Sections 1 and 4.
1E+WThe Chief Inspector may, with the approval of [F1the Minister for the Civil Service or (in the case of the Chief Inspector for Wales) the National Assembly for Wales] as to numbers and terms and conditions of service, appoint such staff, in addition to Inspectors who are members of his staff by virtue of section 1(3) or (as the case may be) 4(3) of this Act, as he thinks fit.
Textual Amendments
F1Words in Sch. 1 para. 1 substituted (1.10.2002 (E.) and 19.12.2002 (W.)) by Education Act 2002 (c. 32), ss. 188, 216(4), Sch. 16 para. 9(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2; S.I. 2002/3185, art. 4
2(1)The Chief Inspector may arrange for such persons as he thinks fit to assist him in the discharge of any of his functions in relation to a particular case or class of case.E+W
(2)Any person assisting the Chief Inspector under any such arrangements shall be known as an additional inspector.
(3)Any arrangements which provide for assistance by persons who are not members of the Chief Inspector’s staff shall be made on terms agreed by him with [F2the Minister for the Civil Service or (in the case of the Chief Inspector for Wales) the National Assembly forWales]
(4)An additional inspector acting within the authority conferred on him by the Chief Inspector shall have all the powers of an Inspector.
Textual Amendments
F2Words in Sch. 1 para. 2(3) substituted (1.10.2002 (E.) and 19.12.2002 (W.)) by Education Act 2002 (c. 32), ss. 188, 216(4), Sch. 16 para. 9(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 2; S.I. 2002/3185, art. 4
3(1)There shall be paid to the Chief Inspector such remuneration, and such travelling and other allowances, as the Secretary of State may determine.E+W
(2)In the case of any such Chief Inspector as may be determined by the Secretary of State, there shall be paid—
(a)such pension, allowance or gratuity to or in respect of him, or
(b)such contributions or payments towards provision for such a pension, allowance or gratuity,
as may be so determined.
(3)If, when any person ceases to hold office as Chief Inspector, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him such sum by way of compensation as may be determined by the Secretary of State.
(4)Any determination of the Secretary of State under this paragraph requires the approval of the Minister for the Civil Service.
(5)Any determination made under this paragraph with respect to one Chief Inspector may be different from any corresponding determination made with respect to the other Chief Inspector.
Modifications etc. (not altering text)
C1Sch. 1 para. 3: transfer of functions (16.2.2000) by S.I. 2000/253, arts. 1(2), 2, Sch. 1
4E+WThe Chief Inspector shall have an official seal for the authentication of documents required for the purposes of his functions.
5(1)Anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector for England may be done by—E+W
(a)any of Her Majesty’s Inspectors of Schools in England,
(b)any other member of his staff, or
(c)any additional inspector,
who is authorised generally or specially in that behalf by the Chief Inspector for England.
(2)Anything authorised or required by or under this Part of this Act or any other enactment to be done by the Chief Inspector for Wales may be done by—
(a)any of [F3Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru],
(b)any other member of his staff, or
(c)any additional inspector,
who is authorised generally or specially in that behalf by the Chief Inspector for Wales.
(3)Without prejudice to the generality of sub-paragraph (1) or (2), the references to the Chief Inspector in—
(a)section 2(8) or (9), or
(b)section 5(8) or (9),
include references to any person authorised to act on his behalf [F4under sub-paragraph (1) or (2)] (as the case may be).
Textual Amendments
F3Words in Sch. 1 para. 5(2) substituted (1.1.2001) by 2000 c. 21, s. 73(b); S.I. 2000/3230, art. 2, Sch.
F4Words in Sch. 1 para. 5(3) substituted (1.9.1997) by 1997 c. 44, s. 42, Sch. 6 para. 9; S.I. 1997/1468, art. 2, Sch. 1 Pt. II
6U.K.The M1Documentary Evidence Act 1868 shall have effect, in relation to the Chief Inspector for England and in relation to the Chief Inspector for Wales, as if—
(a)he were included in the first column of the Schedule to that Act;
(b)he and any person authorised to act on his behalf were mentioned in the second column of that Schedule, and
(c)the regulations referred to in that Act included any document issued by him or by any such person.
Marginal Citations
Section 9.
1(1)A tribunal constituted to hear an appeal under section 9 of this Act (“a tribunal) shall consist of—E+W
(a)a Chairman appointed by the Lord Chancellor; and
(b)two other members appointed by the Secretary of State.
(2)To be qualified for appointment as Chairman of a tribunal, a person must have a 7 year general qualification (within the meaning of section 71 of the M2Courts and Legal Services Act 1990).
(3)A person shall not be appointed after the day on which he attains the age of 70 to be the Chairman of a tribunal.
Marginal Citations
2(1)The Secretary of State may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, tribunals.E+W
(2)The regulations may, in particular, make provision—
(a)as to the period within which, and manner in which, appeals must be brought;
(b)for the holding of hearings in private in prescribed circumstances;
(c)as to the persons who may appear on behalf of the parties;
(d)for enabling hearings to be conducted even though a member of the tribunal, other than the Chairman, is absent;
(e)as to the disclosure by the appellant, and others, of documents and the inspection of documents;
(f)requiring persons to attend the proceedings and give evidence;
(g)as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f);
(h)authorising the administration of oaths to witnesses;
(i)as to the withdrawal of appeals;
(j)as to costs and expenses incurred by any party to the proceedings; and
(k)authorising preliminary or incidental matters in relation to an appeal to be dealt with by the Chairman of the tribunal hearing that appeal.
Modifications etc. (not altering text)
C2Sch. 2 para. 2 applied (1.10.1998) by 1998 c. 31, s. 122, Sch. 26 para. 10(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I
3E+WThe Secretary of State may, with the consent of the Treasury, make such provision as he thinks fit for—
(a)the allocation of staff for any tribunal;
(b)the remuneration of members of tribunals and the reimbursement of their expenses;
(c)defraying any reasonable expenses incurred by any tribunal.
Modifications etc. (not altering text)
C3Sch. 2 para. 3 applied (1.10.1998) by 1998 c. 31, s. 122, Sch. 26 para. 10(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I
Section 10.
1E+WIn this Schedule—
[F5“appropriate authority means—
in relation to a community, foundation or voluntary or community or foundation special school [F6or a maintained nursery school] , the school’s governing body or, if the school does not have a delegated budget within the meaning of section 49 of the School Standards and Framework Act 1998, the local education authority;
[F7in relation to a maintained nursery school, the local education authority;]
in the case of a school falling within paragraph (d), F8..., (f) or (g) of section 10(3), the proprietor of the school;]
“inspection means an inspection under section 10.
Textual Amendments
F5Sch. 3 para. 1: definition “appropriate authority" substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.203 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1
F6Words in Sch. 3 para. 1 inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 67(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
F7Words in Sch. 3 para. 1 repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 67(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
F8Word in Sch. 3 para. 1 repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III
Modifications etc. (not altering text)
C4Sch. 3 para. 1 modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(b)
[F92(1)Before entering into any arrangement for an inspection, the Chief Inspector shall invite tenders from at least two persons who can reasonably be expected to tender for the proposed inspection and to do so at arm’s length from each other, and each of whom is either—E+W
(a)a registered inspector, or
(b)a person who the Chief Inspector is satisfied would, if his tender were successful, arrange with a registered inspector for the inspection to be carried out.
(2)Before an inspection takes place the Chief Inspector shall consult the appropriate authority about the inspection.]
Textual Amendments
F9Sch. 3 para. 2 substituted (1.9.1997) by 1997 c. 44 s. 42, Sch. 6 para.10; S.I. 1997/1468, art. 2, Sch. 1 Pt.II
3[F10(1)Every inspection shall be conducted by a registered inspector with the assistance of a team (an “inspection team”); and no person shall act as a member of an inspection team unless—E+W
(a)he is enrolled in the list kept by the Chief Inspector under paragraph 3A; or
(b)he is a member of the Inspectorate and (if he is not the Chief Inspector) is authorised so to act by the Chief Inspector.]
(2)It shall be the duty of the registered inspector to ensure that—
(a)at least one member of the inspection team is a person—
(i)without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity); and
(ii)whose primary function on the team is not that of providing financial or business expertise; and
(b)no member of the inspection team falls within a category of person prescribed for the purposes of this sub-paragraph.
(3)Otherwise, the composition of the inspection team shall be determined by the registered inspector, subject to his complying with any condition imposed under section 7(5)(c).
(4)Any experience of a kind mentioned in sub-paragraph (2)(a) which it is reasonable to regard as insignificant, having regard to the purposes of sub-paragraph (2), may be ignored by the registered inspector.
(5)It shall be the duty of the registered inspector to ensure that no person takes any part in an inspection if he has, or has at any time had, any connection with—
(a)the school in question,
(b)any person who is employed at the school,
(c)any person who is a member of the school’s governing body, or
(d)the proprietor of the school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that school.
Textual Amendments
F10Sch. 3 para. 3(1) substituted (19.12.2002 for W., 1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 16 para. 5 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 4
Textual Amendments
F11Sch. 3 para. 3A and crossheading inserted (1.10.1998) by 1998 c. 31, s. 135, Sch. 28 Pt. I para. 4(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, arts. 2, Sch. 1 Pt.I (with Sch. 2 Pt. I para. 5)
F123A[F13(1)The Chief Inspector shall keep a list of persons who may act as members of an inspection team by virtue of paragraph 3(1)(a)(“the list”).]E+W
(2)The Chief Inspector shall not enrol any person in the list unless, having regard to any conditions that he proposes to impose under section 7(5)(c) (as it applies in accordance with sub-paragraph (4) below), it appears to him that that person—
(a)is a fit and proper person for carrying out an inspection, and
(b)will be capable of assisting in an inspection competently and effectively.
(3)An application for enrolment in the list shall (except in such circumstances as may be prescribed) be accompanied by the prescribed fee.
(4)Subsections (5) to (9) of section 7 shall apply in relation to the enrolment of a person in the list and to acting as a member of an inspection team as they apply in relation to the registration of a person under subsection (1) or (2) of that section and to acting as a registered inspector.
(5)Sections 8 and 9 and Schedule 2 shall (with any necessary modifications) apply in relation to enrolment in the list and to a person so enrolled as they apply in relation to registration under section 7(1) or (2) and to a person so registered.
(6)In its application to an enrolled person in accordance with sub-paragraph (5) above, section 8 shall have effect as if the conditions mentioned in subsection (2) of that section were that—
(a)that person is no longer a fit and proper person to act as a member of an inspection team;
(b)he is no longer capable of assisting in an inspection competently and effectively;
(c)there has been a significant failure on his part to comply with any condition imposed under section 7(5)(c) (as it applies in accordance with sub-paragraph (4) above).
(7)Without prejudice to the generality of paragraph 2(1) of Schedule 2, regulations under that provision may provide that, where a person is appealing simultaneously—
(a)against a decision of the Chief Inspector relating to that person’s registration, and
(b)against a decision of the Chief Inspector relating to that person’s enrolment in the list,
both appeals are to be heard at the same time.]
Textual Amendments
F12Sch. 3 para. 3A inserted (1.10.1998) by 1998 c. 31, s. 135, Sch. 28 Pt. I para. 4(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I
F13Sch. 3 para. 3A(1) substituted (19.12.2002 for W., 1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 16 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 4
4(1)No person shall conduct an inspection of a school in England, or act as a member of an inspection team for such a school, unless he has, in the opinion of the Chief Inspector for England, satisfactorily completed a course of training provided by, or complying with arrangements approved by, that Chief Inspector.E+W
(2)Where the Chief Inspector for England provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
(3)Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for England.
5(1)No person shall conduct an inspection of a school in Wales, or act as a member of an inspection team for such a school, unless he has, in the opinion of the Chief Inspector for Wales, satisfactorily completed a course of training provided by, or complying with arrangements approved by, that Chief Inspector.E+W
(2)Where the Chief Inspector for Wales provides such training he may charge such fees as are reasonable for the purpose of recovering the whole, or part, of the cost of providing it.
(3)Sub-paragraph (1) shall not apply in such circumstances as may be specified, either generally or in relation to a particular case or class of case, by the Chief Inspector for Wales.
6E+WWhere an inspection is arranged, the appropriate authority for the school concerned shall—
(a)take such steps as are reasonably practicable to notify—
(i)the parents of registered pupils at the school, and
(ii)such other persons as may be prescribed,
of the time when the inspection is to take place; and
(b)arrange a meeting, in accordance with such provisions as may be prescribed, between the inspector conducting the inspection and those parents of registered pupils at the school who wish to attend.
7E+W[F14(1)]A registered inspector conducting an inspection, and the members of his inspection team, shall have at all reasonable times—
(a)a right of entry to the premises of the school concerned; and
(b)a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he requires for the purposes of the inspection.
[F15(2)Where—
(a)pupils registered at the school concerned are, by arrangement with another school, receiving part of their education at the other school, and
(b)the inspector is satisfied that he cannot properly discharge his duty under section 10(5) in relation to the school concerned without inspecting the provision made for those pupils at that other school,
sub-paragraph (1) shall apply in relation to that other school as it applies in relation to the school concerned.]
[F16(3)A registered inspector conducting an inspection of a school, and the members of his inspection team, shall also have at all reasonable times—
(a)a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by the school, any pupils who—
(i)are registered at the school, and
(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,
are receiving part of their education from any person (“the provider”);
(b)a right of entry to any premises of the provider used in connection with the provision by him of that education; and
(c)a right to inspect and take copies of—
(i)any records kept by the provider relating to the provision of that education, and
(ii)any other documents containing information so relating,
which the inspector or (as the case may be) member of the team requires for the purposes of the inspection.]
Textual Amendments
F14Sch. 3 para. 7 renumbered as s. 7(1) (1.9.1997) as Sch. 3 para. 7(1) by 1997 c. 44, s. 42, Sch. 6 para. 12(1); S.I. 1997/1468, art. 2, Sch. 1 Pt. II
F15Sch. 3 para. 7(2) inserted (1.9.1997) by 1997 c. 44, s. 42, Sch. 6 para. 12(2); S.I. 1997/1468, art. 2, Sch. 1 Pt.II
F16Sch. 3 para. 7(3) inserted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 179(6), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
8(1)It shall be an offence wilfully to obstruct—E+W
(a)a registered inspector, or
(b)a member of an inspection team,
in the exercise of his functions in relation to an inspection of a school.
(2)Any person guilty of an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Section 23.
1E+WIn this Schedule—
“inspection means an inspection of a school under section 23; and
“inspector means the person conducting the inspection.
2(1)An inspection shall be carried out within such period as may be prescribed.E+W
(2)When an inspection has been completed, the inspector shall, before the end of the prescribed period, prepare in writing a report of the inspection and a summary of the report.
(3)The inspector shall, without delay, send the report and summary to the governing body for the school concerned.
(4)The governing body shall—
(a)make any such report and its accompanying summary available for inspection by members of the public, at such times and at such a place as may be reasonable;
(b)provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one; and
(c)take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school—
(i)for whom the school provides denominational education, or
(ii)who takes part in acts of collective worship the content of which falls to be inspected under section 23,
as the case may be, receives a copy of the summary as soon as is reasonably practicable.
3(1)The governing body to whom an inspector has reported under this Schedule shall, before the end of the prescribed period, prepare a written statement (“the action plan) of the action which they propose to take in the light of his report and the period within which they propose to take it.E+W
(2)Where an action plan has been prepared by a governing body, they shall, before the end of the prescribed period, send copies of it to the person who appoints the school’s foundation [F17governors, to the local education authority and to such]other persons (if any), in such circumstances, as may be prescribed.
(3)The governing body shall—
(a)make any action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable;
(b)provide a copy of the plan, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one; and
(c)take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school—
(i)for whom the school provides denominational education, or
(ii)who takes part in acts of collective worship the content of which falls to be inspected under section 23,
as the case may be, receives a copy of the plan as soon as is reasonably practicable.
(4)Where the governing body of a school have prepared an action plan, they shall include in their governors’ report a statement of the extent to which the proposals set out in the plan have been carried into effect.
(5)In sub-paragraph (4) “governors’ report[F18means the governors’ report under section 30 of the Education Act 2002] .
(6)Sub-paragraph (4) applies only in relation to the most recent action plan for the school in question.
Textual Amendments
F17Words in Sch. 4 para. 3(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 204(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1
F18Words in Sch. 4 para. 3(5) substituted (1.10.2002 for E., 1.9.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 68 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/1728, art. 5, Sch. Pt. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Sch. 5 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 205, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1.
Section 47(1).
Extent Information
E1Amendments in Sch. 6 are coextensive with the enactments to which they refer.
1U.K.Schedule 2 to the M4Parliamentary Commissioner Act 1967 shall continue to include the following entries (originally inserted by paragraph 8 of Schedule 1 to the Education (Schools) Act 1992)—
“Office of Her Majesty’s Chief Inspector of Schools in England.”
F20. . .
Textual Amendments
F20Entry in Sch. 6 para. 1 repealed (1.7.1999) by 1998 c. 38, s. 152, Sch. 18 Pt.I (with ss. 137(1), 139(2), 143(2)); S.I. 1999/1290, art. 4
Marginal Citations
2U.K.Part III of Schedule 1 to the M5House of Commons Disqualification Act 1975 shall continue to include the following entries (originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992)—
“Her Majesty’s Chief Inspector of Schools in England.”
“Her Majesty’s Chief Inspector of Schools in Wales.”
Marginal Citations
3U.K.Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 shall continue to include the same entries as those specified in paragraph 2 above (also originally inserted by paragraph 9 of Schedule 1 to the Education (Schools) Act 1992).
4(1)Section 226(2)(b) of the Education Reform Act 1988 (inspection of schools in other member States providing education for British children) shall continue to have effect with the following amendment (originally made by paragraph 7 of Schedule 4 to the Education (Schools) Act 1992).U.K.
(2)For the words from “school to the end of the paragraph there is substituted “ by, or under the direction of, one or more of Her Majesty’s Inspectors of Schools for England ”.
5U.K.In Schedule 1 to the Tribunals and Inquiries Act 1992, in paragraph 15 of Part I, in sub-paragraph (d) for “Schedule 3 to the Education (Schools) Act 1992 there is substituted “ Schedule 2 to the School Inspections Act 1996 ”.
6U.K.In section 26(8)(h) of the Judicial Pensions and Retirement Act 1993, for “Schedule 3 to the Education (Schools) Act 1992 there is substituted “ Schedule 2 to the School Inspections Act 1996 ”.
F217U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F21Sch. 6 para. 7 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 206, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
Section 47(2).
Extent Information
E2Repeals in Sch. 7 are coextensive with the enactments to which they refer.
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1992 c. 38. | Education (Schools) Act 1992. | The whole Act except sections 16, 17 and 21(5) and paragraphs 1 and 4 to 6 of Schedule 4. |
| 1993 c. 8. | Judicial Pensions and Retirement Act 1993. | In Schedule 6, paragraph 67. |
| 1993 c. 35. | Education Act 1993. | Part V. |
| Section 259. | ||
| Section 299 so far as relating to section 225 or 226 of the Act. | ||
| In section 306, the entries “appropriate appointing authority (in Part V), “appropriate authority (in Part V), “inspection by a member of the Inspectorate (in Part V), “member of the Inspectorate (in Part V), “section 9 inspection (in Part V), “special measures (in Part V) and “transfer date (in Part V). | ||
| Schedule 12. | ||
| In Schedule 19, paragraph 173. |
Section 47(3).
1(1)The repeal (or revocation) and re-enactment of provisions by this Act does not affect the continuity of the law.E+W
(2)Any subordinate legislation made or other thing done, or having effect as if done, under or for the purposes of any provision repealed and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.
(3)Any reference (express or implied) in this Act or any other enactment or in any instrument or document—
(a)to any provision of this Act, or
(b)to things done or falling to be done under or for the purposes of any provision of this Act,
shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference—
(i)to that corresponding provision, or
(ii)to things done or falling to be done under or for the purposes of that corresponding provision,
as the case may be.
(4)Any reference (express or implied) in any enactment or in any instrument or document—
(a)to any provision repealed and re-enacted by this Act, or
(b)to things done or falling to be done under or for the purposes of any such provision,
shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—
(i)to that corresponding provision, or
(ii)to things done or falling to be done under or for the purposes of that corresponding provision,
as the case may be.
(5)Without prejudice to the generality of sub-paragraph (4), where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.
(6)Sub-paragraphs (1) to (5) have effect instead of section 17(2) of the M6Interpretation Act 1978 (but are without prejudice to any other provision of that Act); and sub-paragraph (1) has effect subject to any amendments of the law which give effect to recommendations of the Law Commission.
Marginal Citations
2E+WAny reference to an enactment repealed by this Act which is contained in a document made, served or issued after the commencement of that repeal shall be construed, except so far as a contrary intention appears, as a reference to or (as the context may require) including a reference to the corresponding provision of this Act.
3E+WSections 2(9) and 5(9) shall not have effect in relation to anything done before they come into force.
1This Table shows the derivation of the provisions of the Bill.
2E+WThe following abbreviations are used in the Table:—
| 1992 | = Education (Schools) Act 1992 (c.38) |
| 1993 | = Education Act 1993 (c.35) |
3E+WThe abbreviation “Law Com. Rec. No. followed by a number refers to a recommendation set out in the paragraph of that number in Appendix 1 to the Report of the Law Commission (Cm.3251).
| Provision | Derivation |
|---|---|
| 1 | 1992 s.1. |
| 2(1) to (6) | 1992 s.2. |
| (7) | 1992 s.4. |
| (8) to (10) | Law Com. Rec. No.22. |
| 3 | 1992 s.3. |
| 4 | 1992 s.5. |
| 5(1) to (6) | 1992 s.6. |
| (7) | 1992 s.8. |
| (8) to (10) | Law Com. Rec. No.22. |
| 6 | 1992 s.7. |
| 7(1) to (9) | 1992 s.10. |
| (10) | Drafting. |
| 8 | 1992 s.11. |
| 9 | 1992 s.12. |
| 10(1), (2) | 1992 s.9(1), (2). |
| (3) | 1992 s.9(3); 1993 Sch.19 para.173(1)(a). |
| (4) | 1993 s.227(4). |
| (5), (6) | 1992 s.9(4), (5). |
| (7) | Drafting. |
| (8) | 1992 s.9(6); 1993 Sch.19 para.173(1)(b). |
| (9) | 1992 s.9(7); 1993 Sch.19 para.173(1)(c). |
| 11(1) | 1992 s.9(7); 1993 s.204(1), (4), Sch.19 para.173(1)(c). |
| (2) | 1993 s.204(1). |
| (3) | 1992 s.9(7); 1993 s.204(4), Sch.19 para.173(1)(c). |
| (4) | 1993 s.204(2). |
| (5) | 1992 Sch.2 para.1. |
| (6) | 1992 Sch.2 para.1; 1993 s.204(2), Sch.19 para.173(3). |
| 12(1), (2) | 1992 Sch.2 para.12(1), (2); 1993 s.205(1), (2), Sch.19 para.173(7); Law Com. Rec. No.23. |
| (3), (4) | 1992 Sch.2 para.12(3); 1993 s.205(3), Sch.19 para.173(7); Law Com. Rec. No.23. |
| 13(1) to (8) | 1992 Sch.2 para.9; 1993 s.206, Sch.19 para.173(5). |
| (9) | 1992 Sch.2 para.1; 1993 s.204(3), Sch.19 para.173(3). |
| 14 | 1992 Sch.2 para.9A; 1993 s.207, Sch.19 para.173(5). |
| 15(1), (2) | 1992 Sch.2 para.9B(1), (2); 1993 s.208(1), (2), Sch.19 para.173(5). |
| (3) | 1993 s.208(3). |
| (4) | 1992 Sch.2 para.9B(3); 1993 Sch.19 para.173(5). |
| (5) | 1992 Sch.2 para.9B(4); 1993 s.208(4), Sch.19 para.173(5). |
| 16 | 1993 s.209. |
| 17 | 1993 s.210. |
| 18 | 1993 s.211. |
| 19 | 1993 s.212. |
| 20(1) | 1992 Sch.2 para.9C(1), (3); 1993 Sch.19 para.173(5). |
| (2) | 1992 Sch.2 para.9C(2); 1993 Sch.19 para.173(5). |
| (3), (4) | 1992 Sch.2 para.9C(4), (5); 1993 Sch.19 para.173(5). |
| 21 | 1992 Sch.2 para.10; 1993 Sch.19 para.173(6). |
| 22 | 1992 Sch.2 para.11; 1993 Sch.19 para.173(6). |
| 23(1) to (4) | 1992 s.13(1) to (3A); 1993 s.259(2). |
| (5) to (7) | 1992 s.13(4) to (6). |
| (8) | 1992 s.13(7); 1993 s.259(3). |
| (9), (10) | 1992 s.13(8), (9). |
| 24 | 1992 s.14. |
| 25 | 1992 s.15. |
| 26 | 1993 s.213. |
| 27(1) to (8) | 1993 s.214(1) to (8). |
| (9) | 1993 s.204(2). |
| (10) | 1993 s.214(9). |
| 28 | 1993 s.215. |
| 29 | 1993 s.216. |
| 30 | 1993 s.217. |
| 31 | 1993 s.218. |
| 32 | 1993 s.219. |
| 33 | 1993 s.220. |
| 34 | 1993 s.221. |
| 35 | 1993 s.222. |
| 36 | 1993 s.223. |
| 37 | 1993 s.224. |
| 38 | 1993 s.225. |
| 39 | 1993 s.226. |
| 40 | 1993 s.227(1) to (3). |
| 41(1), (2) | 1993 s.228(1). |
| (3) to (5) | 1993 s.228(2) to (4). |
| 42 | 1992 s.18(3). |
| 43 | 1992 s.20(2). |
| 44(1) | 1993 s.299(1) to (4). |
| (2) | 1993 s.299(5). |
| 45(1) | 1992 s.19(1); 1993 s.301(1), (2). |
| (2) | 1992 s.19(2); 1993 s.301(3). |
| (3), (4) | 1992 s.19(3); 1993 s. 301(6); Law Com. Rec. No.24. |
| 46(1) | 1992 s.18(1); Interpretation Act 1978 (c. 30) s. 17(2)(a) (“denominational education); 1992 Sch.2 para.1 (“member of the Inspectorate); 1993 ss.204(2), 305(1), Sch.19 para.173(3). |
| (2) | Drafting. |
| (3) | 1992 s.18(2). |
| (4) | 1992 s.18(4); 1993 s.305(3). |
| 47 | Drafting. |
| 48(1), (2) | Drafting. |
| (3) | 1992 s.21(4); 1993 s.308(4); drafting. |
| (4) | 1992 s.21(6); drafting. |
| (5) | Drafting. |
| Sch. 1 | |
| paras.1, 2 | 1992 Sch.1 paras.1, 2. |
| para.3 | 1992 Sch.1 para.3; The Transfer of Functions (Treasury and Minister for the Civil Service) Order 1995 (S.I. 995/269) Art.3, Sch. para.19. |
| para.4 | 1992 Sch.1 para.5. |
| para.5 | 1992 Sch.1 para.6; Law Com. Rec. No. 22. |
| para.6 | 1992 Sch.1 para.7. |
| Sch. 2 | |
| para.1 | 1992 Sch.3 para.1; Judicial Pensions and Retirement Act 1993 (c.8) Sch.6 para.67. |
| para.2 | 1992 Sch.3 para.2. |
| para.3 | 1992 Sch.3 para.3(1). |
| Sch. 3 | |
| para.1 | 1992 Sch.2 para.1; 1993 Sch.19 para.173(3). |
| paras.2, 3 | 1992 Sch.2 paras. 2, 3; 1993 Sch.19 para.173(4). |
| para.4(1) | 1992 Sch.2 para.4(1); 1993 Sch.19 para.173(4). |
| (2) | 1992 Sch.2para.4(3). |
| (3) | 1992 Sch.2para.4(2). |
| para.5(1) | 1992 Sch.2 para.5(1); 1993 Sch.19 para.173(4). |
| (2) | 1992 Sch.2 para.5(3). |
| (3) | 1992 Sch.2 para.5(2). |
| paras.6, 7 | 1992 Sch.2 paras.6, 7; 1993 Sch.19 para.173(4). |
| para.8 | 1992 Sch.2 para.8. |
| Sch. 4 | |
| para.1 | 1992 Sch.2 para.13. |
| para.2 | 1992 Sch.2 para.14; 1993 Sch.19 para.173(8). |
| para.3 | 1992 Sch.2 para.15; Interpretation Act 1978 (c. 30) s. 17(2)(a) (“governors’ report); 1993 Sch.19 para.173(9). |
| Sch. 5 | 1993 Sch.12. |
| Sch. 6 | |
| para.1 | 1992 Sch.1 para.8. |
| paras.2, 3 | 1992 Sch.1 para.9. |
| paras.4 to 7 | Drafting. |
| Sch. 7 | Drafting. |
| Sch. 8 | Drafting. |