 2 of the Education Reform Act 1988 (the National Curriculum) in subsection (2)(c) (arrangements for assessing pupils at or near the end of each key stage) for “at or near the end” there is substituted “ in respect ”.

After section 3(5) of that Act (power of head teacher to determine key stage for a particular pupil) there is inserted—

At the end of section 3(6) of that Act (interpretation) there is added—

In section 4 of that Act (duty to establish National Curriculum by order) for subsection (5) there is substituted—

In section 117 of that Act (obligation to enter pupils for prescribed examinations), at the end of subsection (2) (exceptions) there is added “ but this subsection does not apply to an examination which is part of the assessment arrangements for key stage four and applies in the case of that pupil; and in this subsection, in relation to that pupil, “assessment arrangements” has the meaning given by section 2(2)(c) of this Act and “key stage four” means the period referred to in section 3(3)(d) of this Act ”.

In section 2(1) of the M2Education Reform Act 1988 (content of curriculum), after “school” in paragraph (a) there is inserted—

In section 114(1) of the M3Education Act 1944 (interpretation), after the definition of “Senior pupil” there is inserted—

After section 17 of the Education Reform Act 1988 there is inserted—

In relation to any county, or controlled, secondary school, and in relation to any pupils who are provided with secondary education in a maintained special school, section 18 of the M4Education (No. 2) Act 1986 (policy for curriculum in county etc. schools), shall have effect with the omission of subsections (2) and (6)(c)(i) and of the references to the matters mentioned in subsection (2) of that section.

Where the Secretary of State proposes, at any time on or after 1st September 1996, to make such an order or such regulations, this section applies in relation to the proposals if arrangements under this section for consultation about the proposals were made before that date.

Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following sections of this Act: 38 (taken with section 198 of, and Schedule 10 to, the M8Education Reform Act 1988), 116(3) and (4), 226(1) and 247.

Subject to subsection (5) below, stamp duty shall not be chargeable in respect of any transfer to a funding authority under or by virtue of section 114 or 225(3) of this Act.

No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsections (1) to (4) above shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M9Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M10Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

The Secretary of State shall publish any guidance given by him for the purposes of any of the provisions mentioned in subsection (2) below in such manner as he thinks fit.

Those provisions are sections 28, 48, 49, 96(3), 97(4), 104(2), 105(4) and 184(1) of this Act.

Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.

For the purposes of subsection (1) above the excepted provisions are sections 9, 12, 39, 57, 70, 111, 136, 150, 191, 225, 232, 233 and 295, the definition of “Church in Wales school” in section 305 and paragraph 5 of Schedule 4 and paragraph 3 of Schedule 11.

A statutory instrument containing any order or regulations under this Act, other than under section 218, 220, 226, 247(5), 248(8) or 308, or paragraph 1(4) of Schedule 3, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

No regulations shall be made under paragraph 1(4) of Schedule 3 to this Act unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

Orders or regulations under this Act made by the Secretary of State, and orders made by the funding authority under section 57, 70 or 136 of this Act or paragraph 5 of Schedule 4 to this Act, may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the person making the order or regulations thinks fit.

Section 111 of the M5Education Act 1944 (revocation and variation) applies to directions given by the funding authority under this Act as it applies to directions given under that Act.

Any reference, whether express or implied, in this Act or any other enactment, instrument or document to a provision of Parts II to IV of this Act is to be read, in relation to the times, circumstances or purposes in relation to which a corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.

Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments is to be read, in relation to the times, circumstances or purposes in relation to which a corresponding provision of Parts II to IV of this Act has effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.

Any reference in any provision of the Education Acts to a funding authority, in relation to any function which, under a corresponding provision of the repealed enactments, was exercisable by the Secretary of State is to be read, in relation to the times, circumstances or purposes in relation to which the corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as a reference to the Secretary of State.

In this section, “the repealed enactments” means the enactments specified in Part I of Schedule 21 to this Act.

In section 14(5) of the M11Further and Higher Education Act 1992 (“school” means an institution providing primary or secondary education, whether or not it also provides further education, etc.) before “further education” there is inserted “ part-time education suitable to the requirements of junior pupils ”.

In the definition of “primary school” in section 114(1) of the M12Education Act 1944 (“primary school” means, subject to regulations under section 1 of the M13Education Act 1964, a school for providing primary education, whether or not it also provides further education) before “further education” there is inserted “ part-time education suitable to the requirements of junior pupils or ”.

In this Act—

• “alterations”, in relation to any school premises, includes improvements, extensions and additions and “alter” shall be read accordingly,

• “Church in Wales school” means a school in the Province of Wales in which the religious education provided is provided in accordance with the faith and practice of the Church in Wales and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese,

• “Church of England school” means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated,

• “contract of employment”, “employee” and “employer” have the same meaning as in the M6Employment Protection (Consolidation) Act 1978, and “employed” means employed under a contract of employment,

• “financial year” means a period of twelve months ending with 31st March,

• “functions” includes powers and duties,

• “land” includes buildings and other structures, land covered with water, and any interest in land,

• “liability” includes obligation,

• “local authority” means a county council F1county borough council, a district council, a London borough council or the Common Council of the City of London,

• “local education authority”—

  1. a

     in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and

  2. b

     in relation to a grant-maintained school, means the local education authority for the area in which the school is situated,

• “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital,

• “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly,

• “prescribed” means prescribed by regulations,

• “regulations” means regulations made by the Secretary of State, and

• “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.

References in this Act to an interest in land include any easement, right or charge in, to or over land.

This Act shall be construed as one with the M7Education Act 1944; but where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that Act shall not apply for the purposes of that provision.

Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority”, the Secretary of State shall consult the bishop for the diocese.

Schedule 19 to this Act (which makes minor and consequential amendments) shall have effect.

Schedule 20 to this Act (which makes transitional provisions and savings) shall have effect.

The enactments mentioned in Schedule 21 to this Act are repealed to the extent mentioned in the third column.

This Act may be cited as the Education Act 1993.

The Education Acts 1944 to 1992 and this Act may be cited together as the Education Acts 1944 to 1993 (referred to in this Act as “the Education Acts”).

This Act (other than sections 240, 301 to 303, 305, 306 and this section) shall come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different provisions and for different purposes.

Subject to subsection (5) below, this Act extends to England and Wales only.

The amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.