Education Act 1944 (repealed 1.11.1996)

SCHEDULES

FIRST SCHEDULE E+W LOCAL ADMINISTRATION

F1 Part I E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 Pt. I repealed (1.4.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 26, Sch. 21 Pt. II; S.I. 1994/507, art. 4(1), Sch. 2Appendix.

F6 Part II E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 1 Pt. II repealed (1.4.1994) by 1993 c. 35, s. 296, 307(3), Sch. 21 Pt. II; S.I. 1994/507, art. 4(1), Sch. 2Appendix.

Part III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 Sch. 1 Pt. II para. 2, Pt. III repealed by Local Government Act 1972 (c. 70), Sch. 30

SECOND SCHEDULE E+W TRANSFER TO A LOCAL EDUCATION AUTHORITY OF AN INTEREST IN THE PREMISES OF A VOLUNTARY SCHOOL

1 A local education authority and the . . . F15 governors of any voluntary school maintained by the authority may, subject to and in accordance with the provisions of this Schedule, make an agreement for the transfer to the authority of any interest in the school premises held by any persons for the purposes of any trust deed relating to the school.

Textual Amendments

F15 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

2 No such agreement shall take effect unless it has been approved by the [F16 Secretary of State for Education and Science .]

Textual Amendments

F16 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

3 The [F17 Secretary of State for Education and Science] shall not approve any such agreement unless he is satisfied—

(a) that due notice of the agreement has been given to any persons other than the . . . F18 governors of the school who, by virtue of any trust deed relating to the school, have an interest therein and to any other persons who appear to the [F17 Secretary of State for Education and Science] to be concerned; and

(b) that the execution of the agreement will effect the transfer of all interests necessary for the purpose of enabling the authority to maintain the school as a county school.

Textual Amendments

F17 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F18 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

4 Before approving any such agreement, the [F19 Secretary of State for Education and Science] shall consider any representations made to him by or on behalf of any persons appearing to the [F19 Secretary of State for Education and Science] to be concerned with the proposed transfer.

Textual Amendments

F19 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

5 An agreement under this Schedule may provide for the transfer to the authority, subject to such conditions, reservations and restrictions, if any, as may be specified in the agreement, of the whole of the interest in the premises held by any persons for the purposes of any trust deed relating to the school, or of any less interest in the premises, and may include such other provisions, whether relating to the consideration for the said transfer or otherwise, as may be agreed upon between the authority and the . . . F20 governors of the school.

Textual Amendments

F20 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

6 Where any agreement made under this Schedule has been approved by the [F21 Secretary of State for Education and Science], the . . . F22 governors of the school may, whether or not the interest to be transferred to the authority by virtue of the agreement is vested in them, convey that interest to the authority.

Textual Amendments

F21 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F22 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

7 Where any person other than the . . . F23 governors of the school has a right to the occupation or use of the school premises or any part thereof for any particular purpose, no provision of any agreement made under this Schedule shall affect that right unless he has consented thereto.

Textual Amendments

F23 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

8 In this Schedule, the expression “premises” includes a teacher’s dwelling-house.

THIRD SCHEDULE E+W SPECIAL AGREEMENTS IN RESPECT OF CERTAIN VOLUNTARY SCHOOLS

1 Where proposals for the establishment of a school or for the alteration of the premises of a school have been submitted to a former authority, within the time limited by subsection (2) of section eight of the M4 Education Act 1936, with a view to the making of an agreement under that section, but the said proposals have not been carried out before the date of the commencement of Part II of this Act, a local education authority shall have power to make an agreement in accordance with the provisions of this Schedule in respect of those proposals or in respect of any revised proposals submitted to the authority in accordance with those provisions:

Provided that no such agreement shall have effect unless it is approved by the [F24 Secretary of State for Education and Science], and no such agreement shall be made or approved unless the authority and the [F24 Secretary of State] are satisfied that the performance thereof will facilitate the execution of provisions relating to school accommodation for senior pupils contained or proposed to be contained in the development plan for the area.

Textual Amendments

F24 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

Marginal Citations

M4 1936 c. 41.

2 If upon the application of any persons interested in any such proposals the [F25 Secretary of State for Education and Science] is satisfied that by reason of the passing of this Act or the making of any regulations thereunder, or by reason of 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, or by reason of war damage, it is desirable that the proposals should be revised, the [F25 Secretary of State for Education and Science] may give directions authorising a local education authority, in lieu of making an agreement in accordance with the provisions of this Schedule with respect to those proposals, to make such an agreement with respect to any revised proposals submitted to the authority before the expiration of such period as may be specified in the directions, being proposals which appear to the authority to serve substantially the same purpose as the proposals originally submitted.

Textual Amendments

F25 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

3

Textual Amendments

F26 Sch. 3 para. 3 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

4 Any such agreement shall provide for the making of a grant by the local education authority to persons specified in the agreement in consideration of the execution by those persons of the proposals to which the agreement relates.

5 The amount of the grant to be made in pursuance of any such agreement shall not be less than one-half or more than three-quarters of the cost of executing the proposals to which the agreement relates:

[F27 Provided that, where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under [F28 section 13(6) of the Education Act 1980], the duty of the local education authority to provide,—

(a) if the proposals as respects the playing field or buildings are to be executed by the persons specified in the agreement, the amount of the grant so far as attributable to the cost thereof, shall be equal to the whole of that cost; and

(b) if the proposals as respects the playing field or buildings are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant.]

Textual Amendments

F27 Words inserted by Education (Miscellaneous Provisions) Act 1948 (c. 40), Sch. 1 Pt. I

F28 Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 5

6 Where the agreement relates to proposals for the establishment of a school submitted to the local education authority for the County Borough of Liverpool, the authority may, if the agreement so provides, discharge their liabilities under the agreement by providing premises for the school and executing a lease of those premises to such persons as may be specified in the agreement for the purpose of enabling a voluntary school to be conducted thereon.

Any such lease shall provide for the reservation of a yearly rent of an amount not less than one nor more than two per cent. of the cost incurred by the authority in providing the premises for the school.

7 Any agreement made under this Schedule may provide for the giving of religious instruction in the school 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 voluntary school, and for the employment in the school, for the purpose of giving such religious instruction, of such number of reserved teachers as may be specified in the agreement.

8 Any agreement made by a local education authority under this Schedule may be varied by a further agreement between the authority and the . . . F29 governors of the school to which the agreement relates, or in such other manner, if any, as may be specified in the agreement.

Textual Amendments

F29 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

9 Where a grant has been made in respect of any school in pursuance of an agreement made under this Schedule, the . . . F30 governors of the school may, at any time while the school is a special agreement school, repay the grant to the local education authority by which the school is maintained.

Textual Amendments

F30 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

10 Where an agreement has been made under this Schedule in relation to any school, then, until the proposals to which the agreement relates have been carried out, the provisions of this Act relating to the respective obligations of the . . . F31 governors of voluntary schools and the local education authority in respect of repairs and alterations to the premises of the school shall not have effect in relation to that school, but the respective obligations of the . . . F31 governors of the school and the local education authority in relation to those matters shall be such as may be determined by agreement between the managers or governors and the authority, or, in default of such agreement, by the [F32 Secretary of State for Education and Science].

Textual Amendments

F31 Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 1

F32 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

11 Where any local authority have, before the date of the commencement of Part II of this Act, made an agreement under the powers conferred by section eight of the M5 Education Act 1936, with respect to proposals submitted to the authority within the time limited by subsection (2) of that section, then:—

(a) if the said proposals have been carried out before that date the agreement shall be deemed to have been made under this Schedule, and the provisions of this Act relating to special agreements shall have effect accordingly;

(b) if the said proposals have not been carried out before that date, the agreement shall cease to have effect, but without prejudice to the making of a further agreement under this Schedule with respect to those proposals or with respect to any revised proposals submitted to the authority in accordance with the provisions of this Schedule.

Marginal Citations

M5 1936 c. 41.

FOURTH SCHEDULE E+W . . . F33

Textual Amendments

F33 Sch. 4 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 4(6), 38(6), Sch. 7

FIFTH SCHEDULE E+W PROCEDURE FOR PREPARING AND BRINGING INTO OPERATION AN AGREED SYLLABUS OF RELIGIOUS INSTRUCTION

Modifications etc. (not altering text)

C4 Sch. 5 modified by S.I. 1989/46, art. 3 (1), Sch. 1

1 For the purpose of preparing any syllabus of religious [F34 education] to be adopted by a local education authority, the authority shall cause to be convened a conference constituted in accordance with the provisions of this Schedule.

Textual Amendments

F34 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 7(1)

2 For the purpose of constituting such a conference as aforesaid, the local education authority shall appoint constituent bodies (hereinafter referred to as “committees”) consisting of persons representing respectively—

[F35 (a) such Christian [F36 denominations and other religions and denominations of such religions] as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;]

(b) except in the case of an area in Wales or Monmouthshire, the Church of England;

(c) such associations representing teachers as, in the opinion of the authority, ought, having regard to the circumstances of the area, to be represented; and

(d) the authority:

Provided that where a committee is appointed consisting of persons representing the Church of England, the committee of persons appointed [F37 under sub-paragraph (a) above] shall not include persons appointed to represent that Church.

Textual Amendments

F35 Sch. 5 para. 2(a) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 7(2)

F36 Words in Sch. 5 para. 2(a) substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 27(a); S.I. 1994/507, art. 4(1), Sch.2.

F37 Words in the proviso to para. 2 of Sch. 5 substituted (1.4.1994) by 1993 c. 35, ss. 307(1), 308(3), Sch. 19 para. 27(b); S.I. 1994/507, art. 4(1), Sch.2.

Modifications etc. (not altering text)

C5 Sch. 5 para. 2 modified (1.4.1994) by 1993 c. 35, s. 15(4)(a); S.I. 1994/507, art.3(1).

3 Before appointing a person to represent any [F38 religion] denomination or associations as a member of any such committee, a local education authority shall take all reasonable steps to assure themselves that he is representative thereof, but no proceedings under this Schedule shall be invalidated on the ground that a member of such a committee did not represent the [religion]denomination or associations which he was appointed to represent unless it is shown that the local education authority failed to take such steps as aforesaid.

Textual Amendments

F38 Word in Sch. 5 para. 3 inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 27(c); S.I. 1994/507, art. 4(1), Sch.2.

4 A person so appointed may resign his membership of any such committee or may be withdrawn therefrom by the local education authority if in the opinion of the authority he ceases to be representative of the [F39 religion] denomination or associations which he was appointed to represent, or of the authority, as the case may be; and where a [F40 person resigns or is withdrawn from the committee the authority shall appoint someone in his place in the same manner as that in which they made the original appointment].

Textual Amendments

F39 Word in Sch. 5 para. 4 substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 27(d)(i); S.I. 1994/507, art. 4(1), Sch.2.

F40 Words in Sch. 5 para. 4 substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 27(d)(ii); S.I. 1994/507, art. 4(1), Sch.2.

5 The conference shall consist of the committees aforesaid and it shall be the duty of the conference to seek unanimous agreement upon a syllabus of religious [F41 education] to be recommended for adoption by the local education authority.

Textual Amendments

F41 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 7(1)

6 Where the local education authority propose to adopt more than one syllabus of religious [F42 education] for use in schools maintained by them, the authority shall inform the conference as to the schools in which, or in the case of a syllabus intended to be used for certain pupils only, the class or description of pupils for which, the syllabus to be prepared by the conference is to be used.

Textual Amendments

F42 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 7(1)

7 Any sub-committees appointed by the conference shall include at least one member of each of the committees constituting the conference.

8 Upon any question to be decided by the conference or by any sub-committee thereof one vote only shall be given for each of the committees constituting the conference.

9 If the conference unanimously recommend any syllabus of religious [F43 education], the authority may adopt it for use in the schools for which, or for the class or description of pupils for which, it was prepared.

Textual Amendments

F43 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 7(1)

10 If the authority report to the [F44 Secretary of State] that the conference are unable to reach unanimous agreement as aforesaid, or if it appears to the [F44 Secretary of State] that an authority have failed to adopt any syllabus unanimously recommended to them by the conference, the [F44 Secretary of State] shall appoint to prepare a syllabus of religious [F45 education] a body of persons having experience in religious [F45 education] which shall, so far as is practicable, be of the like representative character as is required by paragraph 2 of this Schedule in the case of a conference.

Textual Amendments

F44 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F45 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 7(1)

11 The body of persons so appointed:—

(a) shall give to the authority, the conference, and every committee constituting the conference, an opportunity of making representations to it, but, save as aforesaid, may conduct the proceedings in such manner as it thinks fit;

(b) shall, after considering any such representations made to it, prepare a syllabus of religious [F46 education];

(c) shall transmit a copy of the said syllabus to the authority and to the [F47 Secretary of State],

and as from such date as the [F47 Secretary of State] may direct, the syllabus so prepared shall be deemed to be the agreed syllabus adopted for use in the schools for which, or for the class or description of pupils for which, it was prepared until a further syllabus is prepared for use in those schools, or for pupils of that class or description, in accordance with the provisions of this Schedule.

Textual Amendments

F46 Word substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 7(1)

F47 Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

[F48 Reconsideration of agreed syllabus] E+W

Textual Amendments

F48 Sch. 5 paras. 12 and 13 substituted for Sch. 5 para. 12 by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 9, 231(7), 235(6), Sch. 1 para. 7(3)

[F49 12 (1) A local education authority shall cause a conference to be convened at any time required by sub-paragraph (2) or (3) of this paragraph for the purpose of reconsidering any agreed syllabus for the time being adopted by them which was adopted before the appointed day.

(2) Where they adopted the syllabus before 29th September 1988, they shall convene a conference within the period of one year beginning with the appointed day.

(3) Where they adopted the syllabus on or after 29th September 1988, they shall convene a conference—

(a) within the period of five years beginning with the date on which they adopted it, or

(b) within the period of one year beginning with the appointed day,

whichever is the later.

(4) A local education authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after the appointed day); and no such conference shall be convened later than the expiry of the period of five years beginning with the date on or after the appointed day on which—

(a) the authority adopted the syllabus, or

(b) the authority gave effect to a recommendation under paragraph 13 of this Schedule that the syllabus should continue to be the agreed syllabus.

(5) In this paragraph—

(a) “appointed day” means the day appointed for the commencement of section 256 of the Education Act 1993, and

(b) references to the date on which a local education authority adopt a syllabus include a reference to the date which the Secretary of State directs is to be the date from which a syllabus prepared under paragraph 11 of this Schedule is to be deemed to be the agreed syllabus.]

Textual Amendments

F49 Sch. 5 para. 12 substituted (1.4.1994) by 1993 c. 35, s. 256(1); S.I. 1994/507, art. 4(1), Sch.2.

13 (1) The following provisions of this paragraph apply where a local education authority cause such a conference to be convened for the purpose of reconsidering any agreed syllabus, whether under paragraph 12 of this Schedule or under section 11(8) of the Education Reform Act 1988 (obligation of authority to cause such a conference to be convened if required to do so by representative groups on standing advisory council for religious education).

(2) If the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus [F50 and it appears to the local education authority that the syllabus reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain], the authority may give effect to the recommendation.

(3) If—

(a) the conference unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus; and

(b) it appears to the authority that the new syllabus complies with section 8(3) of that Act (new agreed syllabus to reflect mainly Christian religious traditions);

the authority may give effect to the recommendation.

(4) If F51 . . .—

(a) the authority report to the Secretary of State that the conference are unable to reach unanimous agreement

[F52 (aa) the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local education authority consider that sub-paragraph (2) of this paragraph prevents them from giving effect to the recommendation]

; or

(b) it appears to the Secretary of State that the authority have failed to exercise their power under sub-paragraph (2) or (3) above to give effect to the unanimous recommendation of the conference;

the Secretary of State shall proceed in accordance with the provisions of paragraph 10 of this Schedule, and paragraph 11 of this Schedule shall apply accordingly.

Textual Amendments

F50 Words in Sch. 5 para. 13(2) inserted (1.4.1994) by 1993 c. 35, s. 256(2)(a); S.I. 1994/507, art. 4(1), Sch.2.

F51 Word in Sch. 5 para. 13(4) repealed (1.4.1994) by 1993 c. 35, s. 256(2)(b)(i), 307(3), Sch. 21 Pt. II; S.I. 1994/507, art. 4(1), Sch. 2Appendix.

F52 Sch. 5 para. 4(aa) inserted (1.4.1994) by 1993 c. 35, s. 256(2)(b)(ii); S.I. 1994/507, art. 4(1), Sch.2.

SIXTH SCHEDULE E+W CONSTITUTION OF INDEPENDENT SCHOOLS TRIBUNALS

1 For the purpose of enabling Independent Schools Tribunals to be constituted as occasion may require there shall be appointed two panels, that is to say—

(a) a panel (hereinafter referred to as the “legal panel”) appointed by the Lord Chancellor, of persons who will be available to act when required as chairman of any such tribunal; and

(b) a panel (hereinafter referred to as the “educational panel”) appointed by the Lord President of the Council, of persons who will be available to act when required as members of any such tribunal.

2 No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable, and no person shall be qualified to be appointed to the educational panel unless he has had such experience in teaching or in the conduct management or administration of schools as the Lord President of the Council considers suitable. An officer of any government department and a person employed by a local education authority otherwise than as a teacher shall be disqualified from being appointed to either of the said panels.

3 [F53 Subject, in the case of a member of the legal panel, to paragraph 3A below,]Any person appointed to be a member of either of the said panels shall hold office as such subject to such conditions as to the period of his membership and otherwise as may be determined by the Lord Chancellor or the Lord President of the Council, as the case may be.

Textual Amendments

F53 Words in Sch. 6 para. 3 inserted (31.3.1995) by 1993 c. 8, s. 26(10), Sch. 6 para.51 (with Sch. 7 paras. 2(2), 3(2)); S.I. 1995/631, art.2.

[F54 3A No appointment of a person to be a member of the legal panel shall be such as to extend beyond the day on which he attains the age of seventy years; but this paragraph is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of seventy-five years).]

Textual Amendments

F54 Sch. 6 para. 3A inserted (31.3.1995) by 1993 c. 8, s. 26(10), Sch. 6 para. 51 (with Sch. 7 paras. 2(2), 3(2)); S.I 1995/631, art.2.

4 Where any appeal is required to be determined by an Independent Schools Tribunal the tribunal shall consist of a chairman being a member of the legal panel and two other members being members of the educational panel, and the chairman and other members of the tribunal shall be impartial persons appointed from those panels by the Lord Chancellor and the Lord President of the Council respectively.

SIXTH SCHEDULE E+W CONSTITUTION OF INDEPENDENT SCHOOLS TRIBUNALS

1 For the purpose of enabling Independent Schools Tribunals to be constituted as occasion may require there shall be appointed two panels, that is to say—

(a) a panel (hereinafter referred to as the “legal panel”) appointed by the Lord Chancellor, of persons who will be available to act when required as chairman of any such tribunal; and

(b) a panel (hereinafter referred to as the “educational panel”) appointed by the Lord President of the Council, of persons who will be available to act when required as members of any such tribunal.

2 No person shall be qualified to be appointed to the legal panel unless he possesses such legal qualifications as the Lord Chancellor considers suitable, and no person shall be qualified to be appointed to the educational panel unless he has had such experience in teaching or in the conduct management or administration of schools as the Lord President of the Council considers suitable. An officer of any government department and a person employed by a local education authority otherwise than as a teacher shall be disqualified from being appointed to either of the said panels.

3 [F53 Subject, in the case of a member of the legal panel, to paragraph 3A below,]Any person appointed to be a member of either of the said panels shall hold office as such subject to such conditions as to the period of his membership and otherwise as may be determined by the Lord Chancellor or the Lord President of the Council, as the case may be.

Textual Amendments

F53 Words in Sch. 6 para. 3 inserted (31.3.1995) by 1993 c. 8, s. 26(10), Sch. 6 para.51 (with Sch. 7 paras. 2(2), 3(2)); S.I. 1995/631, art.2.

4 Where any appeal is required to be determined by an Independent Schools Tribunal the tribunal shall consist of a chairman being a member of the legal panel and two other members being members of the educational panel, and the chairman and other members of the tribunal shall be impartial persons appointed from those panels by the Lord Chancellor and the Lord President of the Council respectively.

SEVENTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55 Ss. 106, 108—110, 114(4) and Sch. 7 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. IV

Section 120.

EIGHTH SCHEDULE E+W AMENDMENT OF ENACTMENTS.

PART I E+W ENACTMENTS AMENDED FROM DATE OF COMMENCEMENT OF PART II OF THIS ACT.

Modifications etc. (not altering text)

C6 The 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.

Enactment to be amended.	Amendment.
The Mental Deficiency Act, 1913
. . . F56	. . . F56
. . . F56	. . . F56
The Ministry of Agriculture and Fisheries Act, 1919
. . . F56	. . . F56
The Children and Young Persons Act, 1933.
F57 . . .	. . .
. . . F56	. . . F56
. . . F56	. . . F56
. . . F56	. . . F56
Section ninety-six	In subsection (1), the words “as respects children” and the words from “for elementary education” (where those words first occur) to the end of the subsection shall be omitted ; subsection (2) shall be omitted ; in subsection (3) for the words from “for elementary education” to the end of the subsection there shall be substituted the words “shall be defrayed as expenses under the enactments relating to education” ; in subsection (4), for the word “under” (where that word secondly occurs) there shall be substituted the words “in accordance with”, and the words “as expenses of elementary education under the Education Act, 1921” shall be omitted.

Textual Amendments

F56 Sch. 8 Pt. I entries, except those relating to ss. 10 and 96 of the Children and Young Persons Act 1933 repealed by virtue of Mental Health Act 1959 (c. 72), s. 149(2), Sch. 8 Pt. I, London Government Act 1963 (c. 33), s. 93(1), Sch. 18 Pt. II, Children and Young Persons Act 1963 (c. 37), s. 64(3), Sch. 5, Children Act 1972 (c. 44), s. 2(2), Sch. and Statute Law (Repeals) Act 1978 (c. 45), s. 1, Sch. 1 Pt. V

F57 Entry in Sch. 8, relating to s. 10 of the Children and Young Persons Act 1933, repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19, para. 28, Sch. 21 Pt. I; S.I. 1993/1975, art. 9. Sch. 1

Modifications etc. (not altering text)

C6 The 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.

PART I E+W ENACTMENTS AMENDED FROM DATE OF COMMENCEMENT OF PART II OF THIS ACT.

Modifications etc. (not altering text)

C7 The 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.

Enactment to be amended.	Amendment.
The Mental Deficiency Act, 1913
. . . F60	. . . F60
. . . F60	. . . F60
The Ministry of Agriculture and Fisheries Act, 1919
. . . F60	. . . F60
The Children and Young Persons Act, 1933.
Section ten	In subsection (1), after the word “years” there shall be inserted the words “or any young person who has not attained the age at which under the enactments relating to education children cease to be of compulsory school age”, and for the words from “is totally exempted” to the end of the subsection there shall be substituted the words “or young person is not, by being so taken with him, prevented from receiving efficient full-time education suitable to his age ability and aptitude, be liable on summary conviction to a fine not exceeding twenty shillings” ; in subsection (2) after the word “child” in both places where that word occurs, there shall be inserted the words “or young person” ; for subsection (3) there shall be substituted the following subsection :— “(3) Where in any proceedings for an offence against this section it is proved that the parent or guardian of the child or young person is engaged in any trade or business of such a nature to require him to travel from place to place, the person against whom the proceedings were brought shall be acquitted if it is proved that the child or young person has attanded a scool as which he was a registered pupil as regularly as the nature of the trade or business of the parent or guardian permits : Provided that in the case of a child or young person who has attained the age of six years the person against whom the proceedings were brought shall not be entitled to be acquitted under this subsection unless it is proved that the child or young person has made at least two hundred attendances during the period of twelve months ending with the date on which the proceedings were instituted.”
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Section ninety-six	In subsection (1), the words “as respects children” and the words from “for elementary education” (where those words first occur) to the end of the subsection shall be omitted ; subsection (2) shall be omitted ; in subsection (3) for the words from “for elementary education” to the end of the subsection there shall be substituted the words “shall be defrayed as expenses under the enactments relating to education” ; in subsection (4), for the word “under” (where that word secondly occurs) there shall be substituted the words “in accordance with”, and the words “as expenses of elementary education under the Education Act, 1921” shall be omitted.

Textual Amendments

F60 Sch. 8 Pt. I entries, except those relating to ss. 10 and 96 of the Children and Young Persons Act 1933 repealed by virtue of Mental Health Act 1959 (c. 72), s. 149(2), Sch. 8 Pt. I, London Government Act 1963 (c. 33), s. 93(1), Sch. 18 Pt. II, Children and Young Persons Act 1963 (c. 37), s. 64(3), Sch. 5, Children Act 1972 (c. 44), s. 2(2), Sch. and Statute Law (Repeals) Act 1978 (c. 45), s. 1, Sch. 1 Pt. V

PART II E+W ENACTMENTS AMENDED FROM DATE ON WHICH SECTION FORTY-FOUR OF THIS ACT COMES INTO OPERATION . . . F58

Textual Amendments

F58 Sch. 8 Pt. II repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. V

F59 F59 NINTH SCHEDULE E+W

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Textual Amendments

F59 S. 119, Sch. 9 repealed by Education Act 1973 (c. 16), Sch. 2 Pt. I