Part IV GENERAL
General Principle to be observed by Minister and Local Education Authorities
76 Pupils to be educated in accordance with the wishes of their parents. C1
In the exercise and performance of all powers and duties conferred and imposed on them by F2the Education Acts 1944 to F31996 the F4Secretary of State for Education and ScienceF5the funding authoritiesand 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.
Miscellaneous Provisions
F677 Inspection of educational establishments.
1
In this section the expression “educational establishment” means F7. . ., F8an 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 F9Secretary 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 F9Secretary 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 F9Secretary of State for Education and Science, inspectors may be appointed by His Majesty on the recommendation of the F9Secretary of State for Education and Science, and persons may be authorised by the F9Secretary of State for Education and Science to assist such inspectors and to act as additional inspectors:
Provided that the F9Secretary 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.
C24
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 F10level 4 on the standard scale, or, in the case of a second or subsequent conviction, to a fine not exceeding F10level 4 on the standard scale or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
F115
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F126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78 Provision of certain ancillary services for pupils not in attendance at schools maintained by local education authorities.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
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—
C3a
the provision of milk, meals and other refreshment for pupils in attendance at the school; . . . F14
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.
79F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
P1P280 Registration of pupils at schools. C4
C5C61
The proprietor of every school (that is to say in the case of a county school or voluntary school the . . . F16 governors thereof F17and 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 F18Secretary of State for Education and Science a register containing the prescribed particulars with respect to all persons . . . F19 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 F18Secretary of State F20to 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.
F211A
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 F22level 1 on the standard scale.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
81 Power of local education authorities to give assistance by means of scholarships and otherwise.
Regulations shall be made by the F24Secretary of State for Education and Science empowering local education authorities, for the purpose of enabling F25persons 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, F26grant-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:
X1c
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.
82 Powers of local education authorities as to educational research.
A local education authority may, . . . F29 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.
83 Powers of local education authorities as to educational conferences.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 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.
84F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85 Power of local education authorities to accept gifts for educational purposes.
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.
F322
Any intention on the part of a local education authority that a school F33. . . (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 F33. . . which in accordance with subsection (2) above is vested in a local education authority as trustees shall be a county school.
86F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administrative Provisions
88 Appointment of chief education officers of local education authorities. C7
The duties of a local education authority with respect to the appointment of officers under the provisions of the F36M1Local 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, . . . F37
89F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
90 Compulsory purchase of land and other dealings in land by local education authorities.
1
A local education authority may be authorised F39by the F40Secretary 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 F41institution which is, or is to be, maintained by them F42or which they have the power to assist, or otherwise for the purposes of their functions under this Act; . . . F43
Provided that the F40Secretary of State for Education and Science shall not F39authorise 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 . . . F44 governors of the school, would have fallen to be borne by the . . . F44 governors.
F451A
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
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91F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92 Reports and returns.
Every local education authority shall make to the F48Secretary 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.
C893 Power of Minister to direct local inquiries.
The F49Secretary 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 F50two hundred and fifty of the M2Local Government Act 1972 shall have effect with respect to any such inquiry . . . F51
C1094 Certificates of birth and registrars’ returns. C9
1
Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of births and deaths containing the entry relating to the birth of that person shall, upon being presented by any person with a written requisition in such form and containing such particulars as may be determined by regulations made by the F52the Chancellor of the Exchequer, and upon payment of a fee of F53£2.00, supply that person with a copy of the entry certified under his hand.
Every registrar shall, upon being requested so to do, supply free of charge a form of requisition for the purposes of this subsection.
2
Every registrar shall supply to a local education authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as, subject to any regulations made by the F52the Chancellor of the Exchequer, the authority may from time to time require; . . . F54
3
In this section, the expression “register of births and deaths” means a register of births and deaths kept in pursuance of the F55M3M4Births and Deaths Registration Act 1953 and the Registration Service Act 1953, and the expression “registrar” includes a registrar of births and deaths and a superintendent registrar.
95 Provisions as to evidence.
C211
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
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.
96 Provisions consequential on cessation of functions of former authorities. C11
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.
97F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 Compensation of persons prejudicially affected by this Act. C12
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 M5Local 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 M6Local 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 M7Local 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.
C1499 Powers of Minister in default of local education authorities or . . . F57 governors. C13
C15C16C17C18C19C201
If the F58Secretary of State for Education and Science is satisfied, either upon complaint by any person interested or otherwise, that any local education authority, or the . . . F57 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 F58Secretary of State for Education and Science may make an order declaring the authority, or the . . . F57 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 F58Secretary of State for Education and Science to be expedient; and any such directions shall be enforceable, on an application made on behalf of the F58Secretary of State for Education and Science, by mandamus.
C15C16C19C202
Where it appears to the F58Secretary of State for Education and Science that by reason of the default of any person there is no properly constituted body of . . . F57 governors of any county school or voluntary school, the F58Secretary 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 . . . F57 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 F58Secretary 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 F58Secretary of State for Education and Science may direct that any act done by or on behalf of the . . . F57 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 . . . F57 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 F58Secretary of State for Education and Science in pursuance of any regulations relating to the payment of grants.
Financial Provisions
100 Grants in aid of educational services.
P31
The F60Secretary 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;
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;
P4b
for the payment by him to persons other than local education authorities of grants in respect of expenditure incurred or to be incurred F63by 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, . . . F64
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65
P4P33
Any regulations made by the F60Secretary of State for Education and Science . . . F66 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
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.
101F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70103 .
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104F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105C22†Power of the Minister to make loans to aided schools and special agreement schools in respect of initial expenditure. C23
1
If upon the application of the . . . F72 governors of any aided school or special agreement school the F73Secretary 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 . . . F72 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 F73Secretary of State for Education and Science for the area;
b
expenses to be incurred in pursuance of any special agreement;
F74c
(i) expenses to be incurred in providing a site or school buildings on a significant enlargement of the school premises F75or on a transfer of the school to a new site, being expenses in respect of which F76grants 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 F77which by virtue of an order under section 16(2) of this Act is deemed to be in substitution for a discontinued school or schools;
F78d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and the . . . F72 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 F79. . . grant under a special agreement, or grant under F80section 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 F73Secretary 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 . . . F72 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 F73Secretary of State for Education and Science shall consult such persons or bodies of persons as appear to him to be representative of any F81religion 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.