Legalize / United Kingdom / Public General Act

Education Reform Act 1988

Type Public General Act

Publication 1988-07-29

Last updated 2024-08-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) For the purposes of this section a person shall be taken to be promoted on or after 20th November 1987 if (and only if) immediately before that date he is paid on a scale which provides for a maximum rate of remuneration (his former pay scale) and on or after that date the terms of his appointment, or of his contract of employment, are varied (whether with effect before or after that date) so that—

(a) his rate of remuneration is increased to a rate which exceeds the highest point on his former pay scale at the date on which the increase takes effect; or

(b) he is paid on another scale on which the highest point at the date the variation takes effect exceeds the highest point on his former pay scale at that date; or

(4) For the purposes of subsection (3) above references, in relation to a pay scale, to the highest point on the scale at any date are references to the maximum rate of remuneration payable at that date in accordance with the scale whether on a regular or a discretionary basis.

(5) For the purposes of this section a person holding an office or position of any description shall not be taken to be promoted by reason only of any general variation of the terms of appointment or of contracts of employment of persons holding offices or positions of that description.

(6) Modifications such as are mentioned in subsection (2) above shall not apply in relation to a person who held an office or position at the institution in question immediately before 20th November 1987 by reason only of the fact that—

(a) he is appointed to, or employed in, a different office or position at the institution instead of his former office or position if the terms of his appointment or of his contract of employment which relate to remuneration are the same as those of his former appointment or contract of employment;

(b) he is appointed to, or employed in, an additional office or position at the institution which carries no remuneration; or

(c) he is promoted or is appointed to, or employed in, a different office or position at the institution if he is so promoted, appointed or employed only on a temporary basis for a particular purpose with an expectation that the promotion will cease to have effect, or that he will resume his former office or position, when that purpose is accomplished.

(7) Modifications made for the purpose of securing that the statutes of a qualifying institution comply with the requirements of section 203(1)(b) of this Act shall not apply in relation to anything done or omitted to be done before the date on which the instrument making the modifications is approved under subsection (9) below.

(8) Subject to subsections (2) to (7) above, the Commissioners’ powers under this section include power to make such incidental, supplementary and transitional provision as they consider necessary or expedient.

(9) No instrument made in the exercise of the Commissioners’ powers under this section shall have effect unless it has been approved by Her Majesty in Council.

Procedure for exercise of Commissioners’ powers.

205

(1) This section applies where the Commissioners propose to exercise the powers conferred on them by section 204 of this Act in relation to a qualifying institution.

(2) The Commissioners shall send a copy of the proposed modifications to each of the following persons, namely—

(a) the body appearing to the Commissioners to have responsibility for the management and administration of the institution’s revenue and property and the conduct of its affairs;

(b) such bodies representing qualifying institutions as appear to them to be concerned;

(e) such other persons appearing to the Commissioners to be concerned as they consider it would be appropriate to consult;

and shall afford those persons a reasonable opportunity of making representations as to the issues arising.

(3) After taking into account any representations made by those persons, the Commissioners shall submit the modifications, with or without revisions, to Her Majesty in Council.

(4) Her Majesty in Council may remit for reconsideration by the Commissioners any modifications submitted under subsection (3) above; and any remission under this subsection shall be accompanied by a declaration of the reasons for it.

(5) The Commissioners shall reconsider and revise any modifications remitted under subsection (4) above; and subsections (2) to (4) above shall apply in relation to any modifications so revised as they apply in relation to modifications originally proposed.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of visitor’s jurisdiction.

206

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Power to make incidental, etc., provisions by Order in Council.

207

(1) Her Majesty may at any time by Order in Council make such incidental, consequential or supplementary provision as appears to Her necessary or expedient—

(a) for the general purposes or any particular purposes of any exercise of the Commissioners’ powers under section 204 of this Act;

(b) in consequence of any exercise of those powers or for the purpose of giving full effect to any such exercise; ...

(2) An Order in Council under this section may in particular amend, repeal or revoke (with or without savings) any provision of—

(a) an Act passed or a charter granted; or

(b) an instrument under an Act or charter made,

before the passing of this Act.

Corresponding provision for Northern Ireland.

208

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is only made for purposes corresponding to the purposes of sections 202 to 207 of, and Schedule 11 to, this Act—

(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Grants

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209

Grants for the education of travellers and displaced persons.

210

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Grants in respect of special provision for immigrants

211

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212

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213

Unrecognised degrees

Unrecognised degrees.

214

(1) Any person who, in the course of business, grants, offers to grant or issues any invitation relating to any award—

(a) which may reasonably be taken to be an award granted or to be granted by a United Kingdom institution; and

(b) which either—

(i) is described as a degree; or

(ii) purports to confer on its holder the right to the title of bachelor, master or doctor and may reasonably be taken to be a degree;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Subsection (1) above does not apply as respects anything done in relation to any recognised award; and for the purposes of this section a “recognised award” means—

(za) an award granted or to be granted by a university, college or other body which it is authorised to grant by—

(i) an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”),

(ii) an authorisation varied under section 45(1) of the 2017 Act, or

(iii) regulations under section 51(1) of the 2017 Act;

(zb) an award granted or to be granted by a body for the time being permitted by a body falling within paragraph (za) to act on its behalf in the granting of that award where the grant of that award by that other body on its behalf is authorised by—

(i) the authorisation mentioned in paragraph (za), or

(ii) regulations under section 51(1) of the 2017 Act;

(a) any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or by or under Act of Parliament (other than section 42(1), 45(1) or 51(1) of the 2017 Act) to grant degrees;

(b) any award granted or to be granted by any body for the time being permitted by any body falling within paragraph (a) above to act on its behalf in the granting of degrees; or

(c) such other award as the appropriate authority may by order designate as a recognised award for the purposes of this section.

(3) An order under subsection (2)(c) above may designate as a recognised award either—

(a) a specified award granted or to be granted by a person named in the order; or

(b) any award granted or to be granted by such a person.

(4) Where in any proceedings for an offence under this section it is shown—

(a) that the defendant granted, offered to grant or issued an invitation relating to an award; and

(b) that an address in the United Kingdom was given in any document issued by the defendant certifying the granting of the award or containing the offer or invitation in question;

the award shall be presumed to fall within subsection (1)(a) above unless it is shown that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer or invitation was addressed that the award was not granted or to be granted by a United Kingdom institution.

(5) In any proceedings for an offence under this section it shall be a defence for the defendant to show—

(a) that the award in question was granted or to be granted by virtue of authority conferred on or before 5th July 1988 by a foreign institution on the body granting the award; and

(b) that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer was addressed that the award was granted or was to be granted by virtue of authority conferred by a foreign institution.

(6) For the purposes of subsection (5) above, where—

(a) on or before 5th July 1988 authority was conferred by a foreign institution on a body to grant awards of any description for a period expiring after that date; and

(b) new authority is conferred by the institution (whether before or after the expiry of that period) on the body to grant awards of that description;

the new authority shall be taken to have been granted on or before that date.

(7) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(8) Proceedings for an offence under this section shall not, in England and Wales, be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area.

(9) Nothing in this section shall apply in relation to the granting of an award to a candidate who—

(a) before 12th May 1988 began to undertake a course of education approved by the person granting the award in preparation for an examination to qualify for the award; and

(b) whether before or after that date, passes the examination;

and in this subsection “examination” includes any form of assessment and the reference to passing an examination shall be construed accordingly.

(9ZA) For the purposes of this section as it extends to England and Wales, “the appropriate authority” means—

(a) so far as the power to make an order under subsection (2)(c) is exercisable in relation to England, the Office for Students, and

(b) so far as the power to make an order under that provision is exercisable in relation to Wales, the Welsh Ministers.

(9A) For the purposes of this section as it extends to Scotland, “the appropriate authority” means the Scottish Ministers.

(10) For the purposes of this section—

(a) a “United Kingdom institution” —

(i) means any institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is situated outside the United Kingdom , and

(ii) includes the Office for Students

(b) a “foreign institution” means any institution other than a United Kingdom institution; and

(c) the reference to issuing an invitation relating to any award includes in particular the issuing of any circular, prospectus or advertisement relating to an award, whether addressed to the public generally, to any section of the public, or to any particular individual or individuals.

Unrecognised degrees: enforcement.

215

(1) It shall be the duty of every local weights and measures authority to enforce the provisions of section 214 of this Act within their area; and such an authority shall, whenever the appropriate authority so directs, make to the appropriate authority a report on the exercise of their functions under this section and section 214 of this Act in such form and containing such particulars as the appropriate authority may direct.

(1A) For the investigatory powers available to a local weights and measures authority for the purposes of the duty to enforce imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015.

(1B) “The appropriate authority” means—

(a) in the case of a weights and measures authority in England, the Secretary of State,

(b) in the case of a weights and measures authority in Wales, the Welsh Ministers, and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.

Identification of bodies granting or providing courses for recognised awards etc.

216

(1) The appropriate authority may by order designate each body which appears to the authority to be a recognised body within subsection (4)(a), (b) or (c).

(1A) For the purposes of sections 214 and 215, any body for the time being designated by an order under subsection (1) as a recognised body within subsection (4)(c) is conclusively presumed to be such a body.

(2) The appropriate authority shall compile, maintain and publish by order a list including the name of every body which appears to the authority to fall for the time being within subsection (3) below.

(2ZA) For the purposes of this section as it extends to England and Wales, “the appropriate authority” means—

(a) so far as the functions in question are exercisable in relation to England, the Office for Students, and

(b) so far as the functions in question are exercisable in relation to Wales, the Welsh Ministers.

(2A) For the purposes of this section, as it extends to Scotland, “the appropriate authority” means the Scottish Ministers.

(3) A body falls within this subsection if it is not a recognised body and it—

(za) provides any course which is—

(i) in preparation for a degree to be granted by a recognised body within subsection (4)(a) or (b) which the recognised body is authorised to grant by the authorisation or regulations mentioned in subsection (4)(a), and

(ii) is approved by or on behalf of that recognised body;

(a) provides any course which is in preparation for a degree to be granted by a recognised body within subsection (4)(c) and is approved by or on behalf of the recognised body; or

(b) is a constituent college, school or hall or other institution of a university which is a recognised body.

(4) In this section “recognised body” means —

(a) a body which is authorised to grant awards by—

(i) an authorisation given under section 42(1) of the Higher Education and Research Act 2017 (“the 2017 Act”),

(ii) an authorisation varied under section 45(1) of the 2017 Act, or

(iii) regulations under section 51(1) of the 2017 Act,

(b) a body for the time being permitted by a body within paragraph (a) to act on its behalf in the granting of awards where the grant of the awards by that other body on its behalf is authorised by the authorisation or regulations mentioned in paragraph (a), or

Unrecognised degrees: Northern Ireland and Channel Islands.

217

(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is only made for purposes corresponding to the purposes of sections 214 to 216 of this Act—

(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule; but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Her Majesty may by Order in Council direct that those sections shall extend to any of the Channel Islands with such adaptations and modifications (if any) as may be specified in the Order.

Miscellaneous provisions

School and further and higher education regulations.

218

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Regulations under section 218(6): further provision.

218A

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Powers of the Secretary of State in relation to certain educational institutions.

219

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Extension of functions of Audit Commission.

220

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Avoidance of certain contractual terms.

221

(1) This section applies to any contract made after 20th November 1987—

(a) for purposes connected with a local authority’s education functions, between the authority and a person employed by the authority; or

(b) between a governing body of a foundation, voluntary aided or foundation special school and a person employed by the governing body,

other than a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.

(2) In so far as a contract to which this section applies provides that the employee—

(a) shall not be dismissed by reason of redundancy; or

(b) if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay him under section 135 of the Employment Rights Act 1996,

the contract shall be void and of no effect.

(3) In this section—

“governing body”, in relation to an institution, includes a body corporate established for the purpose of conducting that institution;

. . .provides higher education or further education (or both); andis either a designated assisted institution or an institution which is grant-aided or eligible to receive aid by way of grant.

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222

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223

Superannuation for staff of Further Education Unit.

224

(1) The persons to whom section 1 of the Superannuation Act 1972 applies (persons to or in respect of whom benefits may be provided by schemes under that section) shall include—

(a) persons who at any time after the passing of this Act are serving in employment with the company formed and registered under the Companies Act 1948 and known at the passing of this Act as the Further Education Unit; and

(b) persons who at any time before the passing of this Act have ceased to serve in employment with that company;

and accordingly a reference to that company shall be inserted at the appropriate point in the alphabetical list of “Other Bodies” in Schedule 1 to that Act.

(2) That company shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this section in the sums payable out of money provided by Parliament under that Act.

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225

Services for schools in other member States providing education for British children.

226

(1) This section applies to any school which—

(a) is situated in a member State other than the United Kingdom;

(b) provides education for pupils who are British citizens, have attained the age of five years but not the age of nineteen years and are residing in that member State;

(c) has a curriculum which, in the case of any pupil at the school, is broadly similar to the curriculum which he would follow if he were a pupil at a maintained school in England and Wales; and

(d) has such other characteristics as may be prescribed.

(2) In the case of a school to which this section applies the Secretary of State shall—

(a) on a regular basis provide the persons responsible for the management of the school with such information relating to educational developments in England and Wales as he thinks appropriate; and

(b) if those persons so request, make arrangements for inspections to be made of the school by Her Majesty's Chief Inspector of Education, Children's Services and Skills.

(3) The Secretary of State shall charge the persons at whose request any inspection of a school is made under this section such fees as will cover the full cost of the inspection.

(4) In this section “maintained school” means any community, foundation or voluntary school..

Wales

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227

Transfer of property to grant-aided institutions in Wales.

228

(1) This section applies to any institution in Wales which—

(a) is conducted by a body corporate; and

(b) has a full-time equivalent enrolment number for courses of higher education which exceeds 55 per cent. of its total full-time equivalent enrolment number.

(2) Where in the case of any institution to which this section applies—

(a) the Secretary of State proposes to make to the body conducting the institution grants under regulations made under section 485 of the Education Act 1996; and

(b) any land or other property of a local authority is for the time being used or held, or any subsisting rights or liabilities of such an authority were acquired or incurred, for the purposes of the institution;

the Secretary of State may by order designate the institution for the purposes of this section.

(3) Subject to the following provisions of this section, on the date on which any designation of an institution under this section takes effect the property, rights and liabilities mentioned in subsection (4) below shall be transferred to, and by virtue of this Act vest in, the body corporate by whom the institution is conducted.

(4) The property, rights and liabilities referred to in subsection (3) above are—

(a) all land or other property which, immediately before that date, was property of any local authority used or held for the purposes of the designated institution; and

(b) all rights and liabilities of any such authority subsisting immediately before that date which were acquired or incurred for those purposes.

(5) Subsection (3) above shall not apply to—

(a) any liability of any such authority in respect of the principal of, or any interest on, any loan; or

(b) any liability of any such authority in respect of compensation for premature retirement of any person formerly employed by them.

(6) Section 198 of this Act shall apply to a transfer under this section; and the preceding provisions of this section are subject to Schedule 10 to this Act.

(7) In the application of that Schedule in relation to a transfer under this section references in paragraph 1 to a relevant institution shall include references to an institution designated under this section.

(8) Section 199 of this Act shall apply to an institution designated under this section; and for the purposes of that section as it applies by virtue of this section subsection (2) of that section shall apply as if paragraph (a) defined an excepted liability as one which would have been transferred under subsection (3) of this section but for subsection (5)(a) of this section.

(9) Expressions used in this section to which a meaning is given for the purposes of Part II of this Act have the same meaning in this section; and section 138 of this Act shall apply for the purpose of the construction of subsections (2)(b) and (4)(a) above.

(10) In this Act “transfer date” means, in relation to an institution designated under this section, the date on which the designation of that institution takes effect.

Power to make different provision for Wales in regulations under the 1944 and 1967 Acts.

229

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 4 of the Education Act 1967 (loans for capital expenditure for purposes of colleges of education), after subsection (3) there shall be inserted the following subsection—

(3A) Regulations under this section may make in relation to Wales provision different from that made in relation to England.

Supplementary

Stamp duty.

230

(1) Subject to subsection (4) below, stamp duty shall not be chargeable in respect of any transfer effected under or by virtue of any of the following provisions of this Act, namely—

. . .

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. . .

. . .

section 126 (taken with Schedule 10);

section 128(1)(b);

section 130 (taken with Schedule 10);

. . .

section 168(1) and (2);

section 180(1);

section 192;

... and

section 228 (taken with Schedule 10).

(2) Subject to subsection (4) below, stamp duty shall not be chargeable in respect of any transfer to a local authority under or by virtue of section 95(6) or (7) or 101(2) of this Act of property which immediately after the transfer is held by the authority for the purposes of an institution (or institutions) falling within subsection (3) below.

(3) An institution falls within this subsection if it is—

(a) a university;

(i) maintained by a local authority ; or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ca) an institution within the further education sector

(d) a school maintained by a local authority ; or

(e) a grant-maintained school.

(4) No instrument (other than a statutory instrument) made or executed—

(a) under or in pursuance of any of the provisions mentioned in subsection (1) above; or

(b) for the purpose of giving effect to any such transfer as is mentioned in subsection (2) above;

shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

Power to make incidental, consequential, transitional and supplementary provisions.

231

(1) The Secretary of State may at any time by order make such provision amending, repealing or revoking (with or without savings) any provision of a local Act passed, or an instrument under a local Act made, before the passing of this Act as appears to him to be necessary or expedient in consequence of any of the provisions of this Act.

(2) The Secretary of State may at any time by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient for the general purposes or any particular purposes of Part III of this Act or in consequence of any of its provisions or for giving full effect to it.

(3) An order under subsection (2) above may in particular make provision—

(a) for enabling any authority or body by whom any powers will become exercisable on the abolition date by virtue of any provision made by or under Part III of this Act to take before that date any steps (such as the establishment of committees, the making of arrangements with other authorities or bodies with respect to the exercise of those powers or the undertaking of consultations) which are necessary or expedient in preparation for the exercise of those powers;

(b) for enabling the Secretary of State to take before that date in relation to any such authority or body or in relation to anything done by that authority or body in accordance with any provision made by an order under that subsection any steps which are necessary or expedient for the purpose of the exercise by that authority or body of those powers;

(c) for the making before that date of arrangements for securing the satisfactory operation from that date of any provision made by or under that Part and for defraying the cost of any such arrangements;

(d) for amending, repealing or revoking (with or without savings) any provision of an Act passed, or an instrument under an Act made, before the abolition date, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act;

(e) with respect to the membership of any body so far as consisting of persons elected by, or appointed by or on the nomination of ILEA, whether alone or together with one or more other bodies.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The amendments that may be made under subsection (3)(d) above—

(a) shall be in addition and without prejudice to those made by any other provision of this Act; and

(b) shall, in particular, include amendments in consequence of functions under provisions applying to the Inner London Education Area becoming exercisable in their respective areas by the inner London councils.

(6) In this section, expressions to which a meaning is given for the purposes of Part III of this Act have the same meaning as in that Part.

(7) No other provision of this Act shall be construed as prejudicing the generality of the powers conferred by this section.

Orders and regulations.

232

(1) Any power of the Secretary of State to make orders or regulations under this Act (other than under any of the excepted provisions) shall be exercised by statutory instrument.

(2) For the purposes of subsection (1) above the excepted provisions are section 157, paragraph 1(4) of Schedule 7 and paragraph 4 of Schedule 9.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A statutory instrument containing—

(a) an Order in Council made under section 207 of this Act which amends or repeals any provision of an Act; or

(b) any order or regulations made by the Secretary of State under this Act, other than an order under section . . . . . ., 214, 216, . . . or 236;

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4A) The power of the Office for Students to make an order under section 214 or 216 is exercisable by statutory instrument; and the Statutory Instruments Act 1946 is to apply to such an instrument as if the order had been made by a Minister of the Crown.

(5) Orders or regulations under this Act may make different provision for different cases or circumstances and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit or, in the case of orders under section 214 or 216 made by the Office for Students, the Office for Students thinks fit.

(6) Without prejudice to subsection (5) above, orders under this Act, and regulations under any provision of this Act . . ., may make in relation to Wales provision different from that made in relation to England.

Expenses.

233

There shall be defrayed out of money provided by Parliament—

(a) any expenses incurred by the Secretary of State . . .under this Act; and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

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234

General interpretation.

235

(1) In this Act, except where the context otherwise requires—

“the 1944 Act” means the Education Act 1944;

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“the 1986 Act” means the Education (No. 2) Act 1986;

“contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996, and “employed” means employed under a contract of employment;

“financial year” means a period of twelve months ending with 31st March;

“functions” includes powers and duties;

“higher education” has the meaning given by section 120(1);

“land” includes buildings and other structures, land covered with water, and any interest in land;

“liability” includes obligation;

“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

“statutory provision” means a provision of an enactment or a statutory instrument;

“transfer date” has the meaning given by section [74(9)], 123(2), 130(8) or 228(10) as the context may require;

“university” includes a university college and any college, or institution in the nature of a college, in a university.

(2) In this Act—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) references to a higher education corporation shall be read in accordance with section 123(1);

(c) references to an institution which is or was grant-aided at any time are references to an institution maintained by persons who have received any grants under regulations made under section 100(1)(b) of the 1944 Act or section 485 of the Education Act 1996 in respect of expenditure incurred or to be incurred for any academic year of that institution current at the time in question;

(d) references to an institution which is eligible to receive aid by way of grant are references to an institution maintained by persons other than local authorities who for the time being satisfy any requirements of regulations so made with respect to the eligibility of such persons to receive grants under those regulations;

(e) references to courses of higher education are references to courses of any description mentioned in Schedule 6 to this Act;

(f) references to dismissal by reason of redundancy shall, except in section 203, be read in accordance with section 139 of the Employment Rights Act 1996;

(g) references to an interest in land include references to any easement, right or charge in, to or over land; and

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this Act—

(a) a person employed by a local authority is to be regarded as employed to work at a school or other institution if his employment with the authority for the time being involves work at that school or institution; and

(b) . . . a person employed by such an authority is to be regarded as employed to work solely at a school or other institution if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school or institution.

(4) For the purposes of this Act the City of London shall be deemed to include the Inner Temple and the Middle Temple.

(5) Any reference in section . . ., 126, 130 or 228 of this Act to liabilities incurred by a local authority shall not be read as including liabilities of such an authority to make payments to or in respect of any person in pursuance of any duty imposed on the authority under any statutory provision.

(5A) Any reference in any provision of this Act which extends to Scotland to a higher education funding council shall, in the application of that provision to Scotland, be construed as a reference to the Scottish Further and Higher Education Funding Council.

(6) Nothing in any provision of this Act or of any order made under this Act relating to the trusts subject to which any land or other property or rights transferred under this Act are to be held by the transferee shall be taken as prejudicing any modification of those trusts after that transfer under any provision of this Act or otherwise.

(7) Subject to subsection (8) below, this Act shall be construed as one with the the Education Act 1996.

(8) Where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the 1944 Act, the meaning given for the purposes of the the Education Act 1996 shall not apply for the purposes of that provision.

Commencement.

236

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Except as provided above in this section, this Act shall come into force on such date or dates as the Secretary of State may by order appoint.

(7) Different dates may be appointed in relation to different provisions of this Act and for different purposes of the same provision, including (in particular) for the purpose of bringing particular provisions into force only in relation to particular educational institutions or categories of educational institutions.

(8) Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

(9) Any such order may include such adaptations of the provisions which it brings into force, or of any other provisions of this Act then in force, as appear to the Secretary of State to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.

Amendments and repeals.

237

(1) Schedule 12 to this Act (which makes minor and consequential amendments) shall have effect.

(2) The enactments mentioned in Schedule 13 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Citation, extent etc.

238

(1) This Act may be cited as the Education Reform Act 1988.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to subsections (4) to (6) below, this Act does not extend to Scotland or Northern Ireland.

(4) Sections 131, 134, 202 to 205, 207, 214 to 216, 231, 232, 235 and 236, this section and Schedules 8 and 11 extend to Scotland.

(5) Sections 208 and 217(1) extend to Northern Ireland.

(6) The amendment by this Act of an enactment which extends to Scotland or Northern Ireland also extends there.

SCHEDULE 1

The Education Act 1944 (c. 31)

1

The following section shall be substituted for section 26 of the 1944 Act—

(26) (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 formulary which is distinctive of any particular religious 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 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.

2

(1) In section 27 of that Act (special provisions as to religious education in controlled schools), the word “education" shall be substituted for the word “instruction" in each place where it occurs in subsections (1), (2), (4) and (5).

(2) The following subsection shall be substituted for subsection (6) of that section—

(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.

3

(1) In section 28 of that Act (special provisions as to religious education in aided schools and in special agreement schools), the following subsections shall be substituted for subsection (1)—

(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) The word “education" shall be substituted for the word “instruction" in each place where it occurs in subsections (2) to (4) of that section.

4

The word “education" shall be substituted for the word “instruction"—

(a) in section 29(1) of that Act (preparation, etc., of agreed syllabus);

(b) in each place where it occurs in section 30 of that Act (saving as to position of teachers); and

(c) in section 67(3) of that Act (determination of question as to whether religious education is in accordance with trust deed relating to a voluntary school).

5

In section 77 of that Act (inspection of educational establishments)—

(a) the word “education" shall be substituted for the word “instruction" in both places where it occurs in subsection (5); and

(b) in subsection (6), for the words “instruction in a voluntary school in accordance with the provisions of this Act" there shall be substituted the words “receiving religious education in a voluntary school in accordance with section 9 of the Education Reform Act 1988".

6

In section 114(1) of that Act (interpretation) the word “education" shall be substituted for the word “instruction" in the definition of “agreed syllabus”.

7

(1) In Schedule 5 to that Act (procedure for preparing and bringing into operation an agreed syllabus of religious education) the word “education" shall be substituted for the word “instruction" in each place where it occurs in paragraphs 1, 5, 6 and 9 to 11.

(2) In paragraph 2 (representative committees constituting the conference), for sub-paragraph (a) there shall be substituted the following sub-paragraph—

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

(3) For paragraph 12 of that Schedule there shall be substituted the following paragraphs—

(12) Whenever a local education authority are of opinion (whether upon representations made to them or otherwise) that any agreed syllabus for the time being adopted by them ought to be reconsidered, the authority shall cause to be convened for that purpose a conference constituted in accordance with the provisions of this Schedule. (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, 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 either— (a) the authority report to the Secretary of State that the conference are unable to reach unanimous agreement; 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.

The Child Care Act 1980 (c. 5)

8

In the Child Care Act 1980 the word “education" shall be substituted for the word “instruction" in—

(a) section 39(2)(b) (regulations with respect to facilities for religious education in community homes); and

(b) section 42(5) (determination of questions as to religious education to be given in a controlled or assisted community home).

The Education Act 1981 (c. 60)

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

9

SCHEDULE 2

Preliminary

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

1

Status

2

The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and its property shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

3

The Authority shall have power to do anything which is calculated to facilitate, or is incidental or conducive to, the exercise or performance of any of its functions including, in particular, power—

(a) to acquire or dispose of land or other property;

(b) to enter into contracts;

(d) to invest any sums not immediately required for the purpose of the discharge of its functions;

(e) to accept gifts of money, land or other property; and

(f) to borrow money.

4

(1) The Authority shall also have power to furnish assistance, other than financial assistance, to any person or body, whether within or outside the United Kingdom.

(2) Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.

(3) In particular assistance may be provided free of charge or on such terms as to payment as the Authority may determine.

(4) The consent of the Secretary of State shall be required for the exercise of any power conferred by this paragraph.

Chief officer

5

(1) The Authority shall have a chief officer who shall be appointed—

(a) in the case of a person who is also chairman of the Authority, by the Secretary of State;

(b) in any other case, by the Authority with the approval of the Secretary of State.

(2) The appointment of the chief officer shall be on such terms and conditions as the Secretary of State or, as the case may be, the Authority with the approval of the Secretary of State may determine.

(3) No member of the Authority other than the chairman shall be appointed as chief officer.

Qualifications of members and tenure of office

6

(1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for reappointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

7

(1) If the Secretary of State is satisfied that a member of the Authority—

(a) has been absent from meetings of the Authorityfor a period longer than six consecutive months without the permission of the Authority; or

(b) is unable or unfit to discharge the functions of a member;

the Secretary of State may by notice in writing to that member remove him from office.

(2) If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Salaries, allowances and pensions for members

8

(1) The Authority—

(a) shall pay the members of the Authoritysuch salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine; and

(b) shall, as regards any member of the Authority in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(2) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.

(3) A determination or direction of the Secretary of State under sub-paragraph (1) or (2) above requires the approval of the Treasury.

House of Commons disqualification

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

9

Staff

10

(1) The Authority may, with the approval of the Secretary of State as to numbers given with the consent of the Treasury, appoint such employees as it thinks fit.

(2) The Authority shall pay to its employees such remuneration and allowances as it may determine.

(3) The employees of the Authorityshall be appointed on such terms and conditions as the Authority may determine.

(4) A determination under sub-paragraph (2) or (3) above requires the approval of the Secretary of State given with the consent of the Treasury.

(5) Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, . . .

(6) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (5) above in the sums payable out of money provided by Parliament under that Act.

(7) Where an employee of the Authority is, by reference to that employment, a participant in a scheme under section 1 of that Act and is also a member of the Authority the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority(whether or not any benefits are payable to or in respect of him by virtue of paragraph 8 above).

Finance

11

(1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by it in carrying out its functions.

(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees

12

(1) The Authority may establish a committee for any purpose.

(2) The number of the members of a committee established under this paragraph, and the terms on which they are to hold and vacate office, shall be fixed by the Authority.

(3) Such a committee may include persons who are not members of the Authority.

(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions

13

The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 12 above to exercise such of its functions as it may determine.

13A

(1) The chairman of the School Curriculum and Assessment Authority, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authorityor any committee of the Authority.

(2) The Authority shall provide the chairman of the School Curriculum and Assessment Authority with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

Proceedings

14

The validity of proceedings of the Authority shall not be affected by a vacancy among the members or any defect in the appointment of a member.

15

The Authority shall have power to regulate its own procedure and that of any of its committees.

Application of seal and proof of instruments

16

The application of the seal of the Authority shall be authenticated by the signature of the chairman or deputy chairman and that of one other member.

17

Any document purporting to be an instrument made or issued by or on behalf of the Authorityand to be duly executed under the seal of the Authority, or to be signed or executed by a person authorised by the Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Accounts

18

(1) It shall be the duty of the Authority—

(a) to keep proper accounts and proper records in relation to the accounts;

(b) to prepare in respect of each financial year of the Authority a statement of accounts . . .; and

(c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(1A) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) the information to be contained in it;

(b) the manner in which the information contained in it is to be presented; or

(2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(3) In this paragraph “financial year” means the period beginning with the date on which the Authority is established and ending with the second 31st March following that date, and each successive period of twelve months.

SCHEDULE 3

Appointment of head teacher and deputy head teacher

1

(1) This paragraph applies in relation to any appointment to fill a vacancy in the post of head teacher or deputy head teacher of a school to which section 44 of this Act for the time being applies.

(2) References in this Schedule to a vacancy in any post include a prospective vacancy in the post.

(3) The governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned below.

(4) Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with the following provisions of this paragraph before the date on which it falls vacant—

(a) the governing body shall recommend a person for appointment as acting head teacher; and

(b) the authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(5) Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with the following provisions of this paragraph before the date on which it falls vacant—

(a) the governing body may recommend a person for appointment as acting deputy head teacher; and

(b) the authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(6) References in this Schedule to staff qualification requirements are references to any requirements with respect to—

(a) qualifications;

(b) health and physical capacity; or

of teachers and other persons employed in work which brings them regularly into contact with persons who have not attained the age of nineteen years which for the time being apply under regulations made under section 27 of the 1980 Act (school and further education regulations).

(7) Before recommending any person for appointment as head teacher or deputy head teacher, the governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

(8) The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on the panel under this paragraph.

(9) The selection panel shall—

(a) interview such applicants for the post as they think fit;

(b) where they consider that it is appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them; and

(c) if their recommendation is approved by the governing body, recommend the applicant in question to the authority for appointment.

(10) If the selection panel are unable to agree on a person to recommend to the governing body or the governing body do not approve their recommendation, the governing body—

(a) may, if they think fit, re-advertise the vacancy in the manner required by sub-paragraph (7) above; and

(b) whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (9) above.

(11) The authority shall appoint the person recommended by the panel for appointment as head teacher or (as the case may be) as deputy head teacher unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(12) Where the authority decline to appoint a person recommended by the governing body for appointment as acting head teacher, the governing body shall recommend another person for appointment.

(13) Where the authority decline to appoint a person recommended by a selection panel appointed under sub-paragraph (8) above for appointment as head teacher or deputy head teacher, sub-paragraph (10) above shall apply as it applies in the cases there mentioned.

Appointment of other teachers

2

(1) Subject to sub-paragraph (2) below, sub-paragraphs (4) to (11) below apply in relation to any appointment to fill a vacancy in any teaching post (whether full-time or part-time) at a school to which section 44 of this Act for the time being applies, other than a post to which paragraph 1 above applies.

(2) Sub-paragraphs (4) to (11) below do not apply in relation to a temporary appointment to fill such a vacancy for a period not exceeding four months or where it appears to the governing body that the period for which the person appointed will hold the post in question will not exceed four months.

(3) Where it appears to the governing body in the case of any post that it would be appropriate to make such an appointment as is mentioned in sub-paragraph (2) above—

(a) they may recommend a person for appointment to the post on such terms as to the duration of the appointment as they may specify; and

(b) the local education authority shall appoint the person recommended on the terms specified unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(4) Before taking any of the steps mentioned below, the governing body shall—

(a) determine a specification for the post in consultation with the head teacher; and

(b) send a copy of the specification to the authority.

(5) The authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill the post and who either—

(a) is at the time of his nomination an employee of theirs or has been appointed to take up employment with them at a future date; or

(b) is at the time of his nomination employed by the governing body of an aided school maintained by the authority;

subject, in a case within paragraph (b) above, to the consent of the governing body of the school concerned.

(6) The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the authority in accordance with sub-paragraph (4) above, and shall do so unless either—

(a) they accept for appointment to the post a person nominated by the authority under sub-paragraph (5) above; or

(b) they decide to recommend to the authority for appointment to the post a person who is already employed to work at the school.

(7) Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill the post.

(8) Where the governing body advertise the vacancy, they shall—

(a) interview such applicants for the post and such of the persons (if any) nominated by the authority under sub-paragraph (5) above as they think fit; and

(b) where they consider it is appropriate to do so—

(i) recommend to the authority for appointment one of the applicants interviewed by them; or

(ii) notify the authority that they accept for appointment any person so nominated;

as the case may require.

(9) If the governing body are unable to agree on a person to recommend or accept for appointment, they may repeat the steps mentioned in paragraphs (a) and (b) of sub-paragraph (8) above, with or without first re-advertising the vacancy in accordance with sub-paragraph (7) above.

(10) The authority shall appoint the person recommended or accepted for appointment to the post by the governing body unless (in the case of a person other than one nominated by the authority) he does not meet any staff qualification requirements which are applicable in relation to his appointment.

(11) Where the authority decline to appoint a person recommended by the governing body for appointment the governing body shall repeat such of the steps mentioned in paragraphs (a) and (b) of sub-paragraph (8) above as they think fit, with or without first re-advertising the vacancy in accordance with sub-paragraph (7) above.

(12) The governing body may delegate any of their functions under this paragraph, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to—

(a) one or more governors;

(b) the head teacher; or

Appointments: advice of chief education officer and head teacher

3

(1) The chief education officer of the local education authority concerned shall be entitled to attend, for the purpose of giving advice, all proceedings—

(a) of the governing body;

(b) of any selection panel appointed under paragraph 1 above; or

relating to appointments to which paragraph 1 or (as the case may be) paragraph 2 above applies (including in each case any interviews).

(2) The chief education officer shall also be under a duty—

(a) to offer such advice as he considers appropriate with respect to the appointment of a head teacher, a deputy head teacher, an acting head teacher or an acting deputy head teacher or any matter arising in connection with any such appointment; and

(b) to give such advice as he considers appropriate with respect to any appointment to which paragraph 2 above applies if requested to do so by the governing body.

(3) Each of the following, that is to say—

(a) the governing body;

(b) any selection panel appointed under paragraph 1 above; and

shall consider any advice given by the chief education officer with respect to any matter it falls to them to determine relating to any appointment before determining that matter, whether or not the advice was given at their request.

(4) Except in relation to the appointment of a head teacher—

(a) sub-paragraph (1) above shall apply in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer; and

(b) sub-paragraph (3) above shall apply in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.

Appointment of non-teaching staff

4

(1) Where the governing body of any school to which section 44 of this Act for the time being applies wish to appoint a person to work in a non-teaching post at the school, they may recommend a person to the local education authority concerned for appointment to the post.

(2) Such a recommendation shall be in writing and shall specify—

(a) the duties to be performed by the person appointed (including, where the post is part-time, his hours of work);

(b) the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and

(c) where the authority have any discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies which the governing body consider appropriate in the case of the person recommended for appointment.

(3) Before selecting a person to recommend for appointment to such a post and determining in relation to any such recommendation any matters mentioned in sub-paragraph (2) above, the governing body shall consult—

(a) the head teacher (where he would not otherwise be involved in the decision); and

(b) in any case where the post involves or, in the case of a new post, it is proposed that it should involve, work at the school for sixteen hours a week or more, the chief education officer of the authority.

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