Education Act 1980

School government

Change of nomenclature

1

Requirements as to governing bodies

2

Grouping of schools under single governing body

3

Governors' proceedings and tenure of office

4

Governors as ex officio trustees

5

Admission to schools

Parental preferences

6

Appeals against admission decisions

7

Information as to schools and admission arrangements

8

Nursery schools and special schools

9

School attendance orders

Determination of school to be named in order

10

Amendment of order

11

Establishment, discontinuance and alteration of schools

Establishment, discontinuance and alteration of schools by local education authorities

12

Establishment and alteration of voluntary schools

13

Approval of school premises

14

Reduction of school places

15

Provisions supplementary to ss. 12 to 15

16

Awards and grants

Assisted places at independent schools

17

Incidental expenses of pupils holding assisted places

18

Awards for further and higher education

19

Industrial scholarships

20

• (1) The Secretary of State may award industrial scholarships or make payments to any other person in respect of the award of such scholarships by that person.

• (2) In this section “industrial scholarships” means scholarships (however described) tenable by persons undertaking full-time courses of higher education provided by a university, college or other institution in the United Kingdom, being courses which appear to the Secretary of State or, as the case may be, the person awarding the scholarships to be relevant to a career in industry.

• (3) In subsection (2) above the reference to a full-time course includes a reference to a course consisting of ernate periods of—

• (a) full-time study in the university, college or institution in question; and

• (b) associated industrial, professional or commercial experience;

and the reference in that subsection to a course provided by a university, college or institution in the United Kingdom includes a reference to a course provided by such a university, college or institution in conjunction with a university, college or other institution in another country.

Grants for education in Welsh

21

School meals

School meals: England and Wales

22

School meals: Scotland

23

Nursery education

Nursery education: England and Wales

24

Nursery education: Scotland

25

Day nurseries

26

Miscellaneous

School and further education regulations

27

Provision of education at non-maintained schools

28

Provision of clothing for physical training etc.

29

Relaxation of Ministerial control of local education authorities

30

Recoupment between education authorities

31

Education expenditure and rate support grant

32

Discrimination by local education authorities

33

• (1)

• (2) In section 23(2) of the said Act of 1975 and section 18(2) of the said Act of 1976 (discrimination by education authorities) for the words “the Education (Scotland) Acts 1939 to 1974” and “the Education (Scotland) Acts 1939 to 1975” respectively there shall be substituted the words “ the Education (Scotland) Acts 1939 to 1980 ”.

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

Definition and registration of independent schools

34

Supplementary

Orders and regulations

35

Expenses

36

There shall be defrayed out of moneys 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 out of such moneys under any other Act.

Commencement

37

Citation, construction, repeals and extent

38

• (1) This Act may be cited as the Education Act 1980.

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

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

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

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

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (7) In this Act section 20 and this section extend to Northern Ireland, but save as aforesaid this Act extends to England and Wales only.

SCHEDULE 1

The Education Act 1944

1

• (1) In the provisions of the Education Act 1944 mentioned in sub-paragraph (2) below the words “managers or”, wherever they occur, shall be omitted.

• (2) The provisions referred to above are sections 14(1), (3) and (4), 15(2), (3), (4) and (5), 16(3), 25(1) and (7), 31(3), 65, 67(1), 68, 80(1), 90(1), 95(2)(b), 99, 102, 105, 114(2)(a), paragraphs 1, 3, 5, 6 and 7 of Schedule 2, paragraphs 8, 9 and 10 of Schedule 3 and Schedule 4.

2

• (1) In subsection (1) of section 17 of that Act for the words from “managers or governors” onwards there shall be substituted the words “governors of the school in accordance with the provisions of this Act, and the instrument providing for the constitution of the body of governors is in this Act referred to as an instrument of government.”

• (2) In subsection (2) of that section for the words “The instrument of management or the instrument of government, as the case may be,” there shall be substituted the words “The instrument of government”.

• (3) In subsection (3)(a) of that section for the words “rules of management” there shall be substituted the words “articles of government”.

• (4) In subsection (4) of that section the words “instrument of management, rules of management” shall be omitted.

• (5) In subsection (5) of that section the words “management or” shall be omitted.

3

In section 18 of that Act for the words “instrument of management” and “managers”, wherever they occur, there shall be substituted respectively the words “instrument of government” and “governors”.

4

In subsections (1) and (3) of section 20 of that Act the words “managers or” shall be omitted and in subsection (6) of that section the words “managers or”, in both places, and “manager or” shall be omitted.

5

In section 21 of that Act the words “manager or” and “managers or”, wherever they occur, shall be omitted.

6

In section 22 of that Act the words “managers or” and “foundation managers or”, wherever they occur, shall be omitted.

7

In section 23(1) and (3) of that Act the words “rules of management or” shall be omitted.

8

In section 24(1) and (2) of that Act the words “rules of management or” and “managers or”, wherever they occur, shall be omitted.

9

In sections 27 and 28 of that Act the words “managers or” and “foundation managers or”, wherever they occur, shall be omitted.

10

11

In section 77(5) of that Act the words “managers or” and “foundation managers or” shall be omitted.

12

In subsection (1) of section 103 of that Act the words “managers or”, in both places, shall be omitted and in subsection (3) of that section the word “managers” shall be omitted.

13

In section 114(1) of that Act—

• (a) in the definition of “Foundation managers” and “foundation governors” for the words from the beginning to “appointed” there shall be substituted the words “Foundation governors means, in relation to any voluntary school, governors appointed” and the words “managers or”, “foundation managers or” and “managers or” shall be omitted ;

• (b) in the definition of “Trust deed” the words “instrument of management”, “rules of management” and “managers or” shall be omitted.

14

In section 120(1)(c) of that Act the word “secondary”, in both places, shall be omitted.

The Education Act 1946

15

In sections 2(1)(b). (3), (4) and (6) and 6 of the Education Act 1946 the words “managers or”, wherever they occur, shall be omitted.

16

In section 3(1) of that Act the words “managers and” shall be omitted.

17

In section 4(1) of that Act the word “managers” shall be omitted.

18

In section 7(2) of that Act the words “managers or” and “managers and” shall be omitted.

The Education (Miscellaneous Provisions) Act 1948

19

In sections 4(3) and 10(3) of the Education (Miscellaneous Provisions) Act 1948 the words “managers or”, wherever they occur, shall be omitted.

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

20

In paragraph 10 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 the words “managers or” shall be omitted.

The Education (Miscellaneous Provisions) Act 1953

21

In section 8(1) and (3) of the Education (Miscellaneous Provisions) Act 1953 the words “managers or” shall be omitted.

The Education Act 1959

22

In section 1(4) of the Education Act 1959 the words “managers or” shall be omitted.

The Education Act 1967

23

In section 1(2) and (4) of the Education Act 1967 the words “managers or”, wherever they occur, shall be omitted.

The Education Act 1968

24

In section 3(4) of the Education Act 1968 the words “managers or”, in both places, shall be omitted.

The Education (No. 2) Act 1968

25

The Education Act 1973

26

In section 1(2)(a) of the Education Act 1973 the word “managers” shall be omitted.

The Sex Discrimination Act 1975

27

In paragraph I of the Table in section 22 of the Sex Discrimination Act 1975 the words “managers or” shall be omitted.

The Race Relations Act 1976

28

In paragraph I of the Table in section 17 of the Race Relations Act 1976 the words “managers or” shall be omitted.

The National Health Service Act 1977

29

In paragraph 3 of Schedule I to the National Health Service Act 1977 the words “managers or” shall be omitted.

The Employment Protection (Consolidation) Act 1978

30

The Education Act 1979

31

In subsection (2) of section I of the Education Act 1979 the words “managers or” shall be omitted and in subsections (3) and (4) of that section the word “managers” shall be omitted.

SCHEDULE 2

Part I — Constitution of Appeal Committees

1

• (1) An appeal pursuant to arrangements made by a local education authority under section 7(1) of this Act shall be to an appeal committee constituted in accordance with this paragraph.

• (2) An appeal committee shall consist of—

• (a) one person nominated by the authority from among persons who are eligible to be lay members; and

• (b) two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph.

• (2A) The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them.

• (2B) Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time.

• (3) The persons appointed by the authority shall comprise—

• (a) members of the authority . . .; and

• (b) persons who are not members of the authority . . . but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school;

but shall not include any person employed by the authority otherwise than as a teacher.

• (4) The members of an appeal committee who are members of the authority . . . shall not outnumber the others . . .

• (5) A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.

• (6) A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

• (7) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

2

• (1) An appeal pursuant to arrangements made by the governors of an aided or special agreement school under section 7(2) of this Act shall be to an appeal committee constituted in accordance with this paragraph.

• (2) An appeal committee shall consist of—

• (a) one person nominated by the governors from among persons who are eligible to be lay members; and

• (b) two, four or six other members nominated by the governors from among persons appointed by them under this paragraph.

• (2A) The governors shall not nominate under sub-paragraph (2)(a) above a person who falls within sub-paragraph (3)(a) or (b) below or is employed by the local education authority by which the school is maintained.

• (2B) Sufficient persons may be appointed by the governors to enable two or more committees to sit at the same time.

• (3) The persons appointed by the governors—

• (a) may include one or more of the governors;

• (b) shall include persons appointed from a list drawn up by the local education authority by whom the school is maintained; and

• (c) shall not include any person employed by the authority otherwise than as a teacher.

• (4) In an appeal committee—

• (a) three members shall be nominated from among those mentioned in sub-paragraph (3)(b) above, in the case of a committee consisting of seven members;

• (b) two members shall be so nominated, in the case of a committee consisting of five members; and

• (c) one member shall be so nominated, in the case of a committee consisting of three members.

• (5) None of the governors shall be chairman of an appeal committee.

• (6) A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

• (7) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

3

An appeal pursuant to joint arrangements made by virtue of section 7(3) of this act by the governors of two or more schools shall be to an appeal committee consituted as provided in paragraph 2 above, taking references to the governors as references to the governors of both or all the schools.

4

An appeal committee constituted in accordance with paragraph 2 or 3 above shall be included in the bodies to which sections . . . 174 of the Local Government Act 1972 (allowances) apply.

Part II — Procedure

5

An appeal shall be by notice in writing setting out the grounds on which it is made.

6

An appeal committee shall afford the appellant an opportunity of appearing and making oral representations and may allow the appellant to be accompanied by a friend or to be represented.

7

The matters to be taken into account by an appeal committee in considering an appeal shall include—

• (a) any preference expressed by the appellant in respect of the child as mentioned in section 6 of this Act; and

• (b) the arrangements for the admission of pupils published by the local education authority or the governors under section 8 of this Act.

8

In the event of disagreement between the members of an appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and in the case of an equaility of votes the chairman of the committee shall have a second or casting vote.

9

The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—

• (a) the appellant and the local education authority; and

• (b) in the case of an appeal to an appeal committee constituted in accordance with paragraph 2 or 3 above, to the governors by or on whose behalf the decision appealed against was made.

10

Appeals pursuant to arrangements made under section 7 of this Act shall be heard in private except when otherwise directed by the authority or governors by whom the arrangements are made but, without prejudice to paragraph 6 above, a member of the local education authority may attend as an observer any hearing of an appeal by an appeal committee constituted in accordance with paragraph 1 above and a member of the Council on Tribunals may attend as an observer any meeting of any appeal committee at which an appeal is considered.

11

Subject to paragraphs 5 to 10 above, all matters relating to the procedure on appeals pursuant to arrangements made under section 7 of this Act, including the time within which they are to be brought, shall be determined by the authority or governors by whom the arrangements are made; and neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with paragraph 1 above.

SCHEDULE 3

The Education Act 1944

1

In section 16(2) of the Education Act 1944 for the words “subsection (2) of section thirteen of this Act” there shall be substituted the words “section 13 of the Education Act 1980”.

2

In section 17(6) of that Act for the words “section 13 of this Act” there shall be substituted the words “section 13 of the Education Act 1980”.

3

In section 85 of that Act for subsections (2) and (3) there shall be substituted—