Education Act 1996

For section 14(4) of that Act there is substituted—

(4) This Act shall be construed as one with the Education Act 1996.

7

In paragraph 2 of Schedule 1 to that Act (ordinary residence) for “section 31(3) of the Education Act 1980” there is substituted “ the Education Act 1996 in accordance with regulations made under section 579(4) of that Act. ”

London Government Act 1963 (c. 33)

8

In section 30(1) of the London Government Act 1963 (local authorities) for “the Education Acts 1944 to 1962 or in any other Act” there is substituted “ any Act ”.

9

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

Children and Young Persons Act 1963 (c. 37)

10

In section 37(3) of the Children and Young Persons Act 1963 (exceptions to restriction on persons under 16 taking part in public performances etc.) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

11

In section 38 of that Act (restriction on licences for performances by children under 13)—

• (a) in subsection (1) for “thirteen” there is substituted “ fourteen ”;

• (b) subsection (2) is omitted; and

• (c) in the sidenote, for “13” there is substituted “ 14 ”.

Veterinary Surgeons Act 1966 (c. 36)

12

In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of “recognised institution” following paragraph 5, for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Education Act 1967 (c. 3)

13

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

Public Expenditure and Receipts Act 1968 (c. 14)

14

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees, etc.) for “The Education Act 1944 (c.31) section 94” there is substituted “ The Education Act 1996 (c.56) section 564 ”.

Children and Young Persons Act 1969 (c. 54)

15

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

16

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

Local Authorities (Goods and Services) Act 1970 (c. 39)

17

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

Local Authority Social Services Act 1970 (c. 42)

18

In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee) the entry relating to the Education Act 1993 is omitted and at the end there is added—

Education Act 1996.	Education Act 1996.
Section 322....................	Help for local authority in exercising functions under Part IV of the Act.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

19

In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to and facilities at university and school buildings) for the words from “and expressions used” onwards there is substituted “ and expressions used in paragraph (b) above and in the Education Act 1996 have the same meanings as in that Act. ”

Pensions (Increase) Act 1971 (c. 56)

20

In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions payable out of local funds), in paragraph 57, for “the Education Act 1944” there is substituted “ the Education Act 1996. ”

Superannuation Act 1972 (c. 11)

21

• (1) Schedule 1 to the Superannuation Act 1972 shall continue—

• (a) to include . . . and the entries relating to the Funding Agency for Schools and the Schools Funding Council for Wales (originally inserted by Schedule 19 to that Act); . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Local Government Act 1972 (c. 70)

22

• (1) Section 104(2)(a) of the Local Government Act 1972 (teachers not disqualified for being members of committees) shall continue to have effect with the following amendment (originally made by Schedule 19 to the Education Act 1993).

• (2) For “for the purposes of the enactments relating to education” there is substituted “ wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local authorities ”.

23

In section 112(4)(b) of that Act (appointment of staff) for “section 88 of the Education Act 1944” there is substituted “ section 532 of the Education Act 1996 ”.

24

In section 139(4) of that Act (acceptance of gifts of property) for “the Education Acts 1944 to 1971” there is substituted “ the Education Act 1996 ”.

25

In section 177(1) of that Act (supplementary provisions as to allowances) for “paragraph 4 of Schedule 2 to the Education Act 1980” there is substituted “ paragraph 4 of Schedule 33 to the Education Act 1996 ”.

Fair Trading Act 1973 (c. 41)

26

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

Local Government Act 1974 (c. 7)

27

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

28

In section 31A(2) of that Act (consideration of adverse reports) for “paragraph 1 of Schedule 2 to the Education Act 1980” there is substituted “ paragraph 1 of Schedule 33 to the Education Act 1996 ”.

29

In paragraph 5(1) of Schedule 5 to that Act (matters not subject to investigation) for the words from “section 23” to “1986” there is substituted “ section 370 of the Education Act 1996 or section 17 of the Education (No.2) Act 1986 ”.

House of Commons Disqualification Act 1975 (c. 24)

30

• (1) Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—

• (a) shall be amended as provided in sub-paragraphs (2) and (3); and

• (b) shall continue to include the entries set out in sub-paragraph (4) (originally inserted by Schedule 19 to the Education Act 1993).

• (2) For the entry relating to the Curriculum and Assessment Authority for Wales there is substituted—

Any member of the Curriculum and Assessment Authority for Wales constituted under section 360 of the Education Act 1996 in receipt of remuneration

• (3) For the entry relating to the School Curriculum and Assessment Authority there is substituted—

Any member of the School Curriculum and Assessment Authority constituted under section 358 of the Education Act 1996 in receipt of remuneration

• (4) The entries referred to in sub-paragraph (1)(b) are—

Any member of an education association in receipt of remuneration

Any member of the Funding Agency for Schools in receipt of remuneration

, and

Any member of the Schools Funding Council for Wales in receipt of remuneration

Sex Discrimination Act 1975 (c. 65)

31

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

32

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

33

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

34

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

35

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

36

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

37

In Schedule 2 to that Act (transitional exemption orders for educational admissions)—

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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictive Trade Practices Act 1976 (c. 34)

38

In Schedule 1 to the Restrictive Trade Practices Act 1976 (services excluded from section 13), in paragraph 14, for “the Education Act 1944,” there is substituted “ the Education Act 1996, ”.

Race Relations Act 1976 (c. 74)

39

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

40

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

41

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

42

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

43

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

National Health Service Act 1977 (c. 49)

44

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

45

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

46

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

Education Act 1980 (c.20)

47

• (1) Section 38 of the Education Act 1980 (citation etc.) shall be amended as follows.

• (2) Subsections (2) and (4) to (6) are omitted.

• (3) For subsection (3) there is substituted—

(3) This Act shall, in its application to England and Wales, be construed as one with the Education Act 1996.

• (4) In subsection (7), for the words from the beginning to “Northern Ireland;” there is substituted “ In this Act section 20 and this section extend to Northern Ireland, ”.

Education (Scotland) Act 1980 (c. 44)

48

• (1) Section 48A of the Education (Scotland) Act 1980 (corporal punishment) shall continue to have effect with the following amendments (originally made by section 294 of the Education Act 1993).

• (2) In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ”, and after that subsection there is inserted—

(1A) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading. (1B) In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.

• (3) In subsection (5) for the words preceding paragraph (a) there is substituted

In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school. (5A) Subsection (1) above applies to a pupil

• (4) In subsection (8)(a) for “(5)(a)(iii)” there is substituted “ (5A)(a)(iii) ”.

Local Government, Planning and Land Act 1980 (c.65)

49

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

Acquisition of Land Act 1981 (c. 67)

50

In section 1(2) of the Acquisition of Land Act 1981 (application of Act) for “section 90(1) of the Education Act 1944” there is substituted “ section 530(1) of the Education Act 1996 ”.

51

• (1) Section 17(4) of that Act (statutory undertakers) shall have effect with the following amendment instead of that made by section 11 of the Education Act 1993.

• (2) After paragraph (aa) of the definition of “statutory undertakers” there is inserted—

1. the Funding Agency for Schools,
2. the Schools Funding Council for Wales,

Greater London Council (General Powers) Act 1981 (c. xvii)

52

In section 16 of the Greater London Council (General Powers) Act 1981 (exemptions from Part IV)—

• (a) in paragraph (b) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”; and

• (b) in paragraph (k) for “section 100(1)(b) of the said Act of 1944” there is substituted “ section 485 of the Education Act 1996 ”.

Agricultural Training Board Act 1982 (c. 9)

53

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

Industrial Training Act 1982 (c. 10)

54

In section 5 of the Industrial Training Act 1982 (functions of boards) for the subsection (7) inserted by the Education Reform Act 1988 there is substituted—

(8) In this section “post-school education” means— (a) in England and Wales, “higher education” as defined by section 120(1) of the Education Reform Act 1988 or “further education” as defined by section 2(3) to (5) of the Education Act 1996; and (b) in Scotland, “further education” within the meaning of the Education (Scotland) Act 1980.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

55

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

Representation of the People Act 1983 (c. 2)

56

• (1) Paragraph 22 of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) shall continue to have effect with the following amendment (originally made by Schedule 19 to the Education Act 1993).

• (2) In sub-paragraph (1)(i), after “authority” there is inserted “ a grant-maintained school ”.

Education (Fees and Awards) Act 1983 (c. 40)

57

In section 1(4) of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments)—

• (a) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”; and

• (b) for “the Education Act 1944” there is substituted “ the 1996 Act ”.

Registered Homes Act 1984 (c. 23)

58

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

Building Act 1984 (c. 55)

59

In section 4(1)(a) of the Building Act 1984 (exemption of educational buildings etc) for sub-paragraphs (i) to (iv) substitute—

(i) plans that have been approved by the Secretary of State, (ii) particulars submitted and approved under section 39 or 44 of the Education Act 1996 or under regulations made under section 544 of that Act or section 218(7) of the Education Reform Act 1988, (iii) particulars approved or adopted under section 214, 262 or 341 of the Education Act 1996, or (iv) particulars given in a direction under section 428 of that Act.

Greater London Council (General Powers) Act 1984 (c. xxvii)

60

In section 10(2)(g) of the Greater London Council (General Powers) Act 1984 (buildings excepted from Part IV) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

Further Education Act 1985 (c. 47)

61

In section 8(3) (short title etc.) for “the Education Act 1944” there is substituted “ the Education Act 1996. ”

Housing Act 1985 (c. 68)

62

In Schedule 1 (tenancies which are not secure tenancies), in paragraph 10(4), for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Local Government Act 1986 (c. 10)

63

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

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

64

• (1) Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) shall be amended as follows.

• (2) In subsection (1)(a) for “or 168 of the Education Act 1993” there is substituted “ section 168 of the Education Act 1993 or section 324 of the Education Act 1996 ”.

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

• (4) In subsection (9)—

• (a) for “Part III of the Education Act 1993” there is substituted “ Part IV of the Education Act 1996 ”; and

• (b) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Education (No. 2) Act 1986 (c. 61)

65

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

66

• (1) Section 67 of that Act (short title etc.) shall be amended as follows.

• (2) Subsections (2), (5) and (6) are omitted.

• (3) In subsection (3), for “the 1944 Act” there is substituted “ the Education Act 1996. ”

• (4) In subsection (7), for the words from the beginning to “Northern Ireland;” there is substituted “ In this Act section 48 and this section extend to Scotland, ”.

Reverter of Sites Act 1987 (c. 15)

67

• (1) The Reverter of Sites Act 1987 shall be amended as follows.

• (2) In section 1(5) (right of reverter replaced by trust for sale) for “section 2 of the Education Act 1973” there is substituted “ section 554 of the Education Act 1996 ”.

• (2) In section 5 (orders under Education Act 1973)—

• (a) in subsection (1), for “section 2 of the Education Act 1973” there is substituted “ section 554 of the Education Act 1996 ”; and

• (b) for “section 2 of the said Act of 1973”, wherever occurring, there is substituted “ section 554 of the 1996 Act ”.

Local Government Act 1988 (c. 9)

68

In paragraph 8(3)(a) of Schedule 1 to the Local Government Act 1988 (competition) for “section 53 of the Education Act 1944 (whether or not also provided under section 41 of that Act)” there is substituted “ section 508 of the Education Act 1996 (whether or not also provided under section 15 of that Act) ”.

Criminal Justice Act 1988 (c. 33)

69

In section 139A(6) and (7) of the Criminal Justice Act 1988 (as amended by the Offensive Weapons Act 1996), for “section 14(5) of the Further and Higher Education Act 1992” there is substituted “ section 4 of the Education Act 1996 ”.

Education Reform Act 1988 (c. 40)

70

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

71

In section 161(1)(b)(i) of that Act (interpretation of Part II) for “section 41 of the 1944 Act” there is substituted “ section 15 of the Education Act 1996 ”.

72

In section 163(1) of that Act (new education authorities for London) for “the Education Acts 1944 to 1996” there is substituted “ the Education Act 1996 ”.

73

In section 166(5) of that Act (responsibility for schools) for “the Education Acts 1944 to 1993” there is substituted “ the Education Act 1996 ”.

74

• (1) Section 197 of that Act (Education Transfer Council) shall be amended as follows.

• (2) In subsection (6), for “the Education Acts 1944 to 1993” there is substituted “ the Education Acts ”.

• (3) Subsection (7) shall continue to have effect with the insertion of the words “and any governing body of a maintained or grant-maintained school” (originally inserted by section 47(5) of the Education Act 1993); and in that subsection for “the Education Acts 1944 to 1993” there is substituted “ the Education Acts ”.

• (4) In subsection (7B), for “the Education Acts 1944 to 1992” there is substituted “ the Education Acts ”.

• (5) At the end of the section there is added—

(10) In this section “the Education Acts” has the meaning given by section 578 of the Education Act 1996.

75

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

76

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

77

For section 219 of that Act there is substituted—

(219) (1) This section applies to any institution which is maintained by a local authority and provides higher education or further education (or both). (2) Section 495(1) of the Education Act 1996 (determination of disputes by the Secretary of State) shall apply in relation to the governing body of an institution to which this section applies as it applies in relation to the governing body of a school. (3) Each of sections 496 and 497 of that Act (power of Secretary of State to prevent unreasonable exercise of functions and Secretary of State’s general default powers) shall have effect as if any reference to a body to which that section applies included a reference to the governing body of an institution to which this section applies. (4) Section 498 of that Act (powers of Secretary of State where there is no properly constituted governing body) shall have effect as if any reference to a school to which that section applies included a reference to an institution to which this section applies.

78

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

79

In section 228 of that Act (transfer of property to grant-aided institutions in Wales), in subsection (2)(a), for “section 100(1)(b) of the 1944 Act” there is substituted “ section 485 of the Education Act 1996 ”.

80

In section 232 of that Act (orders and regulations)—

• (a) in subsection (2), for the words from “sections” to “Schedule 5” there is substituted “ section 157 ”;

• (b) subsection (3) is omitted; and

• (c) in subsection (4), “3(4)(a), 4(2)(c), 24,” is omitted.

81

• (1) Section 235 of that Act (general interpretation) shall be amended as follows.

• (2) In subsection (1) the definition of “the 1980 Act” is omitted.

• (3) In subsection (2)(c), after “1944 Act” there is inserted “ or section 485 of the Education Act 1996 ”.

• (4) In subsections (7) and (8), for “the 1944 Act” in each place there is substituted “ the Education Act 1996 ”.

82

• (1) Schedule 10 to that Act (supplementary provisions with respect to transfers)—

• (a) shall continue to have effect with the amendments set out in sub-paragraph (2) (originally made by section 47 of the Education Act 1993); . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The amendments mentioned in sub-paragraph (1)(a) are as follows—

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

• (b) in paragraph 4(1) of the Schedule, for “by virtue of section 126 or 130” there is substituted “ to which this Schedule applies ”; . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Copyright, Designs and Patents Act 1988 (c. 48)

83

In section 174(3) of the Copyright, Patents and Designs Act 1988 (meaning of “school”) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Children Act 1989 (c. 41)

84

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

85

In section 36(5) of that Act (education supervision orders: presumption that child is not being properly educated)—

• (a) for “section 37 of the Education Act 1944” there is substituted “ section 437 of the Education Act 1996 ”; and

• (b) for “section 39” there is substituted “ section 444 ”.

86

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

87

In section 87(10) of that Act (welfare of children accommodated in independent schools) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

88

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

89

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

90

In section 91(5) of that Act (effect and duration of orders: school attendance orders) for “section 37 of the Education Act 1944” there is substituted “ section 437 of the Education Act 1996 ”.

91

In section 105(1) of that Act (interpretation) for “the Education Act 1944” in each place where it occurs, and for “the Education Act 1993”, there is substituted “ the Education Act 1996 ”.

92

In paragraph 3(b) of Schedule 2 to that Act (local authority support for children and families: assessment of children’s needs) for “Part III of the Education Act 1993” there is substituted “ Part IV of the Education Act 1996 ”.

93

• (1) Part III of Schedule 3 to that Act (education supervision orders) shall be amended as follows.

• (2) In paragraph 13—

• (a) in sub-paragraph (1) for “section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty” there is substituted “ sections 7 and 444 of the Education Act 1996 (duties to secure education of children and ”; and

• (b) in sub-paragraph (2)—

• (i) in paragraph (a)(i) for “section 192 of that Act” there is substituted “ section 437 of the Education Act 1996 ”,

• (ii) in paragraph (b)(i) for “section 192” there is substituted “ section 437 ”,

• (iii) in paragraph (b)(ii) for “section 76 of the Education Act 1944” there is substituted “ section 9 of that Act ”, and

• (iv) in paragraph (b)(iii) for “sections 6 and 7 of the Education Act 1980” there is substituted “ sections 411 and 423 of that Act ”.

• (3) In paragraph 21 for “the Education Act 1944 (as amended by Schedule 13)” there is substituted “ the Education Act 1996. ”

94

• (1) Paragraph 3 of Schedule 9 to that Act (child minding and day care: exemption of certain schools) shall be amended as follows.

• (2) In sub-paragraph (1)—

• (a) for “section 100 of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”, and

• (b) for “section 53 of the Act of 1944” there is substituted “ section 508 of that Act ”.

• (3) In sub-paragraph (3)—

• (a) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”, and

• (b) for “the Education Act 1993” there is substituted “ that Act ”.

Local Government and Housing Act 1989 (c. 42)

95

In section 2(6)(a) of the Local Government and Housing Act 1989 (politically restricted posts) for “section 88 of the Education Act 1944” there is substituted “ section 532 of the Education Act 1996 ”.

96

• (1) Section 13 of that Act (voting rights of members of committees)—

• (a) shall be amended as provided in sub-paragraphs (2), (3) and (5); and

• (b) shall continue to have effect with the amendment set out in sub-paragraph (4) (originally made by Schedule 19 to the Education Act 1993).

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

• (3) For subsection (5) there is substituted—

(5) Nothing in this section shall prevent the appointment of a person who is not a member of a local authority as a voting member of— (a) any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local authority, (b) any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local authorities, or (c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education, where that appointment is required by directions given by the Secretary of State under section 499 of the Education Act 1996 (power of Secretary of State to direct appointment of members of committees).

• (4) In subsection (7) for “education committee or sub-committee of an education committee” there is substituted “ committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection ”.

• (5) In subsection (9) the definition of “foundation governors” and the “and” immediately following it are omitted.

97

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

Education (Student Loans) Act 1990 (c. 6)

98

In section 1(3)(a) of the Education (Student Loans) Act 1990 (meaning of “institutions receiving support from public funds”) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

Town and Country Planning Act 1990 (c. 8)

99

In section 76 of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for benefit of disabled) for subsection (3) there is substituted—

(3) Expressions used in subsection (1)(e) and in the Education Act 1996 have the same meanings as in that Act.

Environmental Protection Act 1990 (c. 43)

100

In section 98(2) of the Environmental Protection Act 1990 (definitions)—

• (a) in paragraph (c)(i) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”; and

• (b) in paragraph (e) for “section 105 of the Education Reform Act 1988)” there is substituted “ section 482 of the Education Act 1996) ”.

School Teachers’ Pay and Conditions Act 1991 (c. 49)

101

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

...

102

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

103

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

104

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

105

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

106

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

107

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

Further and Higher Education Act 1992 (c. 13)

108

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

109

In section 28(3)(a) of that Act (institutions which are grant-aided or eligible to receive aid by way of grant) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

110

• (1) Section 37 of that Act (attribution of surpluses and deficits) shall be amended as follows.

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

• (3) In subsection (7)—

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

• (b) in the definition of “financial year”, for “the Education Reform Act 1988” there is substituted “ the Education Act 1996 ”.

111

In section 54(2) of that Act (duty to give information) for the words from “section 51” to “section 52 of that Act” there is substituted “ regulations under section 492 or 493 of the Education Act 1996 ”.

112

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

113

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

114

In section 89(5) of that Act (orders, regulations and directions) for “Section 111 of the Education Act 1944” there is substituted “ Section 570 of the Education Act 1996 ”.

115

• (1) Section 90 of that Act (interpretation) shall be amended as follows.

• (2) In subsection (1)—

• (a) in the definition of “the Education Acts”, for “means the Education Acts 1944 to 1996” there is substituted “ has the meaning given by section 578 of the Education Act 1996 ”; and

• (b) after that definition there is inserted—

• “further education” has the meaning given by section 2(3) to (5) of that Act;

• (3) In subsection (5), for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

116

In section 92 of that Act (Index)—

• (a) in the entry for “further education”, for “section 14(1) to (4)” there is substituted “ section 90(1) ”; and

• (b) the entries for “pupil”, “secondary education” and “school” are omitted.

117

• (1) Schedule 8 to that Act—

• (a) shall continue to have effect with the amendment set out in sub-paragraph (2) (originally made by section 47(6) of the Education Act 1993); and

• (b) shall be amended as provided in sub-paragraphs (3) and (4).

• (2) In paragraph 61, for “by virtue of section 126 or 130 and in such a case” there is substituted “ and ”.

• (3) In paragraph 62(3), for “or (as the case may be) the Education Act 1993” there is substituted “ or (as the case may be) the Education Act 1996 ”.

• (4) In—

• (a) paragraph 79(2) (which provides that, in relation to a further education corporation or a Further Education Funding Council, the reference in section 25(2) of the Sex Discrimination Act 1975 to section 99 of the Education Act 1944 is to be read as a reference to section 57(3) of the 1992 Act), . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for “section 99 of the Education Act 1944” there is substituted “ section 497 of the Education Act 1996 ”.

Tribunals and Inquiries Act 1992 (c. 53)

118

• (1) The Tribunals and Inquiries Act 1992 shall be amended as follows.

• (2) Section 11(1) (appeals from certain tribunals) shall continue to have effect with the substitution for “15(a) or (d)” of “15(a), (d) or (e)” (originally made by section 181 of the Education Act 1993).

• (3) In paragraph 15 of Schedule 1 (tribunals under general supervision of Council on Tribunals)—

• (a) in sub-paragraph (a), for “section 72 of, and Schedule 6 to, the Education Act 1944 (c. 31)” there is substituted “ section 476 of, and Schedule 34 to, the Education Act 1996 (c. 56) ”;

• (b) in sub-paragraph (b), for “Part I of Schedule 2 to the Education Act 1980 (c. 20)” there is substituted “ Part I of Schedule 33 to that Act ”;

• (c) in sub-paragraph (c), for “paragraph 5(1) of Schedule 6 to the Education Act 1993” there is substituted “ paragraph 6(1) of Schedule 23 to that Act ”; and

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charities Act 1993 (c. 10)

119

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

120

• (1) Schedule 2 to that Act (exempt charities) shall continue to have effect with the following amendments (originally made by Schedules 15 and 19 to the Education Act 1993).

• (2) After paragraph (d) there is inserted—

(da) the School Curriculum and Assessment Authority;

• (3) For paragraph (f) there is substituted—

(f) the Curriculum and Assessment Authority for Wales;

121

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

Welsh Language Act 1993 (c. 38)

122

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

...

123

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

124

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

Value Added Tax Act 1994 (c. 23)

125

In Schedule 9 to the Value Added Tax Act 1994 (exemptions), in paragraph (a) of Note (1) to Group 6 (education)—

• (a) for “the Education Acts 1944 to 1996” there is substituted “ the Education Act 1996 ”;

• (b) in sub-paragraph (iii), for “a maintained school within the meaning of the Education Act 1993 or” there is substituted “ a county school, voluntary school or maintained special school (other than one established in a hospital) within the meaning of the Education Act 1996 or a maintained school within the meaning of ”;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1994 (c. 30)

126

After section 11 of the Education Act 1994 there is inserted—

(11A) In carrying out his duties under sections 10 and 11 of the Education Act 1996 the Secretary of State shall, in particular, make such arrangements as he considers expedient for securing that sufficient facilities are available for the training of teachers to serve in schools maintained by local authorities, grant-maintained schools, institutions within the further education sector and institutions which are maintained by such authorities and provide higher education or further education (or both).

127

• (1) Section 12 of that Act (power of schools to provide courses of initial teacher training) shall be amended as follows.

• (2) In subsection (5), for “section 12 or 13 of the Education Act 1980 or section 96 of the Education Act 1993” there is substituted “ section 35, 41 or 259 of the Education Act 1996 ”.

• (3) In subsection (6)—

• (a) for “sections 33 to 43 of the Education Reform Act 1988” there is substituted “ sections 101 to 123 of the Education Act 1996 ”, and

• (b) for “Chapter VI of Part II of the Education Act 1993” there is substituted “ Chapter VI of Part III of that Act ”.

128

In section 19 of that Act (interpretation)—

• (a) in subsection (3), for “section 156 of the Education Act 1993” there is substituted “ section 312 of the Education Act 1996 ”; and

• (b) in subsection (5), for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Disability Discrimination Act 1995 (c. 50)

129

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

Employment Rights Act 1996 (c. 18)

130

In section 134(1) of the Employment Rights Act 1996 (dismissal of teachers in aided schools) for “paragraph (a) of the proviso to section 24(2) of the Education Act 1944” there is substituted “ section 134(3) of the Education Act 1996 ”.

Nursery Education and Grant-Maintained Schools Act 1996 (c. 57)

131

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

132

In section 11 of that Act (citation etc.) for subsection (2) there is substituted—

(2) This Act shall be construed as one with the Education Act 1996.

Part II — Amendments coming into force on appointed day

Children and Young Persons Act 1933 (c. 12)

133

In section 30(1)(a) of the Children and Young Persons Act 1933 (interpretation) for the words from “for the purposes” to the end of paragraph (a) there is substituted “ over compulsory school age (construed in accordance with section 8 of the Education Act 1996) ”.

Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49)

134

In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) in the definition of “young person”, for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Factories Act 1961 (c. 34)

135

In section 176(1) of the Factories Act 1961 (general interpretation) for the definition of “child” there is substituted—

• “child” means any person who is not over—
• compulsory school age (construed in accordance with section 8 of the Education Act 1996), or
• school age (construed in accordance with section 31 of the Education (Scotland) Act 1980);

Matrimonial Causes Act 1973 (c. 18)

136

In section 29(2)(a) of the Matrimonial Causes Act 1973 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Sex Discrimination Act 1975 (c. 65)

137

In section 24(2)(d) of the Sex Discrimination Act 1975 (designated establishments) after “school age” there is inserted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

138

In section 5(2)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Employment Act 1989 (c. 38)

139

In section 10 of the Employment Act 1989 (removal of restrictions relating to employment of young persons), in subsection (6), for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 8 of the Education Act 1996) ”.

SCHEDULE 38 — Repeals and revocations

Part I — Repeals coming into force on 1st November 1996

Chapter	Short title	Extent of repeal
1944 c.31.	Education Act 1944.	The whole Act.
1946 c.49.	Acquisition of Land (Authorisation Procedure) Act 1946.	In Schedule 4, the entry relating to the Education Act 1944.
1946 c.50.	Education Act 1946.	The whole Act.
1948 c.40.	Education (Miscellaneous Provisions) Act 1948.	The whole Act.
1953 c.33.	Education (Miscellaneous Provisions) Act 1953.	The whole Act.
1959 c.53.	Town and Country Planning Act 1959.	In Schedule 4, paragraph 4.
1959 c.60.	Education Act 1959.	The whole Act.
1961 c.45.	Rating and Valuation Act 1961.	The whole Act.
1962 c.12.	Education Act 1962.	Section 9.
		Section 13(4).
		Section 14(2).
1963 c.37.	Children and Young Persons Act 1963.	Section 38(2).
1964 c.82.	Education Act 1964.	The whole Act.
1967 c.3.	Education Act 1967.	Section 2.
		In section 6(1), the words from “and this Act” onwards.
1967 c.80.	Criminal Justice Act 1967.	In Part I of Schedule 3, the entry relating to the Education Act 1944.
1968 c.17.	Education Act 1968.	The whole Act.
1968 c.xxxix	Greater London Council (General Powers) Act 1968.	Section 56.
1970 c.42.	Local Authority Social Services Act 1970.	In Schedule 1, the entry relating to the Education Act 1993.
1970 c.52.	Education (Handicapped Children) Act 1970.	The whole Act.
1972 c.70.	Local Government Act 1972.	Section 192.
1973 c.16.	Education Act 1973.	Section 1(2).
		Section 2.
		In section 5(1), the words from “, and the Education Acts” onwards.
		In Schedule 1, paragraph 3.
1973 c.23.	Education (Work Experience) Act 1973.	The whole Act.
1975 c.2.	Education Act 1975.	The whole Act.
1976 c.5.	Education (School-leaving Dates) Act 1976.	The whole Act.
1976 c.81.	Education Act 1976.	The whole Act.
1977 c.49.	National Health Service Act 1977.	In Schedule 14, in paragraph 13(1)(b) “7 to 9”.
		In Schedule 15, paragraphs 2 and 3.
1979 c.49.	Education Act 1979.	The whole Act.
1980 c.20.	Education Act 1980.	Sections 1 to 18.
		Sections 21 and 22.
		Section 24.
		Section 26.
		Sections 28 to 30.
		Section 33(3).
		Sections 34 and 35.
		Section 37.
		In section 38, subsections (2) and (4) to (6).
		Schedules 1 to 4.
		Schedule 7.
1980 c.65.	Local Government, Planning and Land Act 1980.	Section 2(3).
1981 c.60.	Education Act 1981.	The whole Act.
1982 c.48.	Criminal Justice Act 1982.	In Schedule 3, the entries relating to the Education Act 1944.
1984 c.11.	Education (Grants and Awards) Act 1984.	The whole Act.
1985 c.47.	Further Education Act 1985.	Section 8(2).
1986 c.50.	Social Security Act 1986.	Section 77 so far as relating to section 22 of the Education Act 1980.
1986 c.61.	Education (No.2) Act 1986.	Sections 1 to 42.
		Sections 44 to 47.
		Sections 51 to 60.
		In section 62(1), paragraph (a) and the “(b)” immediately following it.
		In section 63, in subsection (1) the words “(other than under section 2(7), 9(6) or 54)”, in subsection (2) “51 or”, and subsection (2A).
		In section 65(1), all the definitions except that of “establishment of higher or further education”.
		In section 66, in subsection (1) “60 and” and “to (3)”, and in subsection (2) “and 59”.
		In section 67, subsections (2), (5) and (6).
		Schedules 1 to 3.
		In Schedule 4, paragraphs 1, 2 and 5.
		Schedules 5 and 6.
1987 c.15.	Reverter of Sites Act 1987.	Section 8(1).
1988 c.40.	Education Reform Act 1988.	Part I.
		Section 120(5) and (9).
		In section 210, in each of subsections (1) and (3)(d) the words “local authorities or”.
		In section 211, paragraphs (a) and (b) and the words “the school or”.
		Sections 212 and 213.
		In section 218, in subsection (1) in each of paragraphs (e) and (f) the words “schools and” and paragraph (g), in subsection (7) the words from “or, in such cases” to “the funding authority” and the words “school or” (where first occurring) and “any school or”, and subsections (8) and (13).
		Section 222.
		Sections 225 and 227.
		Section 229(1).
		In section 230(1), “section 15(2)”.
		In section 232, subsection (3) and, in subsection (4)(b), “3(4)(a), 4(2)(c), 24”.
		Section 234.
		In section 235, in subsection (1) the definition of “the 1980 Act”.
		In section 236, in subsection (1) the words from “section 1” to “section 119” and “sections 212 and 213”, and subsections (2) and (3).
		Section 238(2).
		Schedules 1 to 4.
		In Schedule 12, paragraphs 1 to 8, 14, 17, 24, 25, 34, 35, 37, 54 to 62, 69(4), 76, 77, 81, 82, 87(3), 99, 102, 103 and 106.
1989 c.41.	Children Act 1989.	In Schedule 13, paragraphs 9 and 10.
1989 c.42.	Local Government and Housing Act 1989.	In section 13(9), the definition of “foundation governors” and the “and” immediately following it.
		Section 188.
1990 c.6.	Education (Student Loans) Act 1990.	Section 4(2).
1990 c.19.	National Health Service and Community Care Act 1990.	In Schedule 9, paragraph 31.
1990 c.38.	Employment Act 1990.	Section 14.
		In section 18(2), the words from “section 14” to “experience)”.
1991 c.21.	Disability Living Allowance and Disability Working Allowance Act 1991.	In Schedule 3, paragraph 12.
1991 c.49.	School Teachers’ Pay and Conditions Act 1991.	Section 6(2).
1991 No.2.	Diocesan Boards of Education Measure 1991.	In section 10(1), the definition of “the 1988 Act”.
1992 c.13.	Further and Higher Education Act 1992.	Sections 10 to 14.
		Section 59.
		In section 92, the entries for “pupil”, “secondary education” and “school”.
		Section 94(2).
		In Schedule 8, paragraphs 1 to 17, 24 to 26, 28, 43(b), 50, 53, 54, 56, 57 and 82.
1992 c.38.	Education (Schools) Act 1992.	Section 16.
		In Schedule 4, paragraphs 1 and 4 to 6.
1993 c.8.	Judicial Pensions and Retirement Act 1993.	In Schedule 6, paragraph 51.
1993 c.10.	Charities Act 1993.	In Schedule 2, paragraphs (e) and (g).
1993 c.35.	Education Act 1993.	The whole Act.
1994 c.19.	Local Government (Wales) Act 1994.	Section 21.
		In Schedule 16, paragraphs 8 and 105.
1994 c.30.	Education Act 1994.	Section 27(2).
		In Schedule 2, paragraphs 5(2) and (4)(a), 6(2) and (4)(a) and 8(2) to (4).
1995 c.17.	Health Authorities Act 1995.	In Schedule 1, paragraphs 112 and 124.
1995 c.18.	Jobseekers Act 1995.	In Schedule 2, paragraphs 3 and 17.
1995 c.21.	Merchant Shipping Act 1995.	In Schedule 13, paragraph 48.
1995 c.50.	Disability Discrimination Act 1995.	Section 29(1) and (2).
		Section 30(7) to (9).
1996 c.9.	Education (Student Loans) Act 1996.	Section 4(2).
1996 c.18.	Employment Rights Act 1996.	In Schedule 1, paragraph 59.
1996 c.23.	Arbitration Act 1996.	In Schedule 3, paragraphs 4 and 59.
1996 c.50.	Nursery Education and Grant-Maintained Schools Act 1996.	Section 7.
		In Schedule 3, paragraphs 1 to 8 and 10 to 15.

Part II — Repeals coming into force on appointed day

Chapter	Short title	Extent of repeal
1975 c.65.	Sex Discrimination Act 1975.	In section 82(1), the definition of “upper limit of compulsory school age”.
1976 c.74.	Race Relations Act 1976.	In section 78(1), the definition of “upper limit of compulsory school age”.
1995 c.36.	Children (Scotland) Act 1995.	In Schedule 4, paragraph 10(a).

Part III — Revocations

S.I. Number	Title	Extent of revocation
S.I. 1977/293.	Local Authorities etc. (Miscellaneous Provision) Order 1977.	Article 4(1) and (5).
S.I. 1991/1890.	Education (Financial Delegation for Primary Schools) Regulations 1991.	The whole Regulations.
S.I. 1992/110.	Education (Financial Delegation for Primary Schools) (Amendment) Regulations 1992.	The whole Regulations.
S.I. 1992/1548.	Education (National Curriculum) (Foundation Subjects at Key Stage 4) Order 1992.	The whole Order.
S.I. 1993/2709.	Education (No. 2) Act 1986 (Amendment) Order 1993.	The whole Order.
S.I. 1993/2827.	Education (No. 2) Act 1986 (Amendment) (No. 2) Order 1993.	The whole Order.
S.I. 1994/692.	Education (No. 2) Act 1986 (Amendment) Order 1994.	The whole Order.
S.I. 1994/1814.	Education (National Curriculum) (Foundation Subjects at Key Stage 4) Order 1994.	The whole Order.
S.I. 1994/2092.	Education (No. 2) Act 1986 (Amendment) (No. 2) Order 1994.	The whole Order.
S.I. 1994/2732.	Education (No. 2) Act 1986 (Amendment) (No. 3) Order 1994.	The whole Order.
S.I. 1996/710.	Local Government Changes for England (Education) (Miscellaneous Provisions) Regulations 1996.	Regulation 19.
S.I. 1996/951.	Deregulation (Length of the School Day) Order 1996.	The whole Order.

SCHEDULE 39 — Transitional provisions and savings

Part I — General

General transitional provisions

1

• (1) The repeal and re-enactment of provisions by this Act does not affect the continuity of the law.

• (2) Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any provision repealed and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.

• (3) Any reference (express or implied) in this Act or any other enactment or in any instrument or document—

• (a) to any provision of this Act, or

• (b) to things done or falling to be done under or for the purposes of any provision of this Act,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference—

• (i) to that corresponding provision, or

• (ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

• (4) Any reference (express or implied) in any enactment or in any instrument or document—

• (a) to any provision repealed and re-enacted by this Act, or

• (b) to things done or falling to be done under or for the purposes of any such provision,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—

• (i) to that corresponding provision, or

• (ii) to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

• (5) Without prejudice to the generality of sub-paragraph (4), where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

• (6) Sub-paragraphs (1) to (5) have effect instead of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act); and sub-paragraph (1) has effect subject to any amendments of the law which give effect to recommendations of the Law Commission.

• (7) Sub-paragraph (2) does not apply to any subordinate legislation in so far as it is reproduced in this Act.

Extension of references to provisions repealed by Education Act 1993

2

• (1) Paragraph 1(3) above shall have effect, for the purpose of extending references so as to include references to (or to things done or falling to be done under) the pre-1993 Act enactments, as if any reference in paragraph 1(3) to the corresponding provision repealed by this Act were a reference to the corresponding provision of those enactments.

• (2) Paragraph 1(4) above shall have effect, for the purpose of extending references to (or to things done or falling to be done under) the pre-1993 Act enactments, as if any reference in paragraph 1(4) to any provision repealed and re-enacted by this Act were a reference to a provision of those enactments.

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

• (4) In this paragraph “the pre-1993 Act enactments” means the enactments specified in Part I of Schedule 21 to the Education Act 1993 (repeals).

Construction of pre-1944 Act references

3

Where immediately before the commencement of this Act any reference in any enactment, instrument or document had effect as if it were a reference to the Secretary of State or the Department for Education and Employment by virtue of the operation of section 2(1) of the Education Act 1944 and any order made under the Ministers of the Crown Act 1975, it shall continue to do so despite the repeal of that provision by this Act.

4

• (1) This paragraph applies to enactments passed before 1st April 1945.

• (2) Unless the context otherwise requires any such enactment shall be construed as if—

• (a) any reference to an elementary school or to a public elementary school (whether or not any reference is made there to the payment of parliamentary grants in respect of the school) were a reference to a county school or voluntary school, as the context may require;

• (b) any reference to a school certified by the Board of Education, in accordance with the provisions of Part V of the Education Act 1921, as suitable for providing education for blind, deaf, defective or epileptic children were a reference to a special school;

• (c) any reference to the managers of a school, in relation to a county school or voluntary school, were a reference to the governors (or, if the context so requires, the governing body) of the school;

• (d) any reference to elementary education or to higher education were a reference to such education as may be provided by a local authority in the exercise of their functions under sections 13 to 15 of this Act; and

• (e) any reference to a local authority, to a local authority for elementary education or to a local authority for higher education were a reference to a local authority within the meaning of this Act.

Effect of old transitional provisions and savings

5

The repeals made by this Act shall not affect the operation of any transitional provision or saving relating to the coming into force of a provision reproduced in this Act in so far as the transitional provision or saving is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.

6

• (1) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

• (2) The repeal by this Act of a saving on the previous repeal of an enactment does not affect the saving so far as it is not specifically reproduced in this Act but remains capable of having effect.

Use of existing forms etc.

7

Any reference to an enactment repealed by this Act which is contained in a document made, served or issued after the commencement of that repeal shall be construed, except so far as a contrary intention appears, as a reference or (as the context may require) including a reference to the corresponding provision of this Act.

Pre-commencement offences

8

Nothing in this Act affects the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.

Part II — Specific provisions

Governing bodies of local authority-maintained schools

9

• (1) Any governing body which immediately before the commencement of this Act was incorporated by virtue of section 238 of the Education Act 1993 (incorporation of governing bodies of county, voluntary and maintained special schools) shall continue in existence as a body corporate despite the repeal of that section by this Act.

• (2) In Schedule 7 to this Act any reference to a governing body incorporated under section 88(1) of this Act includes a reference to a governing body falling within sub-paragraph (1).

• (3) Despite the repeal by this Act of Schedule 13 to the Education Act 1993 (incorporated governing bodies for county, voluntary and maintained special schools)—

• (a) paragraph 3 of that Schedule (contracts of employment) shall continue to apply to, or in relation to, any contract of employment to which it applied immediately before the commencement of this Act; and

• (b) to the extent that any provision of paragraphs 13 to 15 (general provisions about transfers) applied in relation to any transfer immediately before the commencement of this Act, it shall continue so to apply.

10

• (1) The reproduction by this Act of any reference, in an enactment repealed by this Act, to the governors of a school of any description as a reference to the governing body of a school of that description shall not be taken to affect the construction or operation of that enactment in relation to any times, circumstances or purposes in relation to which it had effect.

• (2) Where by virtue of section 1(4) of the Education Act 1980 any enactment or document referred immediately before the commencement of this Act to the governors, foundation governors, instrument of government or articles of government of a primary school to which section 1(2) and (3) of that Act applied, it shall continue to do so despite the repeal of section 1(4) by this Act.

11

Where any instrument under which the governing body of an aided or special agreement school is constituted was in force immediately before the commencement of this Act by virtue of paragraph 1 of Schedule 5 to the Education (No. 2) Act 1986, the instrument shall have effect thereafter as if made by order under section 76 of this Act; but this paragraph shall cease to apply to any such school if it is grouped with any other school or schools under section 89 of this Act.

Special agreement schools

12

• (1) Any order under section 15(2) of the Education Act 1944 directing that a school is to be a special agreement school shall, if in force immediately before the commencement of this Act, continue in force despite the repeal by this Act of section 15(2) of that Act.

• (2) Sub-paragraph (1) does not prejudice the operation of paragraph 1(2) above in relation to other orders in force under section 15(2) of that Act immediately before the commencement of this Act.

Proposals to establish etc. maintained or grant-maintained schools

13

• (1) Nothing in sections 35 to 45 or in sections 259 to 263 of this Act applies in relation to any proposals published before the commencement of this Act; and the corresponding provisions of the Education Act 1980 and the Education Act 1993 shall continue to apply in relation to any proposals duly published under section 12(1)(a) to (d) or 13 of the 1980 Act or section 96 or 97 of the 1993 Act as if this Act had not been passed.

• (2) Sub-paragraph (1) does not prevent references in other provisions of this Act to proposals published or implemented under any of those sections of this Act from applying, by virtue of paragraph 1(3) above, to any proposals falling within sub-paragraph (1).

Review of constitution of governing bodies

14

• (1) Subject to sub-paragraph (2), nothing in section 82 of this Act applies in relation to the implementation of any proposal made before the commencement of this Act, and section 11 of the Education (No. 2) Act 1986 shall continue to apply in relation to the implementation of any such proposal falling within subsection (2)(a) of that section as if this Act had not been passed.

• (2) In section 82(2) of this Act—

• (a) in paragraph (b), the reference to proposals falling within subsection (3) of that section includes a reference to proposals falling within section 11(2) of the 1986 Act; and

• (b) in paragraph (c) the reference to a relevant event for the purposes of section 82 includes a reference to a relevant event for the purposes of section 11 of the 1986 Act;

and any date determined by the local authority under section 11(6) of the 1986 Act shall be taken, for the purposes of section 82(2) of this Act, to be the date on which the proposals in question were implemented.

Confirmation of certain decisions of governing body

15

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

Review of grouping

16

The reference in section 94(2)(c) of this Act to an order under section 50 or 51 or 58(1) of this Act does not, by virtue of paragraph 1(3) above, include a reference to an order made before the commencement of this Act under section 2 of the Education Act 1946 or section 15(5) of the Education Act 1944.

Financial delegation

17

• (1) Without prejudice to paragraph 1(3) above—

• (a) the reference in section 101(1) of this Act to a scheme made by a local authority under section 103 of this Act includes a reference to a scheme in force immediately before the commencement of this Act which was made under section 33 of the Education Reform Act 1988 (including one made by way of variation or replacement of such a scheme under section 35 of that Act); and

• (b) the reference in section 104(6) of this Act to section 104(5) includes a reference to section 34(6) of that Act.

• (2) In relation to any such scheme made (or treated as if made) under section 33 of that Act, the reference in section 110(2) of this Act to the date of the coming into force of the scheme is (subject to sub-paragraph (3) below) a reference to the date of its coming into force as first made under section 33 (or 34(6)) of that Act.

• (3) Where the initial period of any such scheme made before 1st January 1994 (the date on which section 274 of the Education Act 1993 came into force) was before 1st January 1994 determined by reference to a date later than that referred to in sub-paragraph (2) above, section 110(2) of this Act shall have effect in relation to the scheme as if it instead referred to that later date.

18

Nothing in section 141 of this Act requires a local authority to amend the articles of government of a school if, before the commencement of this Act, they have already amended those articles in accordance with section 44(4) of the Education Reform Act 1988.

School sessions

19

For the purposes of section 147(1)(b) of this Act as it applies to a county, controlled or maintained special school, any determination as to the times of the school sessions (within the meaning of section 147) which had effect immediately before the commencement of this Act, whether made—

• (a) by the governing body, or

• (b) by the local authority before 1st May 1989 (the date on which section 115 of the Education Reform Act 1988 came into force),

shall continue to have effect, as if made for those purposes, subject to any new determination under section 148 of this Act.

Exclusion of pupils

20

Nothing in section 157 of this Act applies in relation to any pupil excluded from a school before the commencement of this Act, and section 23 of the Education (No. 2) Act 1986 shall continue to apply to any such pupil as if this Act had not been passed.

School premises: pre-1993 Act transfer of control agreements

21

• (1) This paragraph applies to any agreement to which paragraph 6 or 7 of Schedule 13 to the Education Act 1993 (pre-existing transfer of control agreements) applied immediately before the commencement of this Act.

• (2) The provisions of paragraph 6 or (as the case may be) paragraph 7 shall continue to apply in relation to any such agreement as if this Act had not been passed.

Variation of trust deeds etc.

22

In section 179(1) of this Act—

• (a) paragraph (b) does not apply to a transfer made before the commencement of this Act unless it was made in pursuance of proposals that fell to be implemented under section 12 or 13 of the Education Act 1980; but

• (b) in paragraph (d) the reference to any order made by the Secretary of State under section 47 of this Act includes a reference to any order made under section 16(1) of the Education Act 1944 (whether made in relation to a county school or a voluntary school).

Ballots relating to acquisition of grant-maintained status

23

Section 190(2)(b) of this Act applies where after the commencement of this Act the Secretary of State has given his consent for the purposes of section 186(3) or section 187(5) of this Act.

Instruments and articles for grant-maintained schools incorporated under pre-1993 Act law

24

• (1) This paragraph applies in relation to a grant-maintained school where—

• (a) the governing body of the school were incorporated under Chapter IV of Part I of the Education Reform Act 1988;

• (b) an instrument and articles of government were made for the school under that Chapter before 1st January 1994; and

• (c) immediately before the commencement of this Act those instruments had effect (in accordance with paragraph 1(2) of Schedule 20 to the Education Act 1993 (transitional provisions and savings)) subject to the modifications specified in either or both of paragraphs 8 and 9 of the Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993.

• (2) The instrument and articles of government for the school shall continue to have effect, subject to those modifications, as if made under section 220 of this Act and in accordance with Part III of this Act.

25

• (1) This paragraph applies in relation to a grant-maintained school where—

• (a) the governing body of the school were incorporated under Chapter IV of Part I of the Education Reform Act 1988;

• (b) paragraph 24(1)(b) above does not apply; and

• (c) immediately before the commencement of this Act the instrument and articles of government prescribed by virtue of section 56 of the Education Act 1993 had effect in relation to the school (in accordance with paragraph 1(3) of Schedule 20 to that Act).

• (2) The instrument and articles of government for the school shall continue to have effect as if made under section 219 of this Act; and while they remain in force Schedule 24 to this Act shall apply in relation to the school with the following modifications.

• (3) In paragraph 10(1) there shall be inserted at the end of paragraph (d)

or (e) in the case of a governing body incorporated under Chapter IV of Part I of the Education Reform Act 1988, became a member of the governing body on the incorporation date in relation to the school (as defined by section 104(3) of that Act) and— (i) immediately before that date, was a parent governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or (ii) was elected under section 66, or elected or nominated under section 68, of the Education Reform Act 1988 to hold office as a parent governor on the governing body.

• (4) In paragraph 11(1) there shall be inserted at the end of paragraph (c)

or (d) in the case of a governing body incorporated under Chapter IV of Part I of the Education Reform Act 1988, became a member of the governing body on the incorporation date in relation to the school (as defined by section 104(3) of that Act) and— (i) immediately before that date, was a teacher governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or (ii) was elected under section 66, or elected or nominated under section 68, of the Education Reform Act 1988 to hold office as a teacher governor on the governing body.

• (5) In paragraph 12(1) there shall be inserted at the end of paragraph (c)

or (d) in the case of a governing body incorporated under Chapter IV of Part I of the Education Reform Act 1988— (i) became a member of the governing body on the incorporation date in relation to the school (as defined by section 104(3) of that Act), and (ii) was selected under section 66, or nominated under section 68, of that Act as being a person appearing to be a member of the local community committed to the good government and continuing viability of the school.

26

• (1) This paragraph applies in relation to a grant-maintained school where—

• (a) the governing body of the school were incorporated under Chapter IV of Part I of the Education Reform Act 1988; and

• (b) the school was a voluntary school before it became grant-maintained.

• (2) Schedule 24 to this Act shall apply in relation to the school with the substitution of the following paragraph for paragraph 13—

(13) “Foundation governor” means— (a) a person appointed otherwise than by a local authority for the purpose of securing, so far as is practicable, that the established character of the school at the time when it became grant-maintained is preserved and developed and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating to it; or (b) a person selected under section 66, or nominated under section 68, of the Education Reform Act 1988 for the purpose referred to in sub-paragraph (a) above.

Appeal committees

27

Nothing in—

• (a) section 308(3) of this Act, or

• (b) paragraph 7 of Schedule 33 to this Act,

applies in relation to any decision or action taken by the members of an appeal committee before 1st January 1994.

28

Paragraph 13(4) of Schedule 22 to this Act does not apply to any appeal committee constituted before 1st January 1994 in accordance with the instrument of government for any grant-maintained school for the purposes referred to in section 58(5)(d) of the Education Reform Act 1988 (articles of government admission appeal committees) while all the members of the committee are persons who were nominated before that date.

29

Where immediately before the commencement of this Act an appeal committee was constituted in accordance with the provisions of Part I of Schedule 2 to the Education (No. 2) Act 1986 as they had effect by virtue of paragraph 6 of Schedule 20 to the Education Act 1993 (namely without the amendments made by Schedule 16 to that Act), those provisions shall continue to apply to the committee (in place of the corresponding provisions of Part I of Schedule 33 to this Act) while all the members of the committee are persons nominated before 1st January 1994.

30

Nothing in this Act affects the restriction imposed by paragraph 4(2) of Schedule 2 to the Education Act 1993 (Commencement No.1 and Transitional Provisions) Order 1993 on the jurisdiction exercisable by a Local Commissioner, by virtue of section 25(5) of the Local Government Act 1974, in relation to cases where notice of appeal was served before 1st October 1993.

Maintenance etc. grants

31

• (1) The former grants code shall continue to have effect in relation to—

• (a) any payments of maintenance grant under section 79(1) of the Education Reform Act 1988 in respect of any financial year ending before 1st April 1994; and

• (b) any payments of capital and special purpose grants under section 79(3) of that Act made before that date.

• (2) The functions conferred on the Secretary of State by or under the former grants code (as it has effect by virtue of sub-paragraph (1) above) shall, so far as relating to any amounts which—

• (a) fall or may fall to be paid in any financial year beginning on or after 1st April 1994 in respect of any grant under that code, or

• (b) have been paid by the Secretary of State before that date in respect of any such grant,

be exercisable by the funding authority.

• (3) In this paragraph “the former grants code” means sections 79 and 80 of the Education Reform Act 1988 (maintenance, special purpose and capital grants) in their application to England.

32

Section 81 of the Education Reform Act 1988 (recovery from local funds of sums in respect of maintenance grant) shall continue to have effect in relation to any sums recoverable by the Secretary of State under section 81(1) of that Act for any financial year ending before 1st April 1994.

33

The Education (Grant-maintained Schools) (Finance) Regulations 1990, so far as in force immediately before the commencement of this Act, shall continue in force despite the repeals made by this Act.

Assessments and statements of special educational needs

34

Any assessment or statement of special educational needs which—

• (a) was made pursuant to a notice or copy of a proposed statement served before 1st September 1994, and

• (b) immediately before the commencement of this Act was treated, by virtue of paragraph 2(7) or 4(3) of Schedule 4 to the Education Act 1993 (Commencement No.5 and Transitional Provisions) Order 1994, as if it had been made under section 167 or 168 of the Education Act 1993,

shall have effect as if made under section 323 or 324 of this Act (as the case may be).

Applications relating to special schools

35

Any application which—

• (a) was made to the Secretary of State before 1st April 1994, and

• (b) immediately before the commencement of this Act was treated, by virtue of paragraph 5 of Schedule 3 to the Education Act 1993 (Commencement No. 3 and Transitional Provisions) Order 1994, as if it had been made in accordance with—

• (i) paragraph (a) or paragraph (b) of subsection (2), and subsection (6), of section 183 of the Education Act 1993, and

• (ii) section 184(1) to (3) of that Act,

shall have effect as if made in accordance with paragraph (a) or (as the case may be) paragraph (b) of subsection (1), and subsection (5), of section 339 of this Act and section 340(1) to (3) of this Act.

Contracts of staff transferred to School Curriculum and Assessment Authority or Curriculum and Assessment Authority for Wales

36

• (1) The repeal by this Act of—

• (a) section 15 of the Education Reform Act 1988 (transfer of staff of School Curriculum Development Committee or Secondary Examinations Council), or

• (b) section 248 of the Education Act 1993 (transfer of staff of National Curriculum Council and School Examinations and Assessment Council),

shall not affect the continued operation of section 15(3) to (5) or (as the case may be) section 248(2) and (3) in relation to any contract of employment in relation to which those provisions applied immediately before the commencement of this Act.

• (2) Nothing in this Act shall affect the continued operation of Article 4 of the Education (School Curriculum and Assessment Authority) (Transfer of Functions) Order 1995 in relation to the person mentioned in that Article.

Information about directions under section 365

37

Nothing in section 366 of this Act applies, by virtue of paragraph 1 above, to any direction given before the commencement of this Act under regulations made under section 19 of the Education Reform Act 1988, and that section shall continue to apply in relation to any such direction as if this Act had not been passed.

Review of conclusions about policy relating to curriculum

38

Any articles of government of a county, controlled or maintained special school made under section 18(7) of the Education (No. 2) Act 1986 shall, in their operation after the commencement of this Act in accordance with paragraph 1 above, have effect as if the events requiring the governing body to review their conclusions about the matters mentioned in section 371(2) and (3) of this Act included the implementation of any proposals made after that time which—

• (a) would fall to be published by virtue of section 35 of this Act but for subsection (2)(b) of that section, and

• (b) materially affect the school.

Agreed syllabuses of religious education

39

• (1) Nothing in this Act affects the constitution of, or the operation of Schedule 5 to the Education Act 1944 in relation to, any conference convened (or reconvened) before the commencement of this Act.

• (2) Any regulations made under section 258(2) of the Education Act 1993 and having effect immediately before the commencement of this Act in relation to any conference or other body falling within section 258(1) or (3) shall continue to have effect in relation to any such conference or body, subject to the provisions of any regulations made under section 397(2) of this Act.

Arrangements for collective worship

40

In section 385 of this Act—

• (a) subsection (4)(b) does not affect any arrangements for collective worship in the case of a grant-maintained school that was formerly a voluntary school which were made before the commencement of this Act for the purposes of section 6 of the Education Reform Act 1988; and

• (b) subsection (6) does not affect any arrangements made for the purposes of section 6(5) of that Act before the commencement of this Act.

Disqualification for purposes of Part VII

41

Sections 472 and 473 of this Act shall apply to a person who is disqualified—

• (a) from being the proprietor of an independent school, or

• (b) from being a teacher in any school,

by virtue of an order under Part III of the Education Act 1944 made before 1st January 1994 as if the words “or other employee” were omitted, wherever occurring.

Chairmen of Independent Schools Tribunals

42

In its application to a person who, immediately before 31st March 1995, was a member of the legal panel appointed under paragraph 1 of Schedule 6 to the Education Act 1944, paragraph 3(2) of Schedule 34 to this Act has effect subject to Schedule 7 to the Judicial Pensions and Retirement Act 1993 (transitional provisions), as well as to section 26(4) to (6) of that Act.

Training grants

43

The Education (Training Grants) Regulations 1993 shall continue to have effect in so far as they relate to the payment of grant on and after 1st April 1994, or to grant paid before that date, in respect of expenditure incurred before that date.

Education committees etc. and members of those committees

44

• (1) Sub-paragraph (2) below applies to—

• (a) any education committee established in accordance with paragraph 1 of Part II of Schedule 1 to the Education Act 1944, and

• (b) any sub-committee of any such committee appointed in accordance with paragraph 10 of that Part,

which was in existence immediately before 1st April 1994.

• (2) Any committee or sub-committee to which this sub-paragraph applies shall, for the purposes of any enactment, be treated as if it had been—

• (a) appointed on that date—

• (i) in the case of a committee, by the local authority, or

• (ii) in the case of a sub-committee, by the committee appointed by the authority,

in accordance with section 102(1) of the Local Government Act 1972, and

• (b) so appointed wholly or partly for the purpose of discharging any of the local authority’s education functions on them in their capacity as a local authority or, as the case may be, the committee’s functions with respect to education.

• (3) Sub-paragraph (4) below applies to any person who was immediately before 1st April 1994 a member of an education committee or sub-committee of such a committee appointed for a term of office.

• (4) Any person to whom this sub-paragraph applies shall, for the purposes of any enactment, be treated—

• (a) as if he had been appointed on that date as a member of a committee or sub-committee appointed as mentioned in sub-paragraph (2) above for the residue of that term, and

• (b) if he was a member of an education committee or sub-committee by virtue of directions given by the Secretary of State under paragraph 5A of Part II of Schedule 1 to the Education Act 1944, as if he had been appointed on that date as a member of a committee or sub-committee appointed as mentioned in sub-paragraph (2) above by virtue of directions given by the Secretary of State under section 297 of the Education Act 1993 or, in relation to any time after the commencement of this Act, under section 499 of this Act.

Documents issued by divisional executives

45

Section 566(1) of this Act applies to a document purporting—

• (a) to be a document issued by a divisional executive (within the meaning of Part III of Schedule 1 to the Education Act 1944), and

• (b) to be signed by the person authorised by the executive to sign it,

as it applies to a document falling within paragraph (a) of that provision.

Part III — Miscellaneous savings etc.

Handicapped children

46

The repeal by this Act of the Education (Handicapped Children) Act 1970 shall not affect the operation of any order made under section 1 of that Act so far as in force immediately before the commencement of this Act or of any statement of terms and conditions of employment given in connection with any such order.

Byelaws under Children and Young Persons Act 1933

47

Despite the repeal by this Act of section 120(5) of the Education Act 1944—

• (a) references to a “child” in any byelaws made under Part II of the Children and Young Persons Act 1933 (employment of children) shall continue to be construed as references to a child within the meaning of that Part of that Act; and

• (b) any such byelaws made before 1st April 1945 which were continued in force by section 120(5) shall, if in force immediately before the commencement of this Act, continue in force as if made by the local authority for the area in question and may be varied or revoked accordingly.

Disputes as to property transferred by virtue of 1944 Act

48

Any question which, if it had arisen before the commencement of this Act, would have fallen to be determined by the Secretary of State in accordance with section 96(2) of the Education Act 1944 (questions relating to property etc. transferred to local authorities ) shall be determined by him despite the repeal of that provision by this Act.