Education Act 1996

Construction of pre-1944 Act references

3 Where immediately before the commencement of this Act any reference in any enactment, instrument or document had effect as if it were a reference to the Secretary of State or the Department for Education and Employment by virtue of the operation of section 2(1) of the [1944 c. 31.] Education Act 1944 and any order made under the Ministers of the [1975 c. 26.] Crown Act 1975, it shall continue to do so despite the repeal of that provision by this Act.

4 (1) This paragraph applies to enactments passed before 1st April 1945.

(2) Unless the context otherwise requires any such enactment shall be construed as if—

(a) any reference to an elementary school or to a public elementary school (whether or not any reference is made there to the payment of parliamentary grants in respect of the school) were a reference to a county school or voluntary school, as the context may require;

(b) any reference to a school certified by the Board of Education, in accordance with the provisions of Part V of the [1921 c. 51.] Education Act 1921, as suitable for providing education for blind, deaf, defective or epileptic children were a reference to a special school;

(c) any reference to the managers of a school, in relation to a county school or voluntary school, were a reference to the governors (or, if the context so requires, the governing body) of the school;

(d) any reference to elementary education or to higher education were a reference to such education as may be provided by a local education authority in the exercise of their functions under sections 13 to 15 of this Act; and

(e) any reference to a local education authority, to a local education authority for elementary education or to a local education authority for higher education were a reference to a local education authority within the meaning of this Act.