The Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1990

Statutory Instruments

1990 No. 773

EDUCATION, ENGLAND AND WALES

The Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1990

Made

29th March 1990

Laid before Parliament

29th March 1990

Coming into force

1st April 1990

The Secretary of State for Education and Science, in exercise of the powers conferred on him by section 231(2) to (5) of the Education Reform Act 1988(1) (“the Act”) hereby makes the following Order:

1.  This Order may be cited as the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1990 and shall come into force on 1st April 1990.

2.—(1) The provisions specified in paragraph (2) below (“the specified provisions”) shall apply in relation to the London Residuary Body as respects a relevant course as if that Body were the local education authority for the area comprising the area of all the inner London councils.

(2) The specified provisions are sections 1, 2 and 4 of, and Schedule 1 to, the Education Act 1962(2), the Education (Mandatory Awards) Regulations 1989(3) and section 209 of the Act.

(3) The specified provisions shall not apply to the inner London councils to the extent that they apply to the London Residuary Body by virtue of paragraph (1) above.

(4) In paragraph (1) above “a relevant course” means a course to which section 1 or (as the case may be) section 2 of the said Act of 1962 applies—

(a) in respect of which an award has been bestowed by the Inner London Education Authority (“ILEA”); or

(b) which commenced on or after 1st September 1989 and before 1st April 1990 and in respect of which an application for an award has been made to ILEA (but not refused) or would fall to be made to ILEA but for its abolition.

3.  Without prejudice to section 195 of the Act, anything which immediately before 1st April 1990 was in the process of being done by or in relation to ILEA in the exercise of or in connection with the specified functions as respects a relevant course may be continued by or in relation to the London Residuary Body.

John MacGregor

Secretary of State for Education and Science

29th March 1990

Explanatory Note

(This note is not part of the Order)

This Order applies the provisions of the Education Act 1962 which are concerned with mandatory and discretionary awards to students to the London Residuary Body (“the LRB”). From 1st April 1990, the date on which the Inner London Education Authority (“ILEA”) is abolished, the LRB is constituted the local education authority for the former ILEA area in respect of awards already made by ILEA and awards relating to courses beginning between 1st September 1989 and 31st March 1990 but not yet made.

Section 209 of the Education Reform Act 1988, which places the Secretary of State under a duty to re-imburse local education authorities for their mandatory awards expenditure, is also applied to the LRB to require the Secretary of State to meet such expenditure made by the LRB.

(1)

1988 c. 40

(2)

1962 c. 12; sections 1, 2 and 4 and Schedule 1 were substituted by section 19 of, and Schedule 5 to, the Education Act 1980 (c. 20); section 1(3)(d) was amended by section 4 of the Education (Grants and Awards) Act 1984 (c. 11)

(3)

S.I. 1989/1458