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- Point in Time (01/01/1996)
- Original (As enacted)
Point in time view as at 01/01/1996.
There are currently no known outstanding effects for the Education Act 1944 (repealed 1.11.1996).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(2) The Secretary of State for Education and Science shall for all purposes be a corporation sole under the name of Secretary of State for Education and Science.]
(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F1S. 1(1) repealed (1.10.1993) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 4, Sch. 21 Pt. II; S.I. 1993/1975, art. 9, Sch. 1
F2Words and s. 1(2) substituted by S.I. 1964/490, Sch. Pt. I
F3S. 1(3)(4) repealed by S.I. 1964/490, Sch. Pt. II
Modifications etc. (not altering text)
C1Unreliable marginal note.
(1)All property which, immediately before the date declared by His Majesty in Council to be the date on which the first appointment under this Act of a Minister of Education took effect, was held by the Board of Education constituted under the M1Board of Education Act 1899 and all functions exercisable by that Board or the President thereof immediately before that date, and all rights and liabilities, whether vested or contingent, to which that Board or the President thereof were entitled or subject immediately before that date, shall, by virtue of this Act, be transferred to the Minister; and, except where the context otherwise requires, references in any enactment or other document to the Board of Education, the President of the Board of Education, the Education Department, or the Department of Science and Art shall be construed as references to the Minister, or, where the case so requires, as references to the Ministry of Education.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
Modifications etc. (not altering text)
C2S. 2(1) amended by S.I. 1964/490, art. 3(2)
Marginal Citations
(1)[F5The Secretary of State for Education and Science] shall have an official seal which shall be authenticated by the signature of [F5the Secretary of State for Education and Science] or of a secretary to [F5the Department of the Secretary of State] or of any person authorised by [F5the Secretary of State for the Education and Science] to authenticate the seal.
(2)The seal of [F5the Secretary of State for Education and Science] shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by [F5the Secretary of State for Education and Science] and either to be sealed with the seal of [F5the Secretary of State for Education and Science] authenticated in the manner provided by this section, or to be signed by a secretary to [F5the Department of the Secretary of State] or by any other officer of [F5the Department of the Secretary of State] authorised to sign it, shall in any legal proceedings be deemed to be so made or issued without further proof, unless the contrary is shown.
(3)A certificate signed by [F5the Secretary of State for Education and Science] certifying that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of the fact certified.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F5Words substituted by S.I. 1964/490, Sch. Pt. I
F6S. 3(4) repealed except in relation to documents issued before 1.4.1964 by S.I.1964/490, Sch. Pt. II
Modifications etc. (not altering text)
C3Unreliable marginal note.
Textual Amendments
Textual Amendments
(1)F9. . ., the local education authority for each county shall be the council of the county, and the local education authority for each county borough shall be the council of the county borough.
F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)All property which immediately before the date of the commencement of this Part of this Act was held by the council of any county district solely or mainly for the purposes of any functions exercisable by them under the Education Acts 1921 to 1939, and all rights and liabilities, whether vested or contingent, to which any such council were entitled or subject immediately before the said date by reason of the exercise of such functions shall, save as may be otherwise directed by the Minister under the powers conferred on him by this Act, be transferred by virtue of this section to the local education authority for the county in which the county district is situated.
(4)All officers who immediately before the said date were employed by the council of any county district solely or mainly for the purposes of any such functions as aforesaid shall by virtue of this section be transferred to and become officers of the local education authority for the county in which the county district is situated, and shall be employed by that authority upon the terms and conditions upon which they were employed by the council of the county district immediately before that date.
Textual Amendments
F9Words in s. 6(1) repealed (1.10.1993) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 5, Sch. 21 Pt. II, S.I. 1993/1975, art. 9, Sch. 1
F10S. 6(2) repealed (1.10.1993) by 1993 c. 35, s. 307(3), Sch. 21 Pt.II; S.I. 1993/1975, art. 9, Sch.1
Modifications etc. (not altering text)
C4S. 6(1) amended by London Government Act 1963 (c. 33), s. 30(1) and Local Government Act 1972 (c. 70), s. 192(1)
The statutory system of public education shall be organised in three progressive stages to be known as primary education, secondary education, and further education; and it shall be the duty of the local education authority for every area, so far as their powers extend, to contribute towards the spiritual, moral, mental, and physical development of the community by securing that efficient education throughout those stages shall be available to meet the needs of the population of their area.
Modifications etc. (not altering text)
C5S. 7 excluded by Education Act 1964 (c. 82), s. 1(3)
C6S. 7 restricted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I, para.2; S.I. 1992/831, art. 2, Sch. 3
(1)It shall be the duty of every local education authority to secure that there shall be available for their area sufficient schools—
(a)for providing [F11primary education, that is to say, full-time education suitable to the requirements of junior pupils who have not attained the age of ten years and six months, and full-time education suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils who have not attained that age]; and
[F12(b)for providing full-time education suitable to the requirements of pupils of compulsory school age, being either senior pupils or junior pupils who have attained the age of ten years and six months and whom it is expedient to educate together with senior pupils of compulsory school age.]
and the schools available for an area shall not be deemed to be sufficient unless they are sufficient in number, character, and equipment to afford for all pupils opportunities for education offering such variety of instruction and training as may be desirable in view of their different ages, abilities, and aptitudes, and of the different periods for which they may be expected to remain at school, including practical instruction and training appropriate to their respective needs.
[F13(1A)A local education authority shall have power to secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, including provision for persons from other areas.]
(2)In [F14exercising their functions] under this section, a local education authority shall, in particular, have regard—
(a)to the need for securing that primary and secondary education are provided in separate schools;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
[F16(c)to the need for securing that special educational provision is made for pupils who have special educational needs; and]
(d)to the expediency of securing the provision of boarding accomodation, either in boarding schools or otherwise, for pupils for whom education as boarders is considered by their parents and by the authority to be desirable:
Provided that paragraph (a) of this subsection shall not have effect with respect to special schools.
F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Words substituted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 3(2)
F12S. 8(1)(b) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 10(1); S.I. 1992/831, art.2, Sch. 3
F13S. 8(1A) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 10(2); S.I. 1992/831, art. 2, Sch. 3
F14Words in s. 8(2) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 10(3); S.I. 1992/831, art. 2, Sch. 3
F15S. 8(2)(b) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
F16S. 8(2)(c) substituted by Education Act 1981 (c. 60, SIF 41:1), s. 2(1)
F17S. 8(3) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 3, Sch.9; S.I. 1992/831, art. 2, Sch. 3
Modifications etc. (not altering text)
C7S. 8 restricted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 4(2)
C8S. 8(1) modified (1.4.1994) by 1993 c. 35, s. 12(6), 298(8), Sch. 2 Pt. III paras. 4, 5(1)(with Sch. 18 para. 12); S.I. 1994/507, art. 4(1), Sch.2.
C9S. 8(1)(a) explained by Education Act 1980 (c. 20, SIF 41:1), s. 24(2)
(1)For the purpose of fulfilling their [F18functions] under this Act, a local education authority shall have power to establish primary and secondary schools, to maintain such schools whether established by them or otherwise, and . . . F19 to assist any such school which is not maintained by them.
(2)Primary and secondary schools maintained by a local education authority, not being nursery schools or special schools, shall, if established by a local education authority or by a former authority, be known as county schools and, if established otherwise than by such an authority, be known as voluntary schools:
Provided that any school which by virtue of any enactment repealed by this Act was to be deemed to be, or was to be treated as, a school provided by a former authority shall, notwithstanding that it was not in fact established by such an authority as aforesaid, be a county school.
(3)Subject to the provisions hereinafter contained as to the discontinuance of voluntary schools, every school which immediately before the commencement of this Part of this Act was, within the meaning of the enactments repealed by this Act, a public elementary school provided otherwise than by a former authority shall, if it was then maintained by a former authority, be maintained as a voluntary school by the local education authority for the area in which the school is situated.
(4)Primary schools which are used mainly for the purpose of providing education for children who have attained the age of two years but have not attained the age of five years shall be known as nursery schools.
F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The powers conferred by subsection (1) of this section on local education authorities shall be construed as including power to establish maintain and assist schools outside as well as inside their areas.
[F21(7)The powers conferred by subsection (1) of this section shall not extend to establishing a school to provide—
(a)part-time education suitable to the requirements of persons of any age over compulsory school age; or
(b)full-time education suitable to the requirements of persons who have attained the age of nineteen years]
Textual Amendments
F18Word in s. 9(1) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I, para. 4; S.I. 1992/831, art. 2, Sch. 3
F19Words repealed by virtue of Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
F20S. 9(5) repealed (1.4.1994) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 6, Sch. 21 Pt. I; S.I. 1994/507, art. 4(1), Sch. 2Appendix.
F21S. 9(7) added (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 12(1); S.I. 1992/831, art. 2, Sch. 4
Modifications etc. (not altering text)
C10S. 9(2) amended (1.9.1994) by 1993 c. 35, ss. 298(5); S.I. 1994/2038, art. 3, Sch.2
(1)The [F22Secretary of State for Education and Science] shall make regulations prescribing the standards to which the premises of schools maintained by local education authorities [F23and of grant-maintained schools] are to conform, and such regulations may prescribe different standards for such descriptions of schools as may be specified in the regulations.
(2)Subject as hereinafter provided, it shall be the duty of a local education authority to secure that the premises of every school maintained by them [F24or, in the case of a grant-maintained school, the duty of the governing body of the school to secure that the premises of the school] conform to the standards prescribed for schools of the description to which the school belongs:
[F25Provided that, if the [F22Secretary of State for Education and Science] is satisfied with respect to any school—
(a)that having regard to the nature of the existing site or to any existing buildings thereon or to other special circumstances affecting the school premises it would be unreasonable to require conformity with a requirement of the regulations as to any matter, or
(b)where the school is to have an additional or new site that, having regard to shortage of suitable sites it would be unreasonable to require conformity with a requirement of the regulations relating to sites, or
(c)where the school is to have additional buildings or is to be transferred to a new site, and existing buildings not theretofore part of the school premises, or temporary buildings, are to be used for that purpose, that [F26having regard to the need to control public expenditure in the interests of the national economy] it would be unreasonable to require conformity with a requirement of the regulations relating to buildings,
he may give a direction that, notwithstanding that that requirement is not satisfied, the school premises shall, whilst the direction remains in force, be deemed to conform to the prescribed standards as respects matters with which the direction deals if such conditions, if any, as may be specified in the direction as respects those matters are observed.]
Textual Amendments
F22Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F23Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 1(2)
F24Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 1(3)
F25S. 10(2) proviso substituted retrospectively by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 7(1)(3)
F26Words substituted by Education Act 1968 (c. 17), s. 3(3)
Modifications etc. (not altering text)
C11S. 10 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C12S. 10 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.
Textual Amendments
F28S. 13 repealed and superseded with saving by Education Act 1980 (c. 20, SIF 41:1), ss. 16(4)(5), 38(6), Sch. 7
(1)Subject to the provisions of this section, the . . . F29 governors of a voluntary school shall not discontinue the school except after serving on the [F30Secretary of State for Education and Science] and on the local education authority by whom the school is maintained not less than two years’ notice of their intention to do so:
[F31Provided that, except by leave of the [F30Secretary of State for Education and Science], no such notice as aforesaid shall be served by the . . . F29 governors of any voluntary school in respect of the premises of which expenditure has been incurred otherwise than in connection with repairs by the [F30Secretary of State for Education and Science] or by any local education authority or former authority.
If the [F30Secretary of State for Education and Science] grants such leave, he may impose such requirements as he thinks just—
(a)in regard to the repayment of the whole or any part of the amount of the expenditure so incurred by the [F30Secretary of State for Education and Science];
(b)where the [F30Secretary of State for Education and Science] is satisfied that the local education authority will require for any purpose connected with education, any premises which are for the time being used for the purposes of the school in regard to the conveyance of those premises to the authority;
(c)in regard to the payment by the local education authority of such part of the value of any premises so conveyed as is just having regard to the extent to which those premises were provided otherwise than at the expense of the authority of a former authority;
(d)where any premises for the time being used for the purposes of the school are not to be so conveyed in regard to the payment to the authority by the . . . F29 governors of the school of such part of the value of those premises as is just having regard to the extent to which they were provided at the expense of the authority or a former authority.]
(2)No such notice as aforesaid shall be withdrawn except with the consent of the local education authority.
(3)If, while any such notice as aforesaid is in force with respect to a voluntary school, the . . . F29 governors of the school inform the local education authority that they are unable or unwilling to carry on the school until the expiration of the notice, the authority may conduct the school during the whole or any part of the unexpired period of the notice as if it were a county school, and shall be entitled to the use of the school premises, free of charge, for that purpose.
(4)While any school is being conducted by a local education authority as a county school under the last foregoing subsection, the authority shall keep the school premises in good repair, and, for all purposes relating to the condition of the school premises, the occupation and use thereof, and the making of alterations thereto, any interest in the said premises which is held for the purposes of the school shall be deemed to be vested in the authority:
Provided that the . . . F29 governors of the school shall be entitled to the use of the school premises or any part thereof when not required for the purposes of the school to the like extent as if they had continued to carry on the school during the unexpired period of the notice.
(5)Where any school is discontinued in accordance with the provisions of this section, the duty of the local education authority to maintain the school as a voluntary school shall be extinguished.
Textual Amendments
F29Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F30Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F31S. 14(1) proviso substituted retrospectively by Education Act 1946 (c. 50), s. 14(1), Sch. 2 Pt. II
Modifications etc. (not altering text)
C13S. 14 modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 97(5), 98(8), 99(5), 212(5), 231(7), 235(6)
C14S. 14 excluded (30.9.1992) by Further and Higher Education Act 1992 (c. 13), s. 59(2)(a); S.I. 1992/831, art.2, Sch. 2
C15S. 14 modified (1.4.1994) by 1993 c. 35, s. 115(6) (with s. 155(11)); S. I. 1994/507, art.3(1).
C16S. 14 restricted (1.4.1994) by 1993 c. 35, s. 273(2); S.I. 1994/507, art. 4(1), Sch.2.
(1)Voluntary schools shall be of three categories, that is to say, controlled schools, aided schools, and special agreement schools, and in schools of those several categories the management of the school, the secular instruction and religious education, and the appointment and dismissal of teachers, shall be regulated in accordance with the provisions hereinafter contained relating to those matters in controlled schools aided schools and special agreement schools respectively.
(2)Upon application being duly made to him with respect to any voluntary school, the [F32Secretary of State for Education and Science] may by order direct that the school shall be a controlled school an aided school or a special agreement school, and where he is satisfied that the . . . F33 or governors of the school will be able and willing, with the assistance of [F34grants under section 281 of the Education Act 1993], to defray the expenses which would fall to be borne by them under paragraph (a) of the next following subsection, the order shall direct that the school shall be an aided school, or, in the case of a school with respect to which a special agreement has been made under the Third Schedule to this Act, a special agreement school:
Provided that, subject to the provisions of this section, any application [F35under this section] for an order directing that a school shall be an aided school or a special agreement school must be made, in the case of a school which became a voluntary school by virtue of subsection (3) of section nine of this Act not later than six months after the date on which the . . . F33 governors of the school received notice of the approval of the development plan for the area, and in any other case not later than the submission to the [F32Secretary of State for Education and Science] of the proposals that the school should be maintained by the local education authority as a voluntary school; and, subject to the transitional provisions of this Act as to the management and maintenance of voluntary schools, a voluntary school with respect to which no order is in force under this section [F36or section 54 of the Education (No.2) Act 1986] directing that it shall be an aided school or a special agreement school shall be a controlled school.
(3)The . . . F33 governors of a controlled school shall not be responsible for any of the expenses of maintaining the school, but the following provisions shall have effect with respect to the maintenance of aided schools and special agreement schools:
(a)the following expenses shall be payable by the . . . F33 governors of the school, that is to say, the expenses of discharging any liability incurred by them or on their behalf or by or on behalf of any former . . . F33 governors of the school or any trustees thereof [F37in connection with the provision of premises or equipment for the purposes of the school]; any expenses incurred in effecting such alterations to the school buildings as may be required by the local education authority for the purpose of securing that the school premises should conform to the prescribed standards, and any expenses incurred in effecting repairs to the [F37school buildings] not being repairs which are excluded from their responsibility by the following paragraph:
[F38(b)the . . . F33 governors of the school shall not be responsible for repairs to the interior of the school buildings, or for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of any direction or requirement of the authority, for purposes other than those of the school.]
(4)If at any time the . . . F33 governors of an aided school or a special agreement school are unable or unwilling to carry out their obligations under paragraph (a) of the last foregoing subsection, it shall be their duty to apply to the [F32Secretary of State for Education and Science] for an order revoking the order by virtue of which the school is an aided school or a special agreement school, and upon such an application being made to him the [F32Secretrary of State for Education and Science] shall revoke the order.
[F39(4A)For the purposes of subsection (4) of this section, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under subsection (3)(a) of this section if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).]
(5)If at any time the [Secretary of State for Education and Science] is satisfied that the grant made in respect of a special agreement school in pursuance of the special agreement made with respect to the school under this Act has been repaid to the local education authority by which the school is maintained, the [Secretary of State for Education and Science] shall, upon application being made to him for that purpose by the . . . F33 governors of the school, by order revoke the order by virtue of which the school is a special agreement school and, if satisfied that the . . . F33 governors of the school will be able and willing, with the assistance of [F34grants under section 281 of the Education Act 1993], to defray the expenses which would fall to be borne by them under paragraph (a) of subsection (3) of this section, shall by order direct that the school shall be an aided school.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
Textual Amendments
F32Words substituted by virtue of S.I. 1964, art. 3(2)(a)
F33Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F34Words in s. 15(2) and (5) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para.7; S.I. 1993/3106, art. 4, Sch. 1
F35Words inserted by Education (No.2) Act 1986 (c. 61, SIF 41:1), s. 67(4), Sch. 4 para. 1(a)
F36Words inserted by Education (No.2) Act 1986 (c. 61, SIF 41:1), s. 67(4), Sch. 4 para. 1(b)
F37Words substituted retrospectively by Education Act 1946 (c. 50), ss. 4(2), 14(1), Sch. 2 Pt. II
F38S. 15(3)(b) substituted retrospectively by Education Act 1946 (c. 50), ss. 4(2), 14(1), Sch. 2 Pt. II
F39S. 15(4A) inserted (1.10.1993) by 1993 c. 35, s. 282(2); S.I. 1993/1975, art. 9, Sch. 1
F40S. 15(6) repealed by Education Act 1946 (c. 50), Sch. 2 Pt. II
Modifications etc. (not altering text)
C17S. 15(4) extended by Education Act 1946 (c. 50), s. 2(5)
(1)Where the [F41Secretary of State for Education and Science] is satisfied that it is expedient that F42. . . any voluntary school should be transferred to a new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they should conform to the prescribed standards, or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning, the [F41Secretary of State for Education and Science] may by order authorise the transfer of the school to the new site;and a voluntary school shall not be transferred to a new site F42. . ..
(2)Where in connection with any proposals submitted to the [F41Secretary of State for Education and Science] under [F43section 13 of the Education Act 1980] it is claimed that any school or schools thereby proposed to be established should be maintained by the local education authority as a voluntary school in substitution for another school at the time being maintained by a local education authority as a voluntary school or for two or more such schools which is or are to be discontinued, then, if the [F41Secretary of State for Education and Science] is satisfied that the school or schools proposed to be established will be so maintained, he may, if he approves the proposals with or without modifications, by order direct that the school or schools proposed to be established shall be established in substitution for the school or schools to be discontinued, and where such an order is made, the provisions of this Act relating to the discontinuance of voluntary schools shall not apply with respect to the discontinuance of the school or schools to be discontinued.
(3)Before making any order under this section, the [F41Secretary of State for Education and Science] shall consult any local education authority which will, in his opinion, be affected by the making of the order, and the . . . governors of any voluntary school which in his opinion will be so affected; and any such order may impose such conditions on any such local education authority or . . . governors and may contain such incidental and consequential provisions as the [F41Secretary of State for Education and Science] thinks fit.
Textual Amendments
F41Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F42Words in s. 16(1) repealed (1.10.1993) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 8, Sch. 21 Pt.II, S.I. 1993/1975, art. 9, Sch. 1
F43Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 1
Textual Amendments
F44Ss. 17–21 repealed (with savings for s. 21(1), in S.I. 1987/344, Sch. 3, para. 1(4)(d)) by Education (No.2) Act 1986 (c.61, SIF 41:1), s. 67(6), Sch. 6 Pt. I
(1)[F45The governing body] of a controlled school shall be entitled to determine the use to which the school premises or any part thereof shall be put on Saturdays, except when required to be used on Saturdays for the purposes of the school or for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises or on that part thereof, and the F46 . . . foundation governors shall be entitled to determine the use to which the school premises or any part thereof shall be put on Sundays, but save as aforesaid the local education authority may give such directions as to the occupation and use of the school premises of a controlled school as they think fit.
(2)If the local education authority desire to provide accommodation for any purpose connected with education or with the welfare of the young and are satisfied that there is no suitable alternative accommodation in their area for that purpose, they may direct [F45the governing body] of any aided school or special agreement school to provide free of charge accommodation for that purpose on the school premises or any part thereof on any week-day when not required for the purposes of the school, so, however, that [F45the governing body] shall not be directed to provide such accommodation on more than three days in any week.
(3)Subject to any directions given by a local education authority under the foregoing provisions of this section and to the requirements of any enactment other than this Act or the regulations made thereunder, the occupation and use of the school premises of any voluntary school shall be under the control of [F45the governing body] thereof [F47except to the extent provided by any transfer of control agreement into which they may enter under subsection (3A) of this section.].
[F48(3A)Subject to subsection (3B) below the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—
(a)they may do so notwithstanding that the trust deed for the school would, apart from this subsection, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but
(b)they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would obtain if control were being exercised by the governing body.
(3B)The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.
(3C)A transfer of control agreement shall be taken to include the following terms, namely—
(a)that the governing body shall notify the controlling body of—
(i)any directions given to the governing body by virtue of subsection (1) or (2) of this section; and
(ii)any determination made by the foundation governors under subsection (1) of this section;
(b)that the controlling body, in exercising control of the use of any premises subject to the agreement—
(i)shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a) of this subsection; and
(ii)shall have regard to the desirability of the premises being made available for community use; and
(c)that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—
(i)the use of the specified premises at those times shall be under the control of the governing body; and
(ii)accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,
notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body.
(3D)Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (3C) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.
(3E)Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of subsection (3C)(a) of this section.]
[F49(4)The local education authority may give directions to [F45the governing body] of any aided school as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.]
[F50(5)Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that, disregarding any transfer of control agreement, the use of those premises is or would be under the control of such a person, this section shall have effect in relation to the school with the substitution for references to the governing body of references to that person.]
[F51(6)In this section—
“community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;
“the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;
“school hours” means any time during a school session or during a break between sessions on the same day;
“school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of the Education (No. 2) Act 1986; and
“transfer of control agreement” means an agreement which, subject to subsection (3C) of this section, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.]
Textual Amendments
F45Words in s. 22(1)-(3)(4) substituted (1.1.1994) by 1993 c. 35, ss. 238(9), 239, Sch. 13 paras. 4(6), 6(4)(6), 7(4); S.I. 1993/3106, art. 4, Sch. 1
F46Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 6
F47Words in s. 22(3) added (1.1.1994) by 1993 c. 35, s. 238(9), Sch. 13 paras. 4(2), 6(4)(6), 7(4); S.I. 1993/3106, art. 4, Sch.1
F48S. 22(3A)-(3E) inserted (1.1.1994) by 1993 c. 35, ss. 238, 239, Sch. 13 paras. 4(3), 6(4)(6), 7(4); S. I. 1993/3106, art. 4, Sch. 1
F49S. 22(4) substituted with savings in S.I. 1987/344, Sch. 3 para. 1(4)(c) by Education (No.2) Act 1986 (c. 61, SIF 41:1), s. 67(4), Sch. 4 para. 2
F50S. 22(5) substituted (1.1.1994) by 1993 c. 35, ss. 238(9), 239, Sch. 13 paras. 4(4), 6(4)(6), 7(4); S.I. 1993/3106, art. 4, Sch.1
F51S. 22(6) insertted (1.1.1994) by 1993 c. 35, ss. 238(9), 239, Sch.13 paras. 4(5), 6(4)(6), 7(4); S.I. 1993/3106, art. 4, Sch.1
Modifications etc. (not altering text)
C18S. 22 extended (1.1.1994) by 1993 c. 35, ss. 238, 239, Sch. 13 paras. 6(2)(3)(4)(6), 7(4); S.I. 1993/3106, art. 4, Sch.1
C19S. 22(4) excluded by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 45(2)(a), 48, 231(7), 235(6), Sch. 4 paras. 1(2), 4
C20S. 22(6) modified (1.1.1994) by 1993 c. 35, ss. 238(9), 239, Sch. 13 paras. 6(5)(6); S.I. 1993/3106, art. 4, Sch.1
Textual Amendments
F52Ss. 23, 24(1) repealed (savings in S.I. 1987/344, Sch. 3 para. 1(4)(d)) by Education (No.2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
(2)In every aided school the respective functions of the local education authority and of the . . . F54 governors of the school with respect to the appointment of teachers, and, subject to the provisions hereinafter contained as to religious education, with respect to the dismissal of teachers, shall be regulated by the . . . F54 or articles of government for the school:
Provided that the . . . F54 articles of government for every aided school—
(a)shall make provision for the appointment of the teachers by the . . . F54 governors of the school, for enabling the local education authority to determine the number of teachers to be employed, and for enabling the authority, except for reasons for which the . . . F54 governors are expressly empowered by this Act to dismiss teachers without such consent, to prohibit the dismissal of teachers without the consent of the authority and to require the dismissal of any teacher; and
(b)may make such provision as may be agreed between the local education authority and the . . . F54 governors of the school, or in default of such agreement as may be determined by the [F55Secretary of State for Education and Science], for enabling the authority to prohibit the appointment, without the consent of the authority, of teachers to be employed for giving secular instruction, and for enabling the authority to give directions as to the educational qualifications of the teachers to be so employed.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
Textual Amendments
F53Ss. 23, 24(1) repealed (savings in S.I. 1987/344, Sch. 3 para. 1(4)(d)) by Education (No.2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I
F54Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 8
F55Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F56S. 24(3) repealed by Sex Discrimination Act 1975 (c. 65), s. 83(3)(b), Sch. 6
Modifications etc. (not altering text)
C21S. 24 modified by S.I. 1989/1135, art. 3(1)(d), Sch. 4
Textual Amendments
F57 S. 25 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
(1)In the case of a county school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.
(2)No such syllabus shall provide for religious education to be given to pupils at such a school by means of any catechism or formularly which is distinctive of any particular religous denomination; but this provision is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies.
(3)Subsection (4) below applies where a county secondary school is so situated that arrangements cannot conveniently be made for the withdrawal of pupils from the school in accordance with section 9 of that Act to receive religious education elsewhere.
(4)If in any such case the local education authority are satisfied—
(a)that the parents of pupils in attendance at the school desire them to receive religious education in the school in accordance with the tenets of a particular [F59religion or] religious denomination; and
(b)that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall upon the authority;
the authority shall, unless they are satisfied that owing to any special circumstances it would be unreasonable to do so, provide facilities for the carrying out of those arrangements.]
Textual Amendments
F58 S. 26 substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6) Sch. 1 para. 1
F59Words in s. 26(4)(a) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 9; S.I. 1994/507, art. 4(1), Sch.2.
(1)Where the parents of any pupils in attendance at a controlled school request that they may receive religious [F60education] in accordance with the provisions of the trust deed relating to the school, or where provision for that purpose is not made by such a deed in accordance with the practice observed in the school before it became a controlled school, the foundation . . . F61 foundation governors shall, unless they are satisfied that owing to special circumstances it would be unreasonable so to do, make arrangements for securing that such religious [F60education] is given to those pupils at the school during not more than two periods in each week.
(2)Without prejudice to the duty to make such arrangements as aforesaid whatever the number of the teaching staff of the school, where the number of the teaching staff of a controlled school exceeds two the teaching staff shall include persons (hereinafter referred to as “reserved teachers”) selected for their fitness and competence to give such religious [F60education] as is required to be given under such arrangements and specifically appointed to do so:
Provided that the number of reserved teachers in any controlled school shall not exceed one-fifth of the number of the teaching staff of the school including the head teacher, so, however, that where the number of the teaching staff is not a multiple of five it shall be treated for the purposes of this subsection as if it were the next higher multiple thereof.
(3)The head teacher of a controlled school shall not, while holding that position, be a reserved teacher . . . F62.
(4)Where the local education authority propose to appoint any person to be a reserved teacher in a controlled school, the authority shall consult the foundation . . . F61 foundation governors of the school, and, unless the said . . . F61 governors are satisfied as to that person’s fitness and competence to give such religious [F60education] as is required in pursuance of such arrangements as aforesaid the authority shall not appoint that person to be a reserved teacher.
(5)If the . . . F61 foundation governors of a controlled school are of opinion that any reserved teacher has failed to give such religious [F60education] as aforesaid efficiently and suitably, they may require the authority to dismiss him from employment as a reserved teacher in the school.
[F63(6)In the case of a controlled school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education-
(a)in accordance with any arrangements made under subsection (1) of this section; or
(b)subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.]
Textual Amendments
F60Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 2(1)
F61Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 9
F62Words repealed (savings in S.I. 1987/344, Sch. 3 para. 1(4)(d)) by Education (No.2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I
F63S. 27(6) substituted by Education Reform Act 1988 (c. 40, SIF 41:1) ss.9, 231(7), 235(6), Sch. 1 para. 2(2)
[F64(1)In the case of an aided or special agreement school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education-
(a)in accordance with any provision of the trust deed relating to the school or, where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a voluntary school; or
(b)in accordance with any arrangements under this section.
(1A)Subject to subsection (1C) of this section, the religious education given to pupils at such a school shall be under the control of the governors of the school.
(1B)Where the parents of pupils in attendance at such a school—
(a)desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority; and
(b)cannot with reasonable convenience cause those pupils to attend any school at which that syllabus is in use;
then, unless the authority are satisfied that owing to any special circumstances it would be unreasonable to do so, arrangements shall be made for religious education in accordance with that syllabus to be given to those pupils in the school during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 2(1)(a) of that Act.
(1C)Those arrangements shall be made by the governors of the school, unless the local education authority are satisfied that the governors are unwilling to make the arrangements, in which case they shall be made by the authority.]
(2)If a teacher appointed to give in an aided school religious [F65education], other than [F65education] in accordance with an agreed syllabus, fails to give such [F65education] efficiently and suitably, he may be dismissed on that ground by the . . . F66 governors of the school without the consent of the local education authority.
(3)Where the special agreement made with respect to any special agreement school provides for the employment of reserved teachers, the local education authority shall, when they propose to appoint any person to be such a teacher in the school, consult the . . . F67 foundation governors of the school, and unless the said . . . F67 governors are satisfied as to that person’s fitness and competence to give such religious [F65education] as aforesaid, the authority shall not appoint that person to be such a teacher.
(4)If the . . . F67 foundation governors of a special agreement school are of opinion that any such reserved teacher as aforesaid has failed to give, efficiently and suitably, such religious [F65education] as he was appointed to give, they may require the authority to dismiss him from employment as a reserved teacher in the school.
Textual Amendments
F64S. 28(1)(1A)–(1C) substituted for s. 28(1) by Education Reform Act 1988 (c. 40, SIF 41:1), ss.9, 231(7), 235(6), Sch. 1 para. 3(1)
F65Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss.9, 231(7), 235(6), Sch. 1 para. 3(2)
F66Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 9
F67Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 9
(1)The provisions of the Fifth Schedule to this Act shall have effect with respect to the preparation, adoption, and reconsideration, of an agreed syllabus of religious [F68education].
(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
Textual Amendments
F68Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 4(a)
F69S. 29(2)–(4) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss.9, 231(7), 235(6), 237(2), Sch. 13 Pt. II
Modifications etc. (not altering text)
C22S. 29(1) modified by S.I. 1989/46, Sch. 1
Subject as hereinafter provided, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being a teacher in a county school or in any voluntary school, or from being otherwise employed for the purposes of such a school; and no teacher in any such school shall be required to give religious [F70education] or receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he does or does not give religious [F70education] or by reason of his religious opinions or of his attending or omitting to attend religious worship:
Provided that, save in so far as they require that a teacher shall not receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he gives religious [F70education] or by reason of his religious opinions or of his attending religious worship, the provisions of this section shall not apply with respect to a teacher in an aided school or with respect to a reserved teacher in any controlled school or special agreement school.
Textual Amendments
F70Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 4(b)
Modifications etc. (not altering text)
C23S. 30 extended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 88(5), 231(7), 235(6)
C24S. 30 continued (1.4.1994) by 1993 c. 35, s. 144(4) (with s. 155(11)); S.I. 1994/507, art.3(1).
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
(2)Save as may be otherwise directed by the [F72Secretary of State for Education and Science], every county school and voluntary school which immediately before the commencement of this Part of this Act was used for providing primary education shall be managed and conducted as a primary school, every such school which was used for providing secondary education shall be managed and conducted as a secondary school, and every such school which was used for providing primary and secondary education indiscriminately shall be managed and conducted as if it were a primary school.
(3)If it appears to the [F72Secretary of State for Education and Science] to be expedient that any county school or voluntary school should be managed and conducted otherwise than in accordance with the provisions of the last foregoing subsection, he may direct that the school be managed and conducted as a primary school or as a secondary school as the case may be:
Provided that no such direction shall be given except after consultation with the local education authority and, in the case of a voluntary school, with the . . . F73 governors of the school.
(4)Where it appears to a local education authority that the process of securing that primary and secondary education shall be provided in separate schools can be accelerated by the giving of a direction under this section, it shall be the duty of the authority to apply to the [F72Secretary of State for Education and Science] for such a direction.
Textual Amendments
F72Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F73Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
Textual Amendments
Textual Amendments
F75Ss. 33, 34 repealed by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 4 (subject to a saving in S.I. 1983/7, Sch. para. 4)
In this Act the expression “compulsory school age” means any age between five years and [F76sixteen] years, and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of five years and has not attained the age of [F76sixteen] years and a person shall be deemed to be over compulsory school age as soon as he has attained the age of [F76sixteen] years:
Provided that, as soon as the Minister is satisfied that it has become practicable to raise to sixteen the upper limit of the compulsory school age, he shall lay before Parliament the draft of an Order in Council directing that the foregoing provisions of this section shall have effect as if for references therein to the age of fifteen years there were substituted references to the age of sixteen years; and unless either house of Parliament, within the period of forty days beginning with the the day on which any such draft as aforesaid is laid before it, resolves that the draft be not presented to His Majesty, His Majesty may by Order in Council direct accordingly.In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
Textual Amendments
F76Word substituted by virtue of S.I. 1972/444, art. 2
Modifications etc. (not altering text)
C25S. 35 amended by Education Act 1962 (c. 12), s. 9
C26The proviso in s. 35 which is spent is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
It shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability, and aptitude [F77and to any special educational needs he may have], either by regular attendance at school or otherwise.
Textual Amendments
F77Words inserted by Education Act 1981 (c. 60, SIF 41:1), s. 17
Modifications etc. (not altering text)
C27S. 36 excluded by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 4(2)
S. 36 excluded (1.10.1993) by 1993 c. 35, s.203; S.I. 1993/1975, art. 9, Sch. 1
C28S. 36 excluded (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 30(1), 36(10), 108(2)(6), Sch. 3 Part III para. 13(1), Sch. 14 para. 1(1)
Textual Amendments
F78S. 37 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 11, Sch. 21 Pt.I; S.I. 1993/1975, art. 9, Sch.1
Textual Amendments
F79S. 38 repealed by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 4
Textual Amendments
F80S. 39 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 11, Sch. 21 Pt. I; S.I. 1993/1975, art. 9, Sch. 1
Textual Amendments
F81S. 40 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 11, Sch. 21 Pt.I; S.I. 1993/1975, art. 9, Sch. 1
Textual Amendments
F82S. 40A repealed by Children and Young Persons Act 1969 (c. 54), s. 72(4), Sch. 6
(1)It shall be the duty of every local education authority to secure the provision for their area of adequate facilities for further education.
(2)Subsection (1) above does not apply to education to which section 2(1) or 3(1) of the Further and Higher Education Act 1992 applies, but in respect of education to which section 3(1) of that Act applies a local education authority may—
(a)secure the provision for their area of such facilities as appear to them to be appropriate for meeting the needs of the population of their area; and
(b)do anything which appears to them to be necessary or expedient for the purposes of or in connection with such provision.
(3)Subject to subsection (4) below and section 14(1) to (4) of the Further and Higher Education Act 1992, in this Act “further education” means—
(a)full-time and part-time education suitable to the requirements of persons over compulsory school age (including vocational, social, physical and recreational training); and
(b)organized leisure-time occupation provided in connection with the provision of such education.
(4)In this Act “further education” does not include higher education or secondary education.
(5)In subsection (3)(b) above “organized leisure time occupation” means leisure-time occupation, in such organized cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.
(6)A local education authority may secure the provision of further education for persons from other areas.
(7)In exercising their functions under this section a local education authority shall have regard to any educational facilities provided by institutions within the higher education sector or the further education sector, and other bodies, which are provided for, or available for use by persons in, their area.
(8)In exercising their functions under this section a local education authority shall also have regard to the requirements of persons over compulsory school age who have learning difficulties.
(9)Subject to subsection (10) below, for the purposes of subsection (8) above a person has a “learning difficulty” if—
(a)he has a significantly greater difficulty in learning than the majority of persons of his age; or
(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided in pursuance of the duty under subsection (1) above for persons of his age.
(10)A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.
(11)A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.]
Textual Amendments
F83S. 41 substituted (1.4.1993) by virtue of Further and Higher Education Act 1992 (c. 13), s.11; S.I. 1992/831, art.2, Sch. 3
Textual Amendments
Textual Amendments
Until the date upon which a scheme of further education is first approved by the Minister for the area of a local education authority under the foregoing provisions of this Part of this Act, the authority shall, unless the Minister otherwise directs, continue to maintain or assist any school or other educational institution which, immediately before the date of the commencement of this Part of this Act was maintained or assisted by them or by the council of any county district within their area, under the powers conferred by section seventy of the M2Education Act 1921, not being a school or institution which under this Act is maintained or assisted as a secondary school, and may, in accordance with arrangements approved by the Minister, provide such additional facilities for further education, other than education at county colleges, as appear to the authority to be expedient for meeting the needs of their area.
Modifications etc. (not altering text)
C29Functions of the Minister now exercisable by the Secretary of State for Education and Science: S.I. 1964/490, art. 2(1)
Marginal Citations
(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86
(4)It shall be the duty of every local education authority [F87or, in the case of pupils at a grant-maintained school, the duty of the governing body of the school] to make arrangements for encouraging and assisting pupils to take advantage of [F88the provision for medical and dental inspection and treatment made for them in pursuance of [F89section 5(1) of the M3National Health Service Act 1977 or paragraph 1(a)(i) of Schedule 1 to that Act]]:
Provided that if the parent of any pupil gives to the authority [F90or, as the case may be, to the governing body] notice that he objects to the pupil availing himself of any [F88of the provision so made], the pupil shall not be encouraged or assisted so to do.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86
Textual Amendments
F86S. 48(1)–(3), (5) repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F87Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 2(a)
F88Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 7
F89Words substituted by National Health Service Act 1977 (c. 49), Sch. 15 para. 2
F90Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 2(b)
Modifications etc. (not altering text)
C30S. 48(4) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C31S. 48(4) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.
Marginal Citations
Textual Amendments
F91S. 49 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
(1)Where the local education authority are satisfied with respect to any [F92pupil] that primary or secondary education suitable to his age ability and aptitude [F93and to any special educational needs he may have] can best be provided F94. . . for him at any particular county school, voluntary school [F95, grant-maintained school], or special school, . . . F96 but that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school . . . F96, [F97and where a local education authority are satisfied, with respect to a pupil [F98having special educational needs], that provision for him of board and lodging is necessary for enabling him to receive the required special educational [F98provision],] the authority may provide such board and lodging for him under such arrangements as they think fit.
(2)In making any arrangements under this section for any [F92pupil] . . . F96, a local education authority shall, so far as practicable, give effect to the wishes of the parent of the [F92pupil] . . . F96, with respect to the [F99religion or]religious denomination of the person with whom he will reside.
Textual Amendments
F92Words substituted by Education Act 1946 (c. 50), Sch. 2 Pt. I
F93Words inserted by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 3 para. 3(a)
F94Words in s. 50(1) repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 12(a), Sch. 21 Pt. II; S.I. 1994/507, art. 4(1), Sch. 2Appendix.
F95Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), s. 100(2)
F96Words repealed by Education Reform Act 1988 (c. 40, SIF 41), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
F97Words inserted by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 1 Pt. I
F98Word(s) substituted by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 3 para. 3(b)(c)
F99Words in s. 50(2) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 12(b); S.I. 1994/507, art. 4(1), Sch.2.
Modifications etc. (not altering text)
C32S. 50 excluded (1.4.1994) by 1993 c. 35, ss. 12(6), 298, Sch. 2 Pt. III paras. 4, 13(1)(a) (with Sch. 18 para. 12); S.I. 1994/507, art. 4(1), Sch.2.
Textual Amendments
(1)Where a local education authority have, under the powers conferred by the foregoing provisions of this Act, provided a pupil with board and lodging otherwise than at a boarding school . . . F101 . . . F102 the authority shall require the parent to pay to the authority in respect thereof such sums, if any, as in the opinion of the authority he is able without financial hardship to pay:
Provided that—
(a)where the board and lodging provided for the pupil were so provided under arrangements made by the local education authority on the ground that in their opinion education suitable to his age ability and aptitude [F103or special educational needs] could not otherwise be provided F104. . . no sum shall be recoverable in respect thereof under this section . . . F101
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101
(2)The sums recoverable under this section shall not exceed the cost to the local education authority of providing the board and lodging . . . F102
(3)Any sums payable by virtue of this section may be recovered summarily as a civil debt.
Textual Amendments
F101Words repealed by Education Reform Act 1988 (c. 40, SIF 41), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
F102Words repealed by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 2
F103Words inserted by Education Act 1981 (c. 60, SIF 41:1), s. 21, Sch. 3 para. 4
F104Words in s. 52(1) repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 13, Sch. 21 Pt. II; S.I. 1994/507, art. 4(1), Sch. 2Appendix.
Modifications etc. (not altering text)
C33Unreliable marginal note.
C34S. 52 excluded (1.4.1994) by 1993 c. 35, ss. 12(6), 298(8), Sch. 2 Pt.III paras. 4, 13(1)(a) (with Sch. 18 para. 12); S.I. 1994/507, art. 4(1), Sch.2.
C35S. 52(1) excluded (1.4.1994) by 1993 c. 35, ss. 12(6), 298(8), Sch. 2 Pt. I para. 1(2) (with Sch. 18 para. 12); S.I. 1994/507, art. 4(1), Sch.2.
(1)It shall be the duty of every local education authority to secure that the facilities for primary secondary and further education provided for their area include adequate facilities for recreation and social and physical training, and for that purpose a local education authority . . . F105 may establish maintain and manage, or assist the establishment, maintenance, and management of camps, holiday classes, playing fields, play centres, and other places (including playgrounds, gymnasiums, and swimming baths not appropriated to any school [F106or other educational institution], at which facilities for recreation and for such training as aforesaid are [F107available for persons receiving primary secondary or further education], and may organise games, expeditions and other activities for such persons, and may defray or contribute towards the expenses thereof.
(2)A local education authority, in making arrangements for the provision of facilities or the organisation of activities under the powers conferred on them by the last foregoing subsection shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109
Textual Amendments
F105Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 7
F106Words substituted by Educational Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 54
F107Words substituted by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 1 Pt. I
F108Ss. 51,53(3) repealed by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 2
F109S. 53(4) repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1
(1)A local education authority may, by directions in writing issued with respect to all schools maintained by them [F110and grant-maintained schools within their area]or with respect to any of such schools named in the directions, authorise a medical officer of the authority to cause examinations of the persons and clothing of pupils in attendance at such school to be made whenever in his opinion such examinations are necessary in the interests of cleanliness . . . F111.
(2)Any such examination as aforesaid shall be made by a person authorised by the local education authority to make such examinations, and if the person or clothing of any pupil is found upon such an examination to be infested with vermin or in a foul condition, any officer of the authority may serve upon the parent of the pupil . . . F111 a notice requiring him to cause the person and clothing of the pupil to be cleansed.
(3)A notice served under the last foregoing subsection shall inform the person upon whom it is served that unless within the period limited by the notice, not being less than twenty-four hours after the service thereof, the person and clothing of the pupil to whom the notice relates are cleansed to the satisfaction of such person as may be specified in the notice the cleansing thereof will be carried out under arrangements made by the local education authority; and if, upon a report being made to him by that person at the expiration of that period, a medical officer of the authority is not satisfied that the person and clothing of the pupil have been properly cleansed, the medical officer may issue an order directing that the person and clothing of the pupil be cleansed under such arrangements.
(4)It shall be the duty of the local education authority to make arrangements for securing that any person or clothing required under this section to be cleansed may be cleansed (whether at the request of a parent . . . F111 or in pursuance of an order issued under this section) at suitable premises by suitable persons and with suitable appliances; and where [F112the council of any . . . F113 district in the area of the authority][F112the council of any inner London borough or the Common Council of the City of London] are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined by agreement between the authority and the council or, in default of such agreement, by the [F114Secretary of State for Social Services].
(5)Where an order has been issued by a medical officer under this section directing that the person and clothing of a pupil be cleansed under arrangements made by a local education authority, the order shall be sufficient to authorise any officer of the authority to cause the person and clothing of the pupil in the order to be cleansed in accordance with arrangements made under the last foregoing subsection, and for that purpose to convey him to, and detain him at, any premises provided in accordance with such arrangements.
(6)If, after the cleansing of the person or clothing of any pupil has been carried out under this section, his person or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at a school maintained by a local education authority [F115or at a grant-maintained school] . . . F111, and it is proved that the condition of his person or clothing is due to neglect on the part of his parent . . . F111, the parent . . . F111 shall be liable on summary conviction to a fine not exceeding [F116level 1 on the standard scale.]
(7)Where a medical officer of a local education authority suspects that the person or clothing of any pupil in attendance at a school maintained by the authority [F117or at a grant-maintained school within the area of the authority] . . . F111 is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he may, if he considers it necessary so to do either in the interest of the pupil or of other pupils in attendance at the school . . . F111, direct that the pupil be excluded from the school . . . F111 until such action has been taken; and such a direction shall be a defence to any proceedings under [F118Part IV of the Education Act 1993] in respect of the failure of the pupil to attend school . . . F111 on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the pupil or his parent.
(8)No girl shall be examined or cleansed under the powers conferred by this section except by a duly qualified medical practitioner or by a woman authorised for that purpose by a local education authority.
Textual Amendments
F110Words in s. 54(1) inserted (1.10.1993) by 1993 c. 35, ss. 307(1), Sch. 19 para. 14(a); S.I. 1993/1975, art. 9, Sch. 1
F111Words repealed by Education Reform Act 1988 (c. 40, SIF 41), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
F112Words “the council of any inner London borough” to “London” substituted (in relation to I.L.E.A.) for words “the council of any district” to “authority” by London Government Act 1963 (c. 33), s. 32(7)
F113Words omitted by virtue of Local Government Act 1972 (c. 70), s. 179(3)
F114Words substituted by virtue of S.I. 1968/1699, art. 5(4)(a)
F115Words in s. 54(6) inserted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 14(b); S.I. 1993/1975, art. 9, Sch. 1
F116Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45
F117Words in s. 54(7) inserted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 14(c)(i); S.I. 1993/1975, art. 9, Sch.1
F118Words in s. 54(7) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 14(c)(ii); S.I. 1993/1975, art. 9, Sch. 1
Modifications etc. (not altering text)
C36S. 54 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C37S. 54 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.
[F119(1)A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary or as the Secretary of State may direct for the purpose of facilitating the attendance of persons receiving education—
(a)at schools,
(b)at any institution maintained or assisted by them which provides higher education or further education (or both),
(c)at any institution within the further education sector, or
(d)at any institution outside the further education sector and higher education sector, where a further education funding council has secured provision for those persons at the institution under section 4(3) or (5) of the Further and Higher Education Act 1992;
and any transport provided in pursuance of such arrangements shall be provided free of charge.]
(2)A local education authority [F120may pay the whole or any part, as the authority think fit, of the reasonable travelling expenses] of any [F121person receiving education] at any school [F122or any such institution as is mentioned in subsection (1) above] for whose transport no arrangements are made under this section.
[F123(3)In considering whether or not they are required by subsection (1) above to make arrangements in relation to a particular [F124person], the local education authority shall have regard (amongst other things) to the age of the [F124person] and the nature of the route, or alternative routes, which he could reasonably be expected to take][F125and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres]
[F126(4)Arrangements made by a local education authority under subsection (1) above shall make provision—
(a)for pupils at grant-maintained schools which is no less favourable than the provision made in pursuance of the arrangements for pupils at schools maintained by a local education authority,
(b)for persons receiving full-time education at any institution within the further education sector which is no less favourable than the provision made in pursuance of the arrangements for pupils of the same age at schools maintained by a local education authority, and
(c)for persons receiving full-time education at institutions mentioned in subsection (1)(d) above which is no less favourable than the provision made in pursuance of the arrangements—
(i)for persons of the same age with learning difficulties (within the meaning of section 41(9) of this Act) at schools maintained by a local education authority, or
(ii)where there are no such arrangements, for such persons for whom the authority secures the provision of education at any other institution.]
[F127(5)Regulations under section 8(5) of the Education Act 1980 may require publication, within the meaning of that section, by every local education authority of such information as may be required by the regulations with respect to the authority’s policy and arrangements for provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) above who are over compulsory school age and who have not attained the age of nineteen years.]
Textual Amendments
F119S. 55(1) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), SCh. 8 Pt. I para. 5(a); S.I. 1992/831, art. 2, Sch. 3
F120Words substituted by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 1 Pt. I
F121Words in s. 55(2) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), SCh. 8 para. 5(b); S.I. 1992/831, art. 2, Sch. 3
F122Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 55(3)
F124Word in s. 55(3) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 5(c); S.I. 1992/831, art. 2, Sch. 3
F125Words in s. 55(3) added (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 15; S.I. 1993/1975, art. 9, Sch. 1
F126S. 55 (4) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 5(d); S.I. 1992/831, art. 2, Sch. 3
F127S. 55(5) added (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s.93(1), Sch. 8 Pt. I para. 5(e); S.I. 1992/831, art. 2, Sch. 3
Modifications etc. (not altering text)
C38S. 55 amended by Education (Miscellaneous Provisions) Act 1953 (c. 33), s. 12(1)
C39S. 55(4) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C40S. 55(4) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.
Textual Amendments
F128S. 56 repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 16, Sch. 21 Pt.II; S.I. 1994/2038, art. 3, Sch. 2Appendix.
Textual Amendments
For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over compulsory school age shall be deemed to be a child within the meaning of that enactment.
(1)If it appears to a local education authority that any child who is a registered pupil at a county school, voluntary school, or special school, is being employed in such manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may, by notice in writing served upon the employer, prohibit him from employing the child, or impose such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.
(2)A local education authority may, by notice in writing served upon the parent or employer of any child who is a registered pupil at a county school, voluntary school, or special school, require the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.
(3)Any person who employs a child in contravention of any prohibition or restriction imposed under subsection (1) of this section, or who fails to comply with the requirements of a notice served under subsection (2) of this section, shall be guilty of an offence against this section and liable on summary conviction, in the case of a first offence to a fine not exceeding [F131level 1 on the standard scale], in the case of a second offence to a fine not exceeding [F131level 1 on the standard scale], and in the case of a third or subsequent offence to a fine not exceeding [F131level 1 on the standard scale] or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.
(4)Subsection (1) and subsection (3) of section twenty-eight of the M4Children and Young Persons Act 1933 (which relate to powers of entry for the enforcement of the provisions of Part II of that Act with respect to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of the said Part II.]
Textual Amendments
F130S. 59 repealed (prosp.) by Employment of Children Act 1973 (c. 24), s. 3, Sch. 2
F131Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Modifications etc. (not altering text)
C41S. 59 extended (1.9.1994) by S.I. 1994/2103, reg. 2, Sch. 1 Pt. I para.1.
C42Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies
Marginal Citations
Textual Amendments
F132Ss. 60, 61, 84 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
(1)In execution of the duties imposed on him by this Act, the [F133Secretary of State for Education and Science] shall, in particular, make such arrangement as he considers expedient for securing that there shall be available sufficient facilities for the training of teachers for [F134service in schools maintained by local education authorities, grant-maintained schools [F135institutions within the further education sector] and institutions which are maintained by such authorities and provide higher education or further education (or both)].
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136
Textual Amendments
F133Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F134Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 56(2)
F135Words in S. 62(1) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 7; S.I. 1992/831, art. 2, Sch. 3
F136S. 62(2) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 para. 56(3), Sch. 13 Pt. II
Modifications etc. (not altering text)
C43Unreliable marginal note.
C44S. 62(1) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C45S. 62(1) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137
(2)Where plans for [F138or particulars in respect of] any building required for the purposes of any school or other educational establishment are approved by the [F139Secretary of State for Education and Science], he may by order direct that any provision of any local Act or of any byelaw made under such an Act shall not apply in relation to the building or shall apply in relation thereto with such modifications as may be specified in the order.
Textual Amendments
F137S. 63(1) repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7
F138Words in s. 63(2) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para.18; S.I. 1994/507, art. 4(1), Sch.2.
F139Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
Modifications etc. (not altering text)
C46S. 63(2) amended by Education Act 1980 (c. 20, SIF 41:1), s. 14(4)
C47S. 63(2) amended by Education Reform Act 1988 (c. 40, SIF 41:1), s. 90(4)
C48S. 63(2) amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 218(8), 231(7), 235(6)
S. 63(2) amended (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para.19; S.I. 1994/507, art. 4(1), Sch.2
Textual Amendments
F140S. 64 repealed by Rating and Valuation Act 1961 (c. 45), Sch. 5 Pt. I
Where any sums which accrue after the date of the commencement of this Part of this Act in respect of the income of any endowment are required by virtue of the provisions of any trust deed to be applied towards the maintenance of a school which a local education authority are required to maintain as a voluntary school, the said sums shall not be payable to the local education authority, but shall be applied by the . . . F141 governors of the school towards the discharge of their obligations, if any, with respect to the maintenance of the school, or in such other manner, if any, as may be determined by a scheme for the administration of the endowment made after the date of the commencement of this Part of this Act.
Textual Amendments
F141Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
Textual Amendments
F142S. 66 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
(1)Save as otherwise expressly provided by this Act, any dispute between a local education authority and the . . . F143 governors of any school with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . F143 governors, be referred to the [F144Secretary of State for Education and Science]; and any such dispute so referred shall be determined by him.
(2)Any dispute between two or more local education authorities as to which of them is responsible for the provision of education for any pupil . . . F145 shall be determined by the [F144Secretary of State for Education and Science.]
(3)Where any trust deed relating to a voluntary [F146or grant-maintained] school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious [F147education] given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.
[F148(4)If in the case of a county [F149voluntary or grant-maintained] school a question arises whether a change in the character of the school or enlargement of the school premises would be a significant change or enlargement, that question shall be determined by the Secretary of State.]
F150(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F143Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F144Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F145Words repealed by Education (No.2) Act 1986 (c. 61, SIF 41:1), s. 67(6) Sch. 6 Pt. I
F146Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 4(2)
F147Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 4(c)
F148S. 67(4) substituted by Education Act 1968 (c. 17), Sch. 1 para. 3
F149Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(1), 235(6), Sch. 12 para. 4(3)
F150S. 67(4A) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1)(2), Sch. 8 para. 8, Sch. 9; S.I. 1992/831, art. 2, Sch. 3
Modifications etc. (not altering text)
C49S. 67(1) extended by Education (No. 2) Act 1968 (c. 37), s. 3(3)
C50S. 67(1) modified by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 12(10), Sch. 2 para. 29(a)
C51S. 67(1) extended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 219(1), 231(7), 235(6)
C52S. 67(4) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C53S. 67(4) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.
If the [F151Secretary of State for Education and Science] is satisfied, either on complaint by any person or otherwise, that any local education authority or the . . . F152 governors of any county or voluntary school have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . F152 governors, give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient.
[F153In this section, references to a local education authority shall be construed as including references to any body of persons authorised, in accordance with the First Schedule to this Act, . . . F154, to exercise functions of such an authority.]
Textual Amendments
F151Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F152Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F153Words inserted by Education Act 1946 (c. 50), Sch. 2 Pt. I
F154Words repealed by Local Government Act 1972 (c. 70), Sch. 30
Modifications etc. (not altering text)
C54Unreliable marginal note.
C55S. 68 extended by Education (No. 2) Act 1968 (c. 37), s. 3(3), Sex Discrimination Act 1975 (c. 65), s. 25(2) and Race Relations Act 1976 (c. 74), s. 19(2)
C56S. 68 modified by Education (No.2) Act 1986 (c.61, SIF 41:1), s. 12(10), Sch. 2 para. 29(b)
C57S. 68 restricted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 23(2), 231(7), 235(6)
S. 68 restricted (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para. 6(4); S.I. 1994/2038, art. 3, Sch.2.
C58S. 68 extended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 219(2), 231(7), 235(6)
C59S. 68 extended (22.8.1991) by School Teacher's Pay and Conditions Act 1991 (c. 49, SIF 41:1), s. 5(5); S.I. 1991/1874, art. 2
C60S. 68 extended
C61S. 68 extended (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 9; S.I. 1992/831, art. 2, Sch. 1
C62s. 68 applied (1.4.1994) by 1993 c. 35, s. 9(4); S.I. 1994/507, art. 3(1).
C63S. 68 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C64S. 68 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155
(2)Where any question is referred to the [F156Secretary of State for Education and Science] under this Part of this Act, then, if in the opinion of the [F156Secretary of State for Educationnand and Science] the examination of any pupil by a duly qualified medical practitioner appointed for the purpose by him would assist the determination of the question referred to him, the [F156Secretary of State for Education and Science] may by notice in writing served on the parent of that pupil . . . F157 require the parent to submit him . . . F157 for examination by such a practitioner; and if any person on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding [F158level 1 on the standard scale].
Textual Amendments
F155Ss. 69(1), 78(1), 79 repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F156Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F157Words repealed by Education Reform Act 1988 (c. 40, SIF 41), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
F158Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
Modifications etc. (not altering text)
C65Unreliable marginal note.
Modifications etc. (not altering text)
C66Functions of Secretary of State for Education and Science under Part III in relation to independent schools in Wales now exercisable by Secretary of State for Wales: S.I. 1970/1536, arts. 2(1), 5(1)
(1)The [F159Secretary of State for Education and Science] shall appoint one of his officers to be Registrar of Independent Schools; and it shall be the duty of the Registrar of Independent Schools to keep a register of all independent schools, which shall be open to public inspection at all reasonable times, and, subject as hereinafter provided, to register therein any independent school of which the proprietor makes application for the purpose in the prescribed manner and furnishes the prescribed particulars:
Provided that—
(a)no independent school shall be registered if, by virtue of an order made under the provisions hereinafter contained, the proprietor is disqualified from being the proprietor of an independent school or the school premises are disqualified from being used as a school, or if the school premises are used or proposed to be used for any purpose for which they are disqualified by virtue of any such order; and
(b)the registration of any school shall be provisional only until the [F159Secretary of State for Education and Science], after the school has been inspected on his behalf under the provisions of Part IV of this Act, gives notice to the proprietor that the registration is final.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160
(3)If after the expiration of six months from the date of the commencement of this Part of this Act any person—
(a)conducts an independent school (whether established before or after the commencement of that Part) which is not a registered school or a provisionally registered school; or
(b)being the proprietor of an independent school does any act calculated to lead to the belief that the school is a registered school while it is a provisionally registered school;
he shall be liable on summary conviction to a fine not exceeding [F161level 4 on the standard scale] or in the case of a second or subsequent conviction to a fine not exceeding [F161level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
[F162(3A)A person shall not be guilty of an offence under subsection (3)(a) above by reason of conducting a school at any time within the period of one month from the date on which it was first conducted (whether by that person or another) if an application for the registration of the school has been duly made within that period.]
[F163(4)The Secretary of State may by regulations make provision for requiring the proprietor of a registered or provisionally registered school to furnish the Registrar from time to time with such particulars relating to the school as may be prescribed and for enabling the Secretary of State to order the deletion from the register of the name of any school in respect of which any requirement imposed by or under the regulations is not complied with.
[F164(4A)Regulations made under subsection (4) above may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the Children Act 1989).]
F165(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Subordinate Legislation Made
P1S. 70: for previous exercises of power see Index to Government Orders
Textual Amendments
F159Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F160S. 70(2) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 34(2)
F161Words substituted by virtue of Criminal Law Act (c. 45, SIF 39:1) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(1), 46, Sch.3
F162S. 70(3A) inserted by Education Act 1980 (c. 20, SIF 41:1), s. 34(6)
F163S. 70(4)(5) substituted for s. 70(4) by Education Act 1980 (c. 20, SIF 41:1), s. 34(7)
F164S. 70(4A) inserted (1.1.1994) by 1993 c. 35, s. 292(2); S.I. 1993/3106, art. 4, Sch. 1
Modifications etc. (not altering text)
C67S. 70 amended by S.I. 1960/1536, art. 5(2)(3)(4)
C68S. 70(1) amended by Education Act 1980 (c. 20, SIF 41:1), s. 34(3)(4)
C69Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies
(1)If at any time the [F166Secretary of State for Education and Science] is satisfied that any registered or provisionally registered school is objectionable upon all or any of the following grounds—
(a)that the school premises or any parts thereof are unsuitable for a school;
(b)that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages, and sex of the pupils attending the school;
(c)that efficient and suitable instruction is not being provided at the school having regard to the ages and sex of the pupils attending thereat;
(d)that the proprietor of the school or any teacher employed therein is not a proper person to be the proprietor of an independent school or to be a teacher [F167or other employee] in any school, as the case may be;
[F168(e)there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by section 87 of the Children Act 1989 (welfare of children accommodated in independent schools);]
the [F166Secretary of State] shall serve upon the proprietor of the school a notice of complaint stating the grounds of complaint together with full particulars of the matters complained of, and, unless any of such matters are stated in the notice to be in the opinion of the [F166Secretary of State for Education and Science] irremediable, the notice shall specify the measures necessary in the opinion of the [F166Secretary of State for Education and Science] to remedy the matters complained of, and shall specify the time, not being less than six months after the service of the notice, within which such measures are thereby required to be taken.
(2)If it is alleged by any notice of complaint served under this section that any person employed as a teacher [F167or other employee]at the school is not a proper person to be a teacher [F167or other employee] in any school, that person shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him.
(3)Every notice of complaint served under this section and every copy of such a notice so served shall limit the time, not being less than one month after the service of the notice or copy, within which the complaint may be referred to an Independent Schools Tribunal under the provisions hereinafter contained.
[F169(4)If at any time the Secretary of State is satisfied that a person whose employment is prohibited or restricted by virtue of regulations under section 218(6) of the Education Reform Act 1988—
(a)is employed in a registered or provisionally registered school in contravention of those regulations, or
(b)is the proprietor of such a school,
he may order that the school be struck off the register or, as the case may be, that the Registrar is not to register the school.
(5)In this section, and in sections 72 and 73 of this Act, “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of nineteen years.]
Textual Amendments
F166Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F167Words in s. 71(1)(d) and (2) inserted (1.1.1994) by 1993 c. 35, s. 290(2); S.I. 1993/3106, art. 4, Sch. 1
F168S. 71(1)(e) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5)(6), Sch. 13 para. 9, Sch. 14 para. 1(1)
F169S. 71(4)(5) added (1.1.1994) by 1993 c. 35, s. 290(1); S.I. 1993/3106, art. 4, Sch.1
(1)Any person upon whom a notice of complaint or a copy of such a notice is served under the last foregoing section may, within the time limited by the notice, appeal therefrom by referring the complaint, in such manner as may be provided by rules made under this Part of this Act, to an Independent Schools Tribunal constituted in accordance with the provisions of the Sixth Schedule to this Act.
(2)Upon a complaint being referred to an Independent Schools Tribunal, the tribunal shall, after affording to all parties concerned an opportunity of being heard, and after considering such evidence as may be tendered by them or on their behalf, have power—
(a)to order that the complaint be annulled:
(b)to order that the school in respect of which the notice of complaint was served be struck off the register:
(c)to order that the school be so struck off unless the requirements of the notice, subject to such modifications, if any, as may be specified in the order are complied with to the satisfaction of the [F170Secretary of State for Education and Science] before the expiration of such time as may be specified in the order:
(d)if satisfied that the premises alleged by the notice of complaint to be unsuitable for use as a school or any part of such premises are in fact unsuitable for such use, by order to disqualify the premises or part from being so used, or, if satisfied that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages and sex of the pupils attending the school, by order to disqualify the premises from being used as a school for pupils exceeding such number or of such age or sex as may be specified in the order:
(e)if satisfied that any person alleged by the notice of complaint to be a person who is not proper to be the proprietor of an independent school or to be a teacher [F171or other employee] in any school is in fact such a person, by order to disqualify that person from being the proprietor of any independent school or from being a teacher [F171or other employee] in any school, as the case may be.
(3)Where a notice of complaint has been served under this Act on the proprietor of any school and the complaint is not referred by him to an Independent School Tribunal within the time limited in that behalf by the notice, the [F170Secretary of State for Education and Science] shall have power to make any order which such a tribunal would have had power to make if the complaint had been so referred:
Provided that, if it was alleged by the notice of complaint that any person employed as a teacher [F171or other employee] at the school is not a proper person to be a teacher [F171or other employee] in any school and that person has, within the time limited in that behalf by the copy of the notice served upon him, referred the complaint to an Independent Schools Tribunal, the [F170Secretary of State for Education and Science] shall not have power to make an order requiring his dismissal or disqualifying him from being a teacher [F171or other employee] in any school.
(4)Where by virtue of an order made by an Independent Schools Tribunal or by the [F170Secretary of State for Education and Science] any person is disqualified either from being the proprietor of an independent school or from being a teacher [F171or other employee] in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher [F171or other employee] in any school.
Textual Amendments
F170Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F171Words in s. 72(2)(e), (3) and (4) inserted (1.1.1994) by 1993 c. 35, s. 290(2); S.I. 1993/3106, art. 4, Sch. 1
(1)Where an order is made by the [F172Secretary of State for Education and Science] or by an Independent Schools Tribunal directing that any school be struck off the register, the Registrar of Independent Schools shall as from the date on which the direction takes effect strike the school off the register.
(2)If any person uses any premises for purposes for which they are disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding [F173level 4 on the standard scale] or in the case of a second or subsequent conviction (whether in respect of the same or other premises) to a fine not exceeding [F173level 4 on the standard scale], or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
(3)If any person acts as the proprietor of an independent school, or accepts or endeavours to obtain employment as a teacher [F174or other employee] in any school, while he is disqualified from so acting or from being so employed by virtue of any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding [F173level 4 on the standard scale] or in the case of a second or subsequent conviction to a fine not exceeding [F173level 4 on the standard scale], or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
(4)No proceedings shall be instituted for an offence against this Part of this Act except by or on behalf of the [F172Secretary of State for Education and Science.]
[F175(5)For the purposes of the foregoing provisions of this Part of this Act, a person who is disqualified by an order made under Part IV of the M5Education (Scotland) Act 1945 from being the proprietor of an independent school or from being a teacher in any school shall be deemed to be so disqualified by virtue of an order made under this Part of this Act.]
Textual Amendments
F172Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F173Words substituted by virtue of Criminal Law Act (c. 45, SIF 39:1) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(1), 46, Sch.3
F174Words in s. 73(3) inserted (1.1.1994) by 1993 c. 35, s. 290(2), S.I. 1993/3106, art. 4, Sch. 1
F175S. 73(5) inserted by Education Act 1946 (c. 50), Sch. 2 Pt. I
Modifications etc. (not altering text)
C70Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies
Marginal Citations
(1)If on the application of any person the [F176Secretary of State for Education and Science] is satisfied that any disqualification imposed by an order made under this Part of this Act is, by reason of any change of circumstances, no longer necessary, the [F176Secretary of State for Education and Science] may by order remove the disqualification.
(2)Any person who is aggrieved by the refusal of the [F176Secretary of State for Education and Science] to remove a disqualification so imposed may, within such time after the refusal has been communicated to him as may be limited by rules made under this Part of this Act, appeal to an Independent Schools Tribunal.
Textual Amendments
F176Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
Modifications etc. (not altering text)
C71S. 74 amended by S.I. 1970/1536, art. 5(1)
(1)The Lord Chancellor may, with the concurrence of the Lord President of the Council, make rules as to the practice and procedure to be followed with respect to the constitution of Independent Schools Tribunals, as to the manner of making appeals to such tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings, and, in particular, such rules may make provision requiring any such tribunal to sit at such places as may be directed in accordance with the rules, and may make provision as to appearance before such tribunals by counsel or solicitor . . . F177
(2)The provisions of the [F178M6Arbitration Act 1950], shall not apply to any proceedings before an Independent Schools Tribunal except so far as any provisions thereof may be applied thereto with or without modifications by rules made under this section.
(3)Every order of an Independent Schools Tribunal shall be registered by the Registrar of Independent Schools and shall be open to public inspection at all reasonable times.
Textual Amendments
F177Words repealed by Education Act 1976 (c. 81), s. 6(2)
F178Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
Marginal Citations
In the exercise and performance of all powers and duties conferred and imposed on them by [F179the Education Acts 1944 to 1993] the [F180Secretary of State for Education and Science][F181the funding authorities]and local education authorities shall have regard to the general principle that, so far as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents.
Textual Amendments
F179Words in s. 76 substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 20(a); S.I. 1993/1975, art. 9, Sch. 1
F180Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F181Words in s. 76 inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 20(b); S.I. 1994/507, art. 4(1), Sch.2.
Modifications etc. (not altering text)
C72S. 76 excluded (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 30(1), 36(10), 108(2)(6), Sch. 3 Part III para. 13(2)(b)(ii), Sch. 14 para. 1(1)
(1)In this section the expression “educational establishment” means F183. . ., [F184an institution within the PCFC funding sector or an institution which is maintained or assisted by a local education authority and provides higher education or further education (or both)]; and if the persons responsible for the management of any institution which is not an educational establishment within the foregoing definition request the [F185Secretary of State] or any local education authority to cause an inspection of that institution to be made under the powers conferred by this section, the institution shall, for the purposes of that inspection, be deemed to be also included within that definition.
(2)It shall be the duty of the [F185Secretary of State for Education and Science] to cause inspections to be made of every educational establishment at such intervals as appear to him to be appropriate, and to cause a special inspection of any such establishment to be made whenever he considers such an inspection to be desirable; and for the purpose of enabling such inspections to be made on behalf of the [F185Secretary of State for Education and Science], inspectors may be appointed by His Majesty on the recommendation of the [F185Secretary of State for Education and Science], and persons may be authorised by the [F185Secretary of State for Education and Science] to assist such inspectors and to act as additional inspectors:
Provided that the [F185Secretary of State for Education and Science] shall not be required by virtue of this subsection to cause inspections to be made of any educational establishment during any period during which he is satisfied that suitable arrangements are in force for the inspection of that establishment otherwise than in accordance with this subsection.
(3)Any local education authority may cause an inspection to be made of any educational establishment maintained by the authority, and such inspections shall be made by officers appointed by the local education authority.
(4)If any person obstructs any person authorised to make an inspection in pursuance of the provisions of this section in the execution of his duty, he shall be liable on summary conviction to a fine not exceeding [F186level 4 on the standard scale], or, in the case of a second or subsequent conviction, to a fine not exceeding [F186level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
F187(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F188(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F182S. 77 ceased to have effect in relation to any institution other than a school (1.9.1992 for specified purposes and otherwise 1.4.1993) by virtue of Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 10; (E.) S.I. 1992/831, art. 3; (W.) S.I. 1992/2377, art. 3
F183Words in s. 77(1) repealed (1.9.1993 in relation to secondary schools and 1.9.1994 in relation to other schools) by Education (Schools) Act 1992 (c. 38), s. 21(7)(8), Sch. 4, para. 1(a), Sch. 5; S.I. 1993/1491, art. 3(2)
F184Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 57
F185Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F186Words substituted by virtue of Criminal Law Act (c. 45, SIF 39:1) and of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39(1), 46, Sch.3
F187S. 77(5) repealed (1.9.1993 in relation to secondary schools and 1.9.1994 in relation to other schools) by Education (Schools) Act 1992 (c. 38), s. 21(8), Sch. 5; S.I. 1993/1491, art. 3(2)
F188S. 77(6) repealed (12.6.1993) by Education (Schools) Act 1992 (c. 38), s. 21(8), Sch. 5; S.I. 1993/1491, art. 3(1)
Modifications etc. (not altering text)
C73Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 35 (in relation to liability on first and subsequent convictions) applies
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189
(2)A local education authority may, with the consent of the proprietor of any school in their area which is not a school maintained by the authority, and upon such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school, make arrangements for securing—
(a)the provision of milk, meals and other refreshment for pupils in attendance at the school; . . . F190
Provided that any arrangements made under this subsection shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision under the arrangements of any service or article shall not exceed the expense which would have been incurred by them in the provision thereof if the pupil had been a pupil at a school maintained by them.
Textual Amendments
F189Ss. 69(1), 78(1), 79 repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F190Words repealed by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 2 and National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
Modifications etc. (not altering text)
C74S. 78(2)(a) extended by Education Act 1980 (c. 20, SIF 41:1), s. 22(5)
Textual Amendments
(1)The proprietor of every school (that is to say in the case of a county school or voluntary school the . . . F192 governors thereof [F193and in the case of a grant-maintained school the governing body of the school]) shall cause to be kept in accordance with regulations made by the [F194Secretary of State for Education and Science] a register containing the prescribed particulars with respect to all persons . . . F195 who are pupils at the school, and such regulations may make provision for enabling such registers to be inspected, for enabling extracts therefrom to be taken for the purposes of this Act by persons duly authorised in that behalf under the regulations, and for requiring the persons by whom any such register is required to be kept to make to the [F194Secretary of State [F196to the funding authorities] for Education and Science], and to local education authorities, such periodical or other returns as to the contents thereof as may be prescribed.
[F197(1A)Without prejudice to the generality of subsection (1) of this section, the prescribed particulars shall include particulars of the name and address of every person known to the proprietor of the school to be a parent of a pupil at the school.]
(2)If any person contravenes or fails to comply with any requirement imposed on him by regulations made under this section, he shall be liable on summary conviction to a fine not exceeding [F198level 1 on the standard scale].
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199
Subordinate Legislation Made
P2S. 80: s. 80 power exercised by S.I. 1991/1582
P3S. 80: power previously exercised by S.I. 1987/1285 and 1988/1185.
Textual Amendments
F192Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F193Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 5
F194Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F195Words repealed by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 2
F196Words in s. 80(1) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 21; S.I. 1994/507, art. 4(1), Sch.2.
F197S. 80(1A) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 58
F198Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Modifications etc. (not altering text)
C75S. 80 amended by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 4(6)
C76S. 80(1) applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.
C77S. 80(1) applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.
Regulations shall be made by the [F200Secretary of State for Education and Science] empowering local education authorities, for the purpose of enabling [F201persons] to take advantage without hardship to themselves or their parents of any educational facilities available to them—
(a)to defray such expenses of children attending county schools, voluntary schools, [F202grant-maintained schools], or special schools, as may be necessary to enable them to take part in any school activities:
(b)to pay the whole or any part of the fees and expenses payable in respect of children attending schools at which fees are payable:
X1(c)to grant scholarships, exhibitions, bursaries, and other allowances in respect of [F203persons] over compulsory school age F204. . .
(d)to grant allowances in respect of any child in respect of whom any scholarship exhibition bursary or other allowance has been granted by a former authority before the date of the commencement of Part II of this Act.
Editorial Information
X1S. 81(c) repealed in relation to courses to which Education Act 1962 (c. 2), ss. 1 and 2(1) apply and in relation to training of teachers by Education Act 1962 (c. 12), s. 4(4)-(6)
Textual Amendments
F200Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F201Word in s. 81 substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 11(a); S.I. 1992/831, art. 2, Sch. 3
F202Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 6
F203Word in s. 81(c) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8, Pt. I para. 11(b)(i); S.I. 1992/831, art.2, Sch. 3
F204Words in s. 81(c) omitted (1.4.1993) by virtue of Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 11(b)(ii); S.I. 1992/831, art. 2, Sch. 3
A local education authority may, . . . F205 make such provision for conducting or assisting the conduct of research as appears to the authority to be desirable for the purpose of improving the educational facilities provided for their area.
Textual Amendments
F205Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206 A local education authority may organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and may expend such sums as may be reasonable in paying or contributing towards any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend any such conference.
Textual Amendments
F206Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
Textual Amendments
F207Ss. 60, 61, 84 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
(1)Subject to the provisions of this section, a local education authority shall have power, and any such authority or any former authority shall be deemed always to have had power, to accept hold and administer any property upon trust for purposes connected with education.
[F208(2)Any intention on the part of a local education authority that a school F209. . . (other than a nursery school or a special school) should be vested in the authority as trustees shall be treated for the purposes of subsection (1) of section 12 of the Education Act 1980 as an intention on the part of the authority to maintain the school as a county school; and accordingly proposals for that purpose shall be published and submitted as required by that section, and the other provisions of that section and of sections 14 and 16 of that Act shall apply as in a case where a local education authority intend to maintain a school as a county school.
(3)Any school F209. . . which in accordance with subsection (2) above is vested in a local education authority as trustees shall be a county school.]
Textual Amendments
F208S. 85(2)(3) substituted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 3
F209Words in s. 85(2) and (3) repealed (1.4.1993) by Further and HIgher Education Act 1992 (c. 13), s. 93(1)(2), Sch. 8, Pt. I para. 12, Sch.9; S.I. 1992/831, art.2, Sch. 3
Textual Amendments
F210S. 86 repealed by Education Act 1973 (c. 16), Sch. 2 Pt. II
Textual Amendments
F211S. 87 repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II
The duties of a local education authority with respect to the appointment of officers under the provisions of the [F212M7Local Government Act, 1972], shall, without prejudice to the generality of those provisions, include the duty of appointing a fit person to be the chief education officer of the authority, . . . F213
Textual Amendments
F212Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F213Words repealed by Local Government Act 1972 (c. 70), Sch. 30
Modifications etc. (not altering text)
C78S. 88 extended by London Government Act 1963 (c. 33), s. 30(4)
Marginal Citations
Textual Amendments
F214S. 89 repealed by Renumeration of Teachers Act 1965 (c. 3), s. 7(6)
(1)A local education authority may be authorised [F215by the [F216Secretary of State for Education and Science]] to purchase compulsorily any land, whether situate within or without the area of the authority, which is required for the purposes of any school or [F217institution] which is, or is to be, maintained by them [F218or which they have the power to assist], or otherwise for the purposes of their functions under this Act; . . . F219
Provided that the [F216Secretary of State for Education and Science] shall not [F215authorise] the purchase of any land required for the purposes of a voluntary school unless he is satisfied that the arrangements made as to the vesting of the land to be purchased, and as to the appropriation thereof for those purposes, are such as to secure that the expenditure ultimately borne by the local education authority will not include any expenditure which, if the land had been purchased by the . . . F220 governors of the school, would have fallen to be borne by the . . . F220 governors.
[F221(1A)The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).]
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222
Textual Amendments
F215Words substituted by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 4
F216Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F217Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 59
F218Words inserted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 10(1)
F219Words repealed by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 6
F220Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F221S. 90(1A) inserted (1.10.1993) by 1993 c. 35, s. 282(3); S.I. 1993/1975, art. 9, Sch. 1
F222SS. 90(2)(3), 97 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
Textual Amendments
F223S. 91 repealed by Local Government Act 1972 (c. 70), Sch. 30
Every local education authority shall make to the [F224Secretary of State for Education and science] such reports and returns and give to him such information as he may require for the purpose of the exercise of his functions under this Act.
Textual Amendments
F224Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
The [F225Secretary of State for Education and Science] may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act; and the provisions of subsections (2) (3) (4) and (5) of section [F226two hundred and fifty of the M8Local Government Act 1972] shall have effect with respect to any such inquiry . . . F227
Textual Amendments
F225Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F226Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F227Words spent
Modifications etc. (not altering text)
C79S. 93 applied (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 57(6); S.I. 1992/831, art. 2, Sch. 3
Marginal Citations
(1)Where in any proceedings under this Act the person by whom the proceedings are brought alleges that any person whose age is material to the proceedings is under, of, or over, any age, and satisfies the court that having used all reasonable diligence to obtain evidence as to the age of that person he has been unable to do so, then, unless the contrary is proved, the court may presume that person to be under, of, or over, the age alleged.
(2)In any legal proceedings any document purporting to be—
(a)a document issued by a local education authority, and to be signed by the clerk of that authority or by the chief education officer of that authority or by any other officer of the authority authorised to sign it;
(b)an extract from the minutes of the proceedings of the . . . F232 governors of any county school or voluntary school, and to be signed by the chairman of the . . . F232 governors or by their clerk;
(c)a certificate giving particulars of the attendance of a child or young person at a school or at a county college, and to be signed by the head teacher of the school or college; or
(d)a certificate issued by a medical officer of a local education authority and to be signed by such an officer;
shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to have been signed by the person by whom it purports to have been signed, without proof of his identity, signature, or official capacity, and any such extract or certificate as is mentioned in paragraph (b) (c) or (d) of this subsection shall be evidence of the matters therein stated.
Textual Amendments
F232Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
Modifications etc. (not altering text)
C81S. 95(1) excluded by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 9(2)
S. 95(1) excluded (1.10.1993) by 1993 c. 35, s. 200(3); S.I. 1993/1975, art. 9, Sch. 1
(1)If upon the application of a former authority the Minister is satisfied with respect to any property which was immediately before the date of the commencement of Part II of this Act held by that authority for the purposes of functions exercisable by them under the Education Acts 1921 to 1939, that, although the property was so held, it was held upon trust for purposes of such a nature that the transfer thereof to a local education authority would be inexpedient, the Minister may by order direct that the property shall be deemed not to have been transferred by virtue of section six of this Act to the local education authority for the county in which the area of the former authority is situated.
(2)Where any question arises as to whether any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, that question shall be determined by the Minister.
(3)Where any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, the local education authority and the former authority may by agreement provide for the making of such adjustments in relation to their respective property, rights, and liabilities, as appear to the authorities to be desirable having regard to the transfer, and any such agreements may, in particular, provide for the making of payments by either party thereto.
(4)Where it appears to the Minister that having regard to any such transfer it is desirable that any such adjustment as aforesaid (including any payment by either of the authorities concerned) should be made, he may, subject to any agreement made under the last foregoing subsection, by directions make provision for that adjustment.
(5)Where at the commencement of Part II of this Act any former authority were parties to any proceedings pending with respect to any property, rights, or liabilities, which by virtue of this Act are transferred from the former authority to a local education authority, the proceedings may be carried on thereafter with the substitution of the local education authority for the former authority as parties thereto.
Modifications etc. (not altering text)
C82Functions of the Minister now exercisable by the Secretary of State for Education and Science: S.I. 1964/490, art. 2(1)
Textual Amendments
F233SS. 90(2)(3), 97 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
(1)If in consequence of the extinguishment or transfer by this Act of any functions exercisable by the council of any county district, or the transfer by this Act of any officers employed by any such council, any person who, immediately before the date of the commencement of Part II of this Act, was an officer employed by that council or by the council of the county in which the county district is situated suffers direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation under this subsection from the local education authority for the area in which the county district is situated; and, for the purposes of any claim for compensation under this subsection, the provisions of subsections (2) and (3) of section one hundred and fifty of the M11Local Government Act 1933, shall have effect as if:—
(a)the extinguishment or transfer had been effected by virtue of an order made by the Minister of Health under Part VI of the said Act of 1933 and coming into operation upon the date of the commencement of Part II of this Act; and
(b)the expression “existing officer,” in those subsections, meant any person who, immediately before the said date, was an officer employed by the council of a county or county district in connection with any functions exercisable by that council under any enactment repealed or amended by this Act.
(2)If, in consequence of any school becoming a special agreement school or a controlled school, or in consequence of the discontinuance within six years after the passing of this Act of any school maintained by a local education authority, any person who was a teacher in the school immediately before it became a special agreement school or a controlled school, or before the school was discontinued, as the case may be, suffers direct pecuniary loss by reason of his dismissal or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation from the authority under this section.
(3)For the purposes of the determination and payment of compensation under this section, the provisions of the Fourth Schedule to the M12Local Government Act 1933 shall have effect subject to the following modifications, that is to say:—
(a)references therein to the Minister shall be construed as references to the Minister of Education, and sub-paragraph (1) of paragraph 1 thereof shall have effect as if after the word “prescribed” there were inserted the words “by the Minister of Education”;
(b)references therein to a scheme or order shall be construed as references to this Act; and
(c)any period during which a person has been engaged in war service within the meaning of the M13Local Government Staffs (War Service) Act 1939, shall be reckoned for the purposes of the said Schedule as a period of service in his office, and where any such period is so reckoned, his emoluments during that period shall, for the purposes of sub-paragraph (2) of paragraph 4 of the said Schedule, be deemed to be such as he would have received if he had not been engaged in war service.
Modifications etc. (not altering text)
C83Functions of the Minister of Education now exercisable by the Secretary of State for Education and Science: S.I. 1964/490, art. 2(1)
Marginal Citations
(1)If the [F235Secretary of State for Education and Science] is satisfied, either upon complaint by any person interested or otherwise, that any local education authority, or the . . . F234 governors of any county school or voluntary school, have failed to discharge any duty imposed upon them by or for the purposes of this Act, the [F235Secretary of State for Education and Science] may make an order declaring the authority, or the . . . F234 governors, as the case may be, to be in default in respect of that duty, and giving such directions for the purpose of enforcing the execution thereof as appear to the [F235Secretary of State for Education and Science] to be expedient; and any such directions shall be enforceable, on an application made on behalf of the [F235Secretary of State for Education and Science], by mandamus.
(2)Where it appears to the [F235Secretary of State for Education and Science] that by reason of the default of any person there is no properly constituted body of . . . F234 governors of any county school or voluntary school, the [F235Secretary of State for Education and Science] may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted body of . . . F234 governors thereof, and may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.
(3)Where it appears to the [F235Secretary of State for Education and Science] that a local education authority have made default in the discharge of their duties relating to the maintenance of a voluntary school, the [F235Secretary of State for Education and Science] may direct that any act done by or on behalf of the . . . F234 governors of the school for the purpose of securing the proper maintenance thereof shall be deemed to have been done by or on behalf of the authority, and may reimburse to the . . . F234 governors any sums which in his opinion they have properly expended for that purpose; and the amount of any sum so reimbursed shall be a debt due to the Crown from the authority, and, without prejudice to any other method of recovery, the whole or any part of such a sum may be deducted from any sums payable to the authority by the [F235Secretary of State for Education and Science] in pursuance of any regulations relating to the payment of grants.
Textual Amendments
F234Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F235Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
Modifications etc. (not altering text)
C84S. 99 extended by Local Government Act 1958 (c. 55), Sch. 8 paras. 16(1), 35, Education (No. 2) Act 1968 (c. 37), s. 3(3), Sex Discrimination Act 1975 (c. 65), s. 25(2) and Race Relations Act 1976 (c. 74), s. 19(2)
C85S. 99 restricted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 23(2), 231(7), 235(6)
S. 99 restricted (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para. 6(4); S.I. 1994/2038, art. 3, Sch.2.
C86S. 99(1)(2) modified by Education (No.2) Act 1986 (c. 61, SIF 41), s. 12(10), Sch. 2 para. 29(c)
C87S. 99(1)(2) extended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 219(3), 231(7), 235(6)
C88S. 99(1) extended (22.8.1991) by School Teacher's Pay and Conditions Act 1991 (c. 49, SIF 41:1), s. 5(5); S.I. 1991/1874, art.2
C89S. 99(1) applied (1.4.1994) by 1993 c. 35, s. 9(4); S.I. 1994/507, art.3(1).
C90S. 99(1)(2) applied (1.4.1994) by 1994/653, reg. 42(1), Sch. Pt.I.
C91S. 99(1)(2) applied (9.5.1994) by 1994/1084, reg. 8(1), Sch. 2 Pt.I.
The duties of a local education authority with respect to the appointment of officers under the provisions of the [F212M7Local Government Act, 1972], shall, without prejudice to the generality of those provisions, include the duty of appointing a fit person to be the chief education officer of the authority, . . . F213
Textual Amendments
F212Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F213Words repealed by Local Government Act 1972 (c. 70), Sch. 30
Modifications etc. (not altering text)
C78S. 88 extended by London Government Act 1963 (c. 33), s. 30(4)
Marginal Citations
Textual Amendments
F214S. 89 repealed by Renumeration of Teachers Act 1965 (c. 3), s. 7(6)
(1)A local education authority may be authorised [F215by the [F216Secretary of State for Education and Science]] to purchase compulsorily any land, whether situate within or without the area of the authority, which is required for the purposes of any school or [F217institution] which is, or is to be, maintained by them [F218or which they have the power to assist], or otherwise for the purposes of their functions under this Act; . . . F219
Provided that the [F216Secretary of State for Education and Science] shall not [F215authorise] the purchase of any land required for the purposes of a voluntary school unless he is satisfied that the arrangements made as to the vesting of the land to be purchased, and as to the appropriation thereof for those purposes, are such as to secure that the expenditure ultimately borne by the local education authority will not include any expenditure which, if the land had been purchased by the . . . F220 governors of the school, would have fallen to be borne by the . . . F220 governors.
[F221(1A)The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).]
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222
Textual Amendments
F215Words substituted by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 4
F216Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F217Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 59
F218Words inserted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 10(1)
F219Words repealed by Acquisition of Land (Authorisation Procedure) Act 1946 (c. 49), Sch. 6
F220Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F221S. 90(1A) inserted (1.10.1993) by 1993 c. 35, s. 282(3); S.I. 1993/1975, art. 9, Sch. 1
F222SS. 90(2)(3), 97 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
Textual Amendments
F223S. 91 repealed by Local Government Act 1972 (c. 70), Sch. 30
Every local education authority shall make to the [F224Secretary of State for Education and science] such reports and returns and give to him such information as he may require for the purpose of the exercise of his functions under this Act.
Textual Amendments
F224Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
The [F225Secretary of State for Education and Science] may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act; and the provisions of subsections (2) (3) (4) and (5) of section [F226two hundred and fifty of the M8Local Government Act 1972] shall have effect with respect to any such inquiry . . . F227
Textual Amendments
F225Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F226Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F227Words spent
Modifications etc. (not altering text)
C79S. 93 applied (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 57(6); S.I. 1992/831, art. 2, Sch. 3
Marginal Citations
(1)If upon the application of a former authority the Minister is satisfied with respect to any property which was immediately before the date of the commencement of Part II of this Act held by that authority for the purposes of functions exercisable by them under the Education Acts 1921 to 1939, that, although the property was so held, it was held upon trust for purposes of such a nature that the transfer thereof to a local education authority would be inexpedient, the Minister may by order direct that the property shall be deemed not to have been transferred by virtue of section six of this Act to the local education authority for the county in which the area of the former authority is situated.
(2)Where any question arises as to whether any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, that question shall be determined by the Minister.
(3)Where any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, the local education authority and the former authority may by agreement provide for the making of such adjustments in relation to their respective property, rights, and liabilities, as appear to the authorities to be desirable having regard to the transfer, and any such agreements may, in particular, provide for the making of payments by either party thereto.
(4)Where it appears to the Minister that having regard to any such transfer it is desirable that any such adjustment as aforesaid (including any payment by either of the authorities concerned) should be made, he may, subject to any agreement made under the last foregoing subsection, by directions make provision for that adjustment.
(5)Where at the commencement of Part II of this Act any former authority were parties to any proceedings pending with respect to any property, rights, or liabilities, which by virtue of this Act are transferred from the former authority to a local education authority, the proceedings may be carried on thereafter with the substitution of the local education authority for the former authority as parties thereto.
Modifications etc. (not altering text)
C82Functions of the Minister now exercisable by the Secretary of State for Education and Science: S.I. 1964/490, art. 2(1)
Textual Amendments
F233SS. 90(2)(3), 97 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
(1)If in consequence of the extinguishment or transfer by this Act of any functions exercisable by the council of any county district, or the transfer by this Act of any officers employed by any such council, any person who, immediately before the date of the commencement of Part II of this Act, was an officer employed by that council or by the council of the county in which the county district is situated suffers direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation under this subsection from the local education authority for the area in which the county district is situated; and, for the purposes of any claim for compensation under this subsection, the provisions of subsections (2) and (3) of section one hundred and fifty of the M11Local Government Act 1933, shall have effect as if:—
(a)the extinguishment or transfer had been effected by virtue of an order made by the Minister of Health under Part VI of the said Act of 1933 and coming into operation upon the date of the commencement of Part II of this Act; and
(b)the expression “existing officer,” in those subsections, meant any person who, immediately before the said date, was an officer employed by the council of a county or county district in connection with any functions exercisable by that council under any enactment repealed or amended by this Act.
(2)If, in consequence of any school becoming a special agreement school or a controlled school, or in consequence of the discontinuance within six years after the passing of this Act of any school maintained by a local education authority, any person who was a teacher in the school immediately before it became a special agreement school or a controlled school, or before the school was discontinued, as the case may be, suffers direct pecuniary loss by reason of his dismissal or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation from the authority under this section.
(3)For the purposes of the determination and payment of compensation under this section, the provisions of the Fourth Schedule to the M12Local Government Act 1933 shall have effect subject to the following modifications, that is to say:—
(a)references therein to the Minister shall be construed as references to the Minister of Education, and sub-paragraph (1) of paragraph 1 thereof shall have effect as if after the word “prescribed” there were inserted the words “by the Minister of Education”;
(b)references therein to a scheme or order shall be construed as references to this Act; and
(c)any period during which a person has been engaged in war service within the meaning of the M13Local Government Staffs (War Service) Act 1939, shall be reckoned for the purposes of the said Schedule as a period of service in his office, and where any such period is so reckoned, his emoluments during that period shall, for the purposes of sub-paragraph (2) of paragraph 4 of the said Schedule, be deemed to be such as he would have received if he had not been engaged in war service.
Modifications etc. (not altering text)
C83Functions of the Minister of Education now exercisable by the Secretary of State for Education and Science: S.I. 1964/490, art. 2(1)
Marginal Citations
(1)If the [F235Secretary of State for Education and Science] is satisfied, either upon complaint by any person interested or otherwise, that any local education authority, or the . . . F234 governors of any county school or voluntary school, have failed to discharge any duty imposed upon them by or for the purposes of this Act, the [F235Secretary of State for Education and Science] may make an order declaring the authority, or the . . . F234 governors, as the case may be, to be in default in respect of that duty, and giving such directions for the purpose of enforcing the execution thereof as appear to the [F235Secretary of State for Education and Science] to be expedient; and any such directions shall be enforceable, on an application made on behalf of the [F235Secretary of State for Education and Science], by mandamus.
(2)Where it appears to the [F235Secretary of State for Education and Science] that by reason of the default of any person there is no properly constituted body of . . . F234 governors of any county school or voluntary school, the [F235Secretary of State for Education and Science] may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted body of . . . F234 governors thereof, and may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.
(3)Where it appears to the [F235Secretary of State for Education and Science] that a local education authority have made default in the discharge of their duties relating to the maintenance of a voluntary school, the [F235Secretary of State for Education and Science] may direct that any act done by or on behalf of the . . . F234 governors of the school for the purpose of securing the proper maintenance thereof shall be deemed to have been done by or on behalf of the authority, and may reimburse to the . . . F234 governors any sums which in his opinion they have properly expended for that purpose; and the amount of any sum so reimbursed shall be a debt due to the Crown from the authority, and, without prejudice to any other method of recovery, the whole or any part of such a sum may be deducted from any sums payable to the authority by the [F235Secretary of State for Education and Science] in pursuance of any regulations relating to the payment of grants.
Textual Amendments
F234Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F235Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
Modifications etc. (not altering text)
C84S. 99 extended by Local Government Act 1958 (c. 55), Sch. 8 paras. 16(1), 35, Education (No. 2) Act 1968 (c. 37), s. 3(3), Sex Discrimination Act 1975 (c. 65), s. 25(2) and Race Relations Act 1976 (c. 74), s. 19(2)
C85S. 99 restricted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 23(2), 231(7), 235(6)
S. 99 restricted (1.9.1994) by 1993 c. 35, s. 298, Sch. 18 para. 6(4); S.I. 1994/2038, art. 3, Sch.2.
C86S. 99(1)(2) modified by Education (No.2) Act 1986 (c. 61, SIF 41), s. 12(10), Sch. 2 para. 29(c)
C87S. 99(1)(2) extended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 219(3), 231(7), 235(6)
C88S. 99(1) extended (22.8.1991) by School Teacher's Pay and Conditions Act 1991 (c. 49, SIF 41:1), s. 5(5); S.I. 1991/1874, art.2
C89S. 99(1) applied (1.4.1994) by 1993 c. 35, s. 9(4); S.I. 1994/507, art.3(1).
C90S. 99(1)(2) applied (1.4.1994) by 1994/653, reg. 42(1), Sch. Pt.I.
C91S. 99(1)(2) applied (9.5.1994) by 1994/1084, reg. 8(1), Sch. 2 Pt.I.
(1)The [F236Secretary of State for Education and Science] shall by regulations make provision:—
(a)for the payment by him to local education authorities of annual grants in respect of the expenditure incurred by such authorities;
[F237(i), (ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F238
(iii)in the removal of works constructed for the purposes of air-raid precautions or of temporary works constructed for defence purposes by or on behalf of the Secretary of State, the Admiralty or the Minister of Home Security in pursuance of Regulation fifty or fifty-one of the Defence (General) Regulations, 1939, or by agreement, and in the reinstatement of premises so far as it is rendered necessary by any such removal;]
(b)for the payment by him to persons other than local education authorities of grants in respect of expenditure incurred or to be incurred [F239by them for the purposes of, or in connection with, the provision (or proposed provision) of educational services] or for the purposes of educational research; and
(c)for the payment by him, for the purpose of enabling pupils to take advantage without hardship to themselves or their parents of any educational facilities available to them, of the whole or any part of the fees and expenses payable in respect of children attending schools at which fees are payable, . . . F240
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F241
(3)Any regulations made by the [F236Secretary of State for Education and Science] . . . F242 under this section may make provision whereby the making of payments by him in pursuance thereof is dependent upon the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring local education authorities and other persons to whom payments have been made in pursuance thereof to comply with such requirements as may be so determined.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F243
(5)Nothing in this section shall affect any grants in aid of university education payable out of moneys provided by Parliment otherwise than in accordance with the provisions of this Act.
Subordinate Legislation Made
P4S. 100(1) and (3): s. 100(1) (with s. 100(3) and 111A) power exercised by S.I.1991/1975
P5S. 100(1)(b) and (3): s. 100(1)(b) (with s. 100(3)) power exercised by S.I. 1991/1831
For previous exercises of power see Index to Government Orders
Textual Amendments
F236Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F237Words substituted by Local Government Act 1958 (c. 55), Sch. 8 paras. 16(2), 35
F238S. 100(1)(a)(i)(ii) repealed by Education Act 1980 (c.20, SIF 41:1), s. 38(6), Sch. 7
F239Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 213(3), 231(7), 235(6)
F240Words repealed by Education Act 1962 (c. 12), s. 13, Sch. 2
F241Ss. 100(2), 101 repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II
F242Words repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II
F243S. 100(4) repealed by Education Act 1973 (c. 16), Sch. 2 Pt. II
Textual Amendments
F244Ss. 100(2), 101 repealed by Local Government Act 1958 (c. 55), s. 67, Sch. 9 Pt. II
Textual Amendments
F245Ss. 102, 103 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 22, Sch. 21 Pt.II; S.I. 1993/3106, art. 4, Sch. 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F246Ss. 102, 103 repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 22, Sch. 21 Pt.II: S.I. 1993/3106, art. 4, Sch.1
Textual Amendments
F247S. 104 repealed by Education Act 1967 (c. 3), s. 1(5)(b)
(1)If upon the application of the . . . F248 governors of any aided school or special agreement school the [F249Secretary of State for Education and Science] is satisfied after consultation with persons representing them that their share of any initial expenses required in connection with the school premises will involve capital expenditure which, in his opinion having regard to all the circumstances of the case, ought properly to be met by borrowing, he may make to the . . . F248 governors of the school for the purpose of helping them to meet that expenditure, a loan of such amount at such rate of interest and otherwise on such terms and conditions as may be specified in an agreement made between him and them with the consent of the Treasury.
(2)For the purposes of this section, the expression “initial expenses” means in relation to any school premises—
(a)expenses to be incurred in defraying the cost of any alterations required by the development plan approved by the [F249Secretary of State for Education and Science] for the area;
(b)expenses to be incurred in pursuance of any special agreement;
[F250(c)(i) expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises [F251or on a transfer of the school to a new site], being expenses in respect of which [F252grants under section 281 of the Education Act 1993] may be paid;
(ii)expenses to be incurred in providing school buildings on a site to which the school is to be transferred under the authority of an order under section 16(1) of this Act;
(iii)expenses to be incurred in providing a site or school buildings for a new school [F253which by virtue of an order under section 16(2) of this Act is deemed to be in substitution for a discontinued school or schools]];
F254(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and the . . . F248 governors’ share of any such initial expenses shall be taken to be so much thereof as remains to be borne by them after taking into account the amount of any F255. . . grant under a special agreement, or grant under [F256section 281 of the Education Act 1993], as may be paid or payable in respect of those expenses.
(3)If upon an application being made to him under subsection (2) of section fifteen of this Act for an order directing that a school shall be an aided school or a special agreement school it appears to the [F249Secretary of State for Education and Science] that the area served by the school will not be also served by any county school or controlled school, then, unless he is satisfied that the . . . F248 governors of the school will be able to defray the expenses which would fall to be borne by them under paragraph (a) of subsection (3) of that section without the assistance of a loan under this section, the [F249Secretary of State for Education and Science] shall consult such persons or bodies of persons as appear to him to be representative of any [F257religion or] religious denomination which, in his opinion having regard to the circumstances of the area, is likely to be concerned; and, unless after such consultation he is satisfied that the holding of a local inquiry is unnecessary, shall cause such inquiry to be held before determining the application.
Textual Amendments
F248Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F249Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F250S. 105(2)(c) substituted by Education Act 1968 (c. 17), Sch. 1 para. 4(2)
F251Words in s. 105(2)(c)(i) inserted(1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(a)(i); S.I. 1993/1975, art. 9, Sch. 1
F252Words in s. 105(2)(c)(i) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(a)(i); S.I. 1993/1975, art. 9, Sch. 1
F253Words in s. 105(2)(c)(iii) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(a)(ii); S.I. 1993/3106, art. 4, Sch. 1
F254S. 105(2)(d) repealed (1.1.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 23(a)(iii), Sch. 21 Pt.II; S.I. 1993/3106, art. 4, Sch. 1
F255Words in s. 105(2) repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 23(a)(iv), Sch. 21 Pt. II; S.I. 1993/3106, art. 4, Sch. 1
F256Words in s. 105(2) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(a)(iv); S.I. 1993/3106, art. 4, Sch. 1
F257Words in s. 105(3) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 23(b); S.I. 1994/507, art. 4(1), Sch.2.
Modifications etc. (not altering text)
C92Unreliable marginal note.
Textual Amendments
F258Ss. 106, 108—110, 114(4) and Sch. 7 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. IV
Textual Amendments
F259S. 107 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. V
Textual Amendments
F260Ss. 106, 108—110, 114(4) and Sch. 7 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. IV
Any order made or directions given by the [F261Secretary of State for Education and Science], the [F262Secretary of State for Social Services], or a local education authority under the provisions of this Act may be varied or revoked by a further order or further directions made or given by the [F261Secretary of State for Education and Science], the [F262Secretary of State for Social Services], or that authority, as the case may be:
Provided that where the power to make or give any such order or directions is exercisable only upon the application or with the consent of any person or body of persons, or after consultation with any person or body of persons, or otherwise subject to any conditions, no order or directions made or given thereunder shall be varied or revoked except upon the like application, with the like consent, after the like consultation, or subject to the like conditions, as the case may be.
Textual Amendments
F261Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F262Words substituted by virtue of S.I. 1968/1699, art. 5(4)(a)
Modifications etc. (not altering text)
C94S. 111 extended (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 89(5); S.I. 1992/831, art.2, Sch. 1
S. 111 extended (1.10.1993) by 1993 c. 35, s. 260(8); S.I. 1993/1975, art. 9, Sch.1
C95S. 111 applied (27.7.1993) by 1993 c. 35, s. 301(7)
(1)Regulations under this Act may make in relation to Wales provision different from that made in relation to England.
(2)Subsection (1) above is without prejudice to any express or implied power to make different provision for different cases or circumstances.]
Subordinate Legislation Made
P6S. 111A: s. 100(1) (with ss. 100(3) and 111A) power exercised by S.I.1991/1975
For previous exercises of power see Index to Government Orders
Textual Amendments
F263S. 111A inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 229(1), 231(7), 235(6)
All regulations made under this Act shall be laid before Parliament as soon as may be after they are made, and if either House of Parliament, within the period of forty days beginning with the day on which any such regulations are laid before it, resolves that the regulations be annulled, the regulations shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new regulations.
In reckoning any such period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
Any [F264order, notice or other document] required or authorised by this Act to be served upon any person may be served by delivering it to that person, or by leaving it at his usual or last known place of residence, or by sending it in a pre-paid letter addressed to him at that place.
Textual Amendments
F264Words substituted by Education Act 1946 (c. 50), Sch. 2 Pt. I
(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—
“Agreed syllabus” means, subject to the provisions of subsection (4) of this section, an agreed syllabus of religious [F265education] prepared in accordance with the provisions of the Fifth Schedule to this Act and adopted or deemed to be adopted thereunder;
[F266 “alterations”, in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises;]
“Assist”, in relation to any school . . . F267 or institution, has the meaning assigned to it by [F268subsections (2) and (2A)] of this section;
“Child” means a person who is not over compulsory school age;
“Clothing” includes boots and other footwear;
“Compulsory school age” has F269. . ., the meaning assigned to it by section thirty-five of this Act;
“County” means [F270a county within the meaning of the M14Local Government Act 1972];
[F271 “enlargement”, in relation to any school premises, includes any modification of the existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided, and “enlarge” shall be construed accordingly;]
“Former authority” means any authority which was a local education authority within the meaning of any enactment repealed by this Act or any previous Act;
[F272 “foundation governors” means, in relation to any voluntary school, governors appointed] otherwise than by a local education authority or a minor authority for the purpose of securing, so far as is practicable, that the character of the school as a voluntary school is preserved and developed, and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating thereto; and, unless the context otherwise requires, references in this Act to . . . F273 “governors” shall, in relation to any function thereby conferred or imposed exclusively on . . . F273 foundation governors, be construed as references to such . . . F273 governors;
“Further education” has the meaning assigned to it by section forty-one of this Act [F274as read with section 14 of the Further and Higher Education Act 1992];
[F275 “Higher education” has the meaning assigned to it by section 120(1) of the Education Reform Act 1988;]
“Independent school” means any school at which full–time education is provided for five or more pupils of compulsory school age (whether or not such education is also provided for pupils under or over that age), not being a school maintained by a local education authority [F276a grant-maintained school] or [F277a special school not maintained by a local education authority];
“Junior pupil” means a child who has not attained the age of twelve years;
“Local education authority” means, in relation to any area for which a joint education board is constituted as the local education authority under the provisions of Part I of the First Schedule to this Act, the board so constituted, and, save as aforesaid, means, [F278in relation to a non-metropolitan county, the council of the county, and in relation to a metropolitan district, the council of the district];
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F279
“Local government elector” has the meaning assigned to it by [F280section 270(1) of the M15Local Government Act 1972]; and in relation to the area of any joint education board constituted under Part I of the First Schedule to this Act a local government elector for the area of any council by whom members are appointed to the board shall be deemed to be a local government elector for the area of the authority;
“Maintain” in relation to any school . . . F281 has the meaning assigned to it by subsection (2) of this section;
“Maintenance contribution”, in relation to any voluntary school, means a contribution payable under section one hundred and two of this Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F282
“Medical officer” means, in relation to any local education authority, a duly qualified medical practitioner employed or engaged, whether regularly or for the purposes of any particular case, by that authority [F283or whose services are made available to that authority by the Secretary of State];
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F282
[F284 “Minor authority” means, in relation to a school maintained by a local education authority,—
where the area which appears to the local education authority to be served by the school is a parish or community, the parish or community council or, in the case of a parish which has no council, the parish meeting;
where the said area is a community having no community council or is an area in England which is not within a parish and is not situated in a metropolitan county, the council of the district for the area concerned;
where the said area comprises two or more of the following, a parish, a community or an area in England which is not within a parish and is not situated in a metropolitan county—
the parish or community council or councils, if any;
in the case of a parish which has no council, the parish meeting;
in the case of an area which is a community having no community council or which is in England and is not within a parish, the council of the district concerned;
acting jointly];
[F285 . . .]
F288. . .]
“Premises”, in relation to any school, includes any detached playing fields, but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;
“Prescribed”, means prescribed by regulations made by the [F289Secretary of State for Education and Science];
“Primary education” has the meaning assigned to it by section eight of this Act;
[F290 “Primary school” means, subject to regulations under section 1 of the Education Act 1964, a school for providing primary education, whether or not it also provides [F290part-time education suitable to the requirements of junior pupils or] further education]
“Proprietor”, in relation to any school, means the person or body of persons responsible for the management of the school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools, includes any person or body of persons proposing to be so responsible;
“Provisionally registered school” means an independent school registered in the register of independent schools, whereof the registration is provisional only;
[ “Pupil” has the meaning assigned to it by section 14(6) of the Further and Higher Education Act 1992]
“Registered pupil” means, in relation to any school, a [F291person registered as a pupil]in the register kept in accordance with the requirements of this Act . . . F292
“Registered school” means an independent school registered in the register of independent schools, whereof the registration is final;
[ “School” has the meaning assigned to it by section 14(5) of the Further and Higher Education Act 1992]
“Secondary education” has the meaning assigned to it by section [F29314 of the Further and Higher Education Act 1992];
[F294 “Secondary school” means, subject to regulations under section 1 of the Education Act 1964, a school for providing secondary education, whether or not it also provides F294. . . further education]
“Senior pupil” means a person who has attained the age of twelve years but has not attained the age of nineteen years;
[F295[F296 “Sex education” includes education about—
Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and
any other sexually transmitted disease]
“Significant”, in relation to a change in the character of a school or an enlargement of school premises, implies that there is a substantial change in the function or size of the school];
“Special agreement” means an agreement made under the provisions of the Third Schedule to this Act;
[F297 “Special educational needs” and “Special educational provision” have the meanings given to them by section [F298156 of the Education Act 1993];]
“Trust deed”, in relation to any voluntary school, includes any instrument (not being an . . . F299 instrument of government, . . . F299 or articles of government, made under this Act) regulating the maintenance management or conduct of the school or the constitution of the body of . . . F299 governors thereof;
“Young person” means a person over compulsory school age who has not attained the age of eighteen years.
(1A)F300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B)F300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1C)F300. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F301(1D)In this Act, unless the context otherwise requires, ’parent’, in relation to a child or young person, includes any person-
(a)who is not a parent of his but who has parental responsibility for him, or
(b)who has care of him,
except for the purposes of the enactments mentioned in subsection (1E) of this section, where it only includes such a person if he is an individual.
(1E)The enactments are—
(a)sections 5(4), 15(2) and (6), 31 and 65(1) of, and paragraph 7(6) of Schedule 2 to, the Education (No. 2) Act 1986; and
[F302(b)sections 25 to 27, 29, 37, 60, 63 and 65 of the Education Act 1993, paragraph 9 of Schedule 6 to that Act and Schedule 7 to that Act]
(1F)For the purposes of subsection (1D) of this section—
(a) “parental responsibility” has the same meaning as in the Children Act 1989; and
(b)in determining whether an individual has care of a child or young person any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.]
(2)[F303Subject to subsection (2A) of this section] for the purposes of this Act:—
(a)the duty of a local education authority to maintain a school . . . F304 shall include the duty of defraying all the expenses of maintaining the school . . . F304 except, in the case of an aided school or a special agreement school, any expenses that by virtue of any provision of this Act or of any special agreement made thereunder are payable by the . . . F305 governors of the school, and the expression “maintain” shall be construed accordingly; and
(b)where a local education authority make to the proprietor of any school which is not maintained by the authority, or to the persons responsible for the maintenance of any [F306institution other than a school], any grant in respect of the school . . . F307 or institution or any payment in consideration of the provision of educational facilities thereat, the school . . . F307 or institution shall be deemed to be assisted by the authority.
[F308(2A)Neither a university nor any institution [F309within the further education sector or] within the [F310higher education sector other than a university] shall be deemed under subsection (2)(b) of this section to be assisted by a local education authority by virtue of the making by that authority to the persons responsible for the maintenance of that university or institution of any such grant or payment as is there mentioned.]
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F311
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F312
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F313
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F314
(7)Where at any time before the date of the commencement of Part II of this Act the premises of any school which was for the time being a public elementary school within the meaning of the enactments repealed by this Act have ceased by reason of war damage, or by reason of any action taken in contemplation or in consequence of war, to be used for the purposes of a school, then, for the purposes of this Act, the school, unless it has been closed in accordance with those enactments, shall be deemed to have been a public elementary school within the meaning of those enactments immediately before that date and, if it was maintained by a former authority immediately before the premises ceased to be used for the purposes of a school, to have been maintained by such an authority immediately before that date.
(8)In this Act, unless the context otherwise requires, references to any enactment or any provision of any enactment shall be construed as references to that enactment or provision as amended by any subsequent enactment, including this Act.
Textual Amendments
F265Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 1, 231(7), 235(6), Sch. 1 para. 6
F266Definition substituted by Education Act 1968 (c. 17), Sch. 1 para. 5(a)
F267Word repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(4), 235(7), 237(2), Sch. 13 Pt. II
F268Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(4)(b), 235(6)
F269Words repealed by Education (School-leaving Dates) Act 1976 (c. 5), Sch.
F270Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1) and Local Government Act 1972 (c. 70), s. 179(2)
F271Definition inserted by Education Act 1968 (c. 17), Sch. 1 para. 5(b)
F272Words substituted by Education Act 1980 (c.20, SIF 41:1), s. 1(3), Sch. 1 para. 13(a)
F273Words repealed by Education Act 1980 (c.20, SIF 41:1), s. 1(3), Sch. 1 para. 13(a)
F274Words in the definition of "further education" in s. 114(1) added (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 13(2)(a); S.I. 1992/831, art. 2, Sch. 1
F275Definition inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 120(9)(a)(i), 231(7), 235(6)
F276Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 7(2)
F277Words substituted by virtue of Education Act 1980 (c. 20, SIF 41:1), s. 34(1)
F278Words substituted by S.I. 1977/293, art. 4(1)
F279Definition repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
F280Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
F281Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
F282Definitions repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5
F283Words inserted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 8
F284Definition substituted by Local Government Act 1972 (c. 70), s. 192(4)
F285Definition repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 1(1), 27(4), Sch. 15; S.I. 1991/828, art. 3(2)
F286Definitions inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 120(9)(a)(ii), 231(7), 235(6), 236(2)
F287Definition of "part-time senior education" in s. 114(1) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 13(2)(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3
F288Definition of "post-school age education" in s. 114(1) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1)(2), Sch. 8 para. 13(2)(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3
F289Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F290Words in the definition of "primary school" in s. 114(1) inserted (1.4.1994) by 1993 c. 35, s. 304(2); S.I. 1994/507, art. 4(1), Sch. 2.
F291Words in the definition of "registered pupil" substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 24(a)(ii); S.I. 1993/1975, art. 9, Sch. 1
F292Words repealed by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 2
F293Words in the definition of "secondary school" in s. 114(1)(f) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), S. 93(1), Sch. 8 para. 13(2)(f); S.I. 1992/831, art. 2, Sch. 3
F294Words in the definition of "secondary school" repealed (1.10.1993) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 24(a)(iii), Sch. 21 Pt. II; S.I. 1993/1975, art. 9, Sch. 1
F295Definition inserted by Education Act 1968 (c. 17), Sch. 1 para. 5(c)
F296Definition in s. 114(1) inserted (1.9.1994) by 1993 c. 35, s. 241(2); S.I. 1994/2038, art. 3, Sch.2.
F297Definition substituted by Education Act 1981 (c. 60, SIF 41:1), Sch. 3 para. 6
F298Words in the definition of "special educational needs" and "special educational provision" substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 24(a)(iv); S.I. 1993/3106, art. 4, Sch. 1
F299Words repealed by Education Act 1980 (c. 20, SIF 41:1), Sch. 1 para. 13(b)
F300S. 114(1A)(1B) and (1C) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1)(2), Sch. 8 para. 13(3), Sch. 9, S.I. 1992/831, art. 2, Sch. 3
F301S. 114(1D)(1E)(1F) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 10, Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)
F302S. 114(1E)(b) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 24(b); S.I. 1993/3106, art. 4, Sch. 1
F303Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(2)(a), 235(6)
F304Words repealed by Education Reform Act 1988 (c. 40, SIF 41), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
F305Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1
F306Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(3)(a), 235(6)
F307Word repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 234(3)(b), 235(6), 237(2), Sch. 13 Pt. II
F308S. 114(2A) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), s. 234(2)(b) (with ss. 231(7). 235(7)) (which s. 234(2)(b) was repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 57(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3)
F309Words in s. 114(2A) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 13(4)(b); S.I. 1992/831, art. 2, Sch. 3
F310Words in s. 114(2A) substituted (1.4.1993) by virtue of Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. 13(4)(a); S.I. 1992/831, art. 2, Sch. 3
F311S. 114(3) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
F312Ss. 106, 108—110, 114(4) and Sch. 7 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. IV
F313S. 114(5) repealed by Education Act 1946 (c. 50), s. 8(4)
Modifications etc. (not altering text)
C96Definitions of “local education authority”, “minor authority” amended by London Government Act 1963 (c. 33), ss. 30(1), 31(10)
C97S. 114(2)(a) explained by Rating and Valuation Act 1961 (c. 45), s. 12(6)
Marginal Citations
No power or duty conferred or imposed by this Act on the [F315Secretary of State for Education and Science], on local education authorities, or on parents, shall be construed as relating to any person who is employed by or under the Crown in any service or capacity with respect to which the [F315Secretary of State for Education and Science] certifies that, by reason of the arrangements made for the education of children and young persons employed therein, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.
Textual Amendments
F315Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
No power or duty conferred or imposed by this Act [F316or by or under the Education Act 1993]on the [F317Secretary of State for Education and Science], on local education authorities, or on parents, shall be construed as relating . . . F318 to any person who is detained in pursuance of an order made by any court [F319or of an order of recall made by the Prison Commissioners, but a local education authority shall have power to make arrangements for a person who is detained in pursuance of an order made by a court, or of such an order of recall, to receive the benefit of educational facilities provided by the authority. Where a child or young person is being educated as a boarder at a school, the fact that he is required to be at the school by virtue of an order made by a court under the [F320M16Children and Young Persons Act 1969] or by virtue of anything done under such an order, or by virtue of a requirement of a probation order or by virtue of anything done under such a requirement, shall not render him a person detained in pursuance of an order made by a court within the meaning of those words in this section.]
Textual Amendments
F316Words in s. 116 inserted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 25; S.I. 1993/1975, art. 9, Sch. 1
F317Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F318Words repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch.
F319Words inserted by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 1 Pt. I
F320Words inserted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
Marginal Citations
Textual Amendments
F321S. 117 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
The Minister shall by order provide for the application of this Act to the Isles of Scilly as if those isles were [F322a separate non-metropolitan county], and any such order may provide for the application of this Act to those isles subject to such modifications as may be specified in the order.
Textual Amendments
F322Words substituted by S.I. 1977/293, art. 4(1)
Textual Amendments
F323S. 119, Sch. 9 repealed by Education Act 1973 (c. 16), Sch. 2 Pt. I
(1)On and after the date of the commencement of Part II of this Act any enactment passed before that date shall, unless the context otherwise requires, be construed as if:—
(a)for references therein to an elementary school or to a public elementary school (whether or not any reference is made therein to the payment of parliamentary grants in respect of the school) there were substituted references to a county school or voluntary school as the context may require;
(b)for references therein to a school certified by the Board of Education, in accordance with the provisions of Part V of the M17Education Act 1921, as suitable for providing education for blind deaf defective or epileptic children, there were substituted references to a special school;
(c)for references therein to the managers of a school there were substituted, in relation to a county . . . F324 school or a voluntary . . . F324 school, references to the governors of the school;
(d)for references therein to elementary education or to higher education there were substituted references to such education as may be provided by a local education authority in the exercise of their functions under Part II of this Act;
(e)for references therein to a local education authority, to a local education authority for elementary education, or to a local education authority for higher education, there were substituted references to a local education authority within the meaning of this Act.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F325
(3)The enactments mentioned in the first column of the Eighth Schedule to this Act shall, except in so far as any them extend to Scotland, have effect subject to the amendments specified in the secon column of that Schedule :
Provided that Part I of the said Schedule shall come into operation on the date of the commencement of Part II of this Act, and Part II of the said Schedule shall come into operation on the date on which section forty-four of this Act comes into operation.
(4)Where by virtue of this Act any functions cease to be exercisable by the council of a county district under the M18Children and Young Persons Acts, 1933 M19 and 1938, the following provisions of this Act, that is to say:—
(a)subsections (3) and (4) of section six; and
(b)section ninety-seven;
shall have effect as if those functions had been exercisable under the Education Acts, 1921 and 1939; and, in relation to any such functions, the provisions of section ninety-six and of subsection (3) of section ninety-eight of this Act shall have effect as if for the references therein to the Minister of Education there were substituted references to the Secretary of State.
(5)For the purposes of any byelaws under Part II of the M20Children and Young Persons Act 1933, the expression “child” shall have the same meaning as it has for the purposes of the said Part II; and any byelaws made by the council of a county district under the said Part II which are in force immediately before the date of the commencement of Part II of this Act shall, in relation to the area to which they extend, continue in operation on and after that date as if they had been made by the local education authority for the area in which the county district is situated, and may be varied or revoked accordingly.
Textual Amendments
F324Word repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 14
Modifications etc. (not altering text)
C98The text of ss. 120(3), 121, and Sch. 8 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
Section eighty-three of the M21Elementary Education Act, 1870, the Board of Education Act, 1899, and sections one and two of the Education act, 1921, are hereby repealed as from the date declared by His Majesty in Council to be the date on which the first appointment under this Act of a Minister of Education took effect ; the enactments mentioned in the first column of Part I of the Ninth Schedule to this Act are, to the extent mentioned in the third column of that Part, hereby repealed, except in so far as any of them extend to Scotland, as from the date of the commencement of Part II of this Act ; and the enactments mentioned in the first column of Part II of that Schedule are to the extent mentioned in the third column of that Part hereby repealed, except in so far as they extend to Scotland, as from the date on which section forty-four of this Act comes into operation :
Provided that—
(a)any regulation Order in Council order or other instrument in force under any enactment hereby repealed shall continue in operation and have effect as if made under this Act and may be varied or revoked accordingly ; and
(b)the provisions of the Education Act, 1921, relating to continuation schools shall, in any area in which sections seventy-six, seventy seven and ninety-three of that Act were in operation immediately before the commencement of Part II of this Act, continue in force until the date on which section forty-four of this Act comes in to operation.
Modifications etc. (not altering text)
C99The text of ss. 120(3), 121, and Sch. 8 Pt. I is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
M2133 & 34 Vict. c. 75.
(1)This Act may be cited as the Education Act 1944.
(2)This Act shall not extend to Scotland or to Northern Ireland.
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