Education Act 1996

Education Reform Act 1988 (c. 40)

70 In section 124(2)(b) of the Education Reform Act 1988 (powers of a higher education corporation) for “within the meaning of section 41(9) of the Education Act 1944)” there is substituted “, as defined by section 15(6) and (7) of the Education Act 1996)”.

71 In section 161(1)(b)(i) of that Act (interpretation of Part II) for “section 41 of the 1944 Act” there is substituted “section 15 of the Education Act 1996”.

72 In section 163(1) of that Act (new education authorities for London) for “the Education Acts 1944 to 1996” there is substituted “the Education Act 1996”.

73 In section 166(5) of that Act (responsibility for schools) for “the Education Acts 1944 to 1993” there is substituted “the Education Act 1996”.

74 (1) Section 197 of that Act (Education Assets Board) shall be amended as follows.

(2) In subsection (6), for “the Education Acts 1944 to 1993” there is substituted “the Education Acts”.

(3) Subsection (7) shall continue to have effect with the insertion of the words “and any governing body of a maintained or grant-maintained school” (originally inserted by section 47(5) of the [1993 c. 35.] Education Act 1993); and in that subsection for “the Education Acts 1944 to 1993” there is substituted “the Education Acts”.

(4) In subsection (7B), for “the Education Acts 1944 to 1992” there is substituted “the Education Acts”.

(5) At the end of the section there is added—

“(10) In this section “the Education Acts” has the meaning given by section 578 of the Education Act 1996.”

75 In section 198 of that Act (transfers under Parts I and II)—

(a) in subsection (1), for “or section 38 of the Education Act 1993” there is substituted “or section 201 of the Education Act 1996”; and

(b) in subsection (4), for “or under the Education Act 1993”, in both places, there is substituted “or under the Education Act 1996”.

76 (1) Section 218 of that Act (school and further and higher regulations)—

(a) shall be amended as provided in sub-paragraphs (2) to (5); and

(b) shall continue to have effect with the amendments set out in sub-paragraph (6) (originally made by section 290 of the Education Act 1993).

(2) In subsection (1) the following are omitted—

(a) in paragraphs (e) and (f), the words “schools and”; and

(b) paragraph (g).

(3) For subsection (2B) (renumbered by paragraph 8(4) of Schedule 2 to the [1994 c. 40.] Education Act 1994) there is substituted—

“(2B) Regulations under subsection (2) above may impose requirements on persons carrying on city technology colleges or city colleges for the technology of the arts as to the training and teaching experience of persons employed as teachers at such colleges who seek to become (in relation to schools) qualified teachers.”

(4) In subsection (7), the following are omitted—

(a) the words from “or, in such cases” to “the funding authority”; and

(b) the words “school or” (where first occurring) and “any school or”.

(5) Subsections (8) and (13) are omitted.

(6) The amendments referred to in sub-paragraph (1)(b) are—

(a) after subsection (6)(c) there is added “or

(d) by the proprietors of independent schools or at such schools as teachers or in any such work,”; and

(b) in subsection (12) after “section” there is inserted “other than in subsection (6)(d) above”.

77 For section 219 of that Act there is substituted—

“219 Powers of the Secretary of State in relation to certain educational institutions

(1) This section applies to any institution which is maintained by a local education authority and provides higher education or further education (or both).

(2) Section 495(1) of the Education Act 1996 (determination of disputes by the Secretary of State) shall apply in relation to the governing body of an institution to which this section applies as it applies in relation to the governing body of a school.

(3) Each of sections 496 and 497 of that Act (power of Secretary of State to prevent unreasonable exercise of functions and Secretary of State’s general default powers) shall have effect as if any reference to a body to which that section applies included a reference to the governing body of an institution to which this section applies.

(4) Section 498 of that Act (powers of Secretary of State where there is no properly constituted governing body) shall have effect as if any reference to a school to which that section applies included a reference to an institution to which this section applies.”

78 (1) Section 220 of that Act (extension of functions of Audit Commission) shall continue to have effect with the following amendments (originally made by section 10 of the [1993 c. 35.] Education Act 1993).

(2) At the beginning of subsection (1)(c) there is inserted “the Funding Agency for Schools, the Schools Funding Council for Wales or”.

(3) After subsection (2)(bb) there is inserted—

“(bc) with respect to studies relating to the Funding Agency for Schools, the agency;

(bd) with respect to studies relating to the Schools Funding Council for Wales, the council;”.

(4) In subsection (2)(c) after “school,” there is inserted “the funding authority or”.

79 In section 228 of that Act (transfer of property to grant-aided institutions in Wales), in subsection (2)(a), for “section 100(1)(b) of the 1944 Act” there is substituted “section 485 of the Education Act 1996”.

80 In section 232 of that Act (orders and regulations)—

(a) in subsection (2), for the words from “sections” to “Schedule 5” there is substituted “section 157”;

(b) subsection (3) is omitted; and

(c) in subsection (4), “3(4)(a), 4(2)(c), 24,” is omitted.

81 (1) Section 235 of that Act (general interpretation) shall be amended as follows.

(2) In subsection (1) the definition of “the 1980 Act” is omitted.

(3) In subsection (2)(c), after “1944 Act” there is inserted “or section 485 of the Education Act 1996”.

(4) In subsections (7) and (8), for “the 1944 Act” in each place there is substituted “the Education Act 1996”.

82 (1) Schedule 10 to that Act (supplementary provisions with respect to transfers)—

(a) shall continue to have effect with the amendments set out in sub-paragraph (2) (originally made by section 47 of the [1993 c. 35.] Education Act 1993); and

(b) shall be amended as provided in sub-paragraph (3).

(2) The amendments mentioned in sub-paragraph (1)(a) are as follows—

(a) in paragraph 1(1) of the Schedule, after “held” there is inserted “or used”;

(b) in paragraph 4(1) of the Schedule, for “by virtue of section 126 or 130” there is substituted “to which this Schedule applies”; and

(c) for “local education authority”, wherever occurring in the Schedule, there is substituted “local authority”.

(3) In the Schedule—

(a) in paragraph 1(4)(a)(i), for “or under the Education Act 1993” there is substituted “or under the Education Act 1996”;

(b) in paragraph 2(1)(b), for “or of the Education Act 1993” there is substituted “or of the Education Act 1996”;

(c) in paragraph 5, for “or of the Education Act 1993” there is substituted “or of the Education Act 1996”;

(d) in paragraph 7, for “or of the Education Act 1993” there is substituted “or of the Education Act 1996”; and

(e) in paragraph 9(6)(b), for “or of the Education Act 1993” there is substituted “or of the Education Act 1996”.