Nursery Education and Grant-Maintained Schools Act 1996

Section 10.

SCHEDULE 3 Consequential amendments

The Education Act 1944 (c. 31)

1 In section 76 of the Education Act 1944 (duty to have regard in exercise of functions under Education Acts to principle that pupils be educated in accordance with wishes of their parents), for “1993” substitute “1996”.

The Education (Miscellaneous Provisions) Act 1948 (c. 40)

2 In section 4 of the Education (Miscellaneous Provisions) Act 1948 (provisions about children becoming registered school pupils), after subsection (3) insert—

“(3A) General directions given by a local education authority as respects the time of admission of children as registered pupils shall not prevent the admission to a school of children in respect of whose education grants may be made under arrangements which have been made under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.”

The Education (Work Experience) Act 1973 (c. 23)

3 In section 1(4) of the Education (Work Experience) Act 1973 (work experience in last year of compulsory school), in the definition of “the Education Acts”, for “1993” substitute “1996”.

The Sex Discrimination Act 1975 (c. 65)

4 In section 23(1) of the Sex Discrimination Act 1975 (prohibition of sex discrimination by LEA in carrying out of functions under Education Acts), for “1993” substitute “1996”.

The Race Relations Act 1976 (c. 74)

5 In section 18(1) of the Race Relations Act 1976 (prohibition of racial discrimination by LEA in carrying out of functions under Education Acts), for “1993” substitute “1996”.

The National Health Service Act 1977 (c. 49)

6 In section 28A(2)(c) of the National Health Service Act 1977 (power to make payments to LEA), for “1993” substitute “1996”.

The Education Reform Act 1988 (c. 40)

7 In section 163(1) of the Education Reform Act 1988 (references in Education Acts to LEAs to include new LEAs for areas in inner London), for “1993” substitute “1996”.

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

8 In section 90(1) of the Further and Higher Education Act 1992 (interpretation), in the definition of “the Education Acts”, for “1994” substitute “1996”.

The Local Government Finance Act 1992 (c. 14)

9 (1) Section 55 of the Local Government Finance Act 1992 (limitation of council tax: special transitional provisions where local authority’s budget requirement for financial year is to be compared with notional amount rather than authority’s budget requirement for preceding financial year) is amended as follows.

(2) In subsection (1), after paragraph (c) insert “or

(d) as regards any financial year to which this paragraph applies and any authority to which grants are made under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.”

(3) After that subsection insert—

“(1A) Subsection (1)(d) above applies to—

(a) the first financial year in which grants are made to any authority under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996,

(b) either or both of the next two financial years if, in the opinion of the Secretary of State, the basis of comparison referred to in section 54(1)(b) above would be inappropriate for the year in the case of the authority concerned because of a change in the basis of distribution (within the meaning of section 78A(2) of the 1988 Act) which is related to the making of grants under such arrangements, and

(c) any financial year in which grants are first made under such arrangements in respect of education provided for a particular description of children.”

The Education Act 1993 (c. 35)

10 In section 17(2) of the Education Act 1993 (power of Secretary of State to delegate functions to funding authorities), after paragraph (a) insert—

“(aa) section 68(6) (consent to borrowing),”.

11 In section 130(2) of that Act (transfer of premises to trustees), for “section 68(7)(b)” substitute “section 68(7)”.

12 In section 162 of that Act (provision by local education authority of goods and services in connection with special educational needs), after subsection (2) insert—

“(2A) A local education authority may supply goods or services to any authority or other person (other than a governing body within subsection (1) above) for the purpose only of assisting them in making for any child in respect of whose education grants are (or are to be) made under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996 any special educational provision which any learning difficulty of the child calls for.”

13 In section 305(1) of that Act (interpretation), before the definition of “financial year” insert—

• ““the Education Acts” means the Education Acts 1944 to 1996,”.

14 In section 306 of that Act (index), before the entry relating to “financial year” insert—

“the Education Acts

section 305(1)”.

The Value Added Tax Act 1994 (c. 23)

15 In Note (1)(a) to Group 6 of Schedule 9 to the Value Added Tax Act 1994 (meaning of “school” for purposes of determining whether provision of education is an exempt supply), for “1993” substitute “1996”.