Education Reform Act 1988

Right to production of documents of title

4

• (1) Where a transfer to which this Schedule applies relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.

• (2)

Where on any transfer to which this Schedule applies the transferor is entitled to retain possession of any documents relating in part to the title to any land or other property transferred to the transferee, the transferor shall be treated as having given to the transferee an acknowledgment in writing of the right of the transferee to production of that document and to delivery of copies of it; and section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgement did not contain any such expression of contrary intention as is mentioned in that section.

Proof of title by certificate

5

The Education Transfer Council may issue a certificate stating that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, was or was not transferred by virtue of this Act or of the School Standards and Framework Act 1998 to any body corporate or persons so specified; and any such certificate shall be conclusive evidence for all purposes of that fact.

Construction of agreements

6

• (1) Where in the case of any transfer to which this Schedule applies any rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, the agreement shall, unless the context otherwise requires, have effect on and after the transfer date as if—

• (a) the transferee had been a party to the agreement;

• (b) for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee;

• (c) any reference (whether express or implied and, if express, however worded) to a specified officer of the transferor or a person employed by the transferor in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to an officer or employee of the transferee who corresponds as closely as possible to the person referred to in the agreement;

• (d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee as regards the part of the property, rights or liabilities retained by the transferor or (as the case may be) the part vesting in the transferee, and not as regards the other part;

and paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.

• (2) This paragraph applies to any agreement whether in writing or not and whether or not of such a nature that rights and liabilities under it could be assigned by the transferor.

7

• (1) Without prejudice to the generality of paragraph 6 above, the transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the transferee by virtue of this Act or of the School Standards and Framework Act 1998 as he would have had if that right or liability had at all times been a right or liability of the transferee.

• (2) Any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate to any property, right or liability transferred to the transferee by virtue of this Act or of the School Standards and Framework Act 1998, or to any agreement relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.

8

The provisions of paragraphs 6 and 7 above shall have effect for the interpretation of agreements subject to the context, and shall not apply where the context otherwise requires.

Third parties affected by vesting provisions

9

• (1) Without prejudice to the generality of paragraphs 6 to 8 above, any transaction effected between a transferor and a transferee in pursuance of paragraph 2(1) or of a direction under paragraph 3 above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any person other than the transferor and the transferee.

• (2) If as a result of any such transaction any person’s rights or liabilities become enforceable as to part by or against the transferor and as to part by or against the transferee, the the Education Transfer Council shall give that person written notification of that fact.

• (3) If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule—

• (a) the rights or liabilities of any person other than the transferor or the transferee which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee; and

• (b) the value of any property or interest of that person is thereby diminished;

such compensation as may be just shall be paid to that person by the transferor, the transferee or both.

• (4) Any dispute as to whether and if so how much compensation is payable under sub-paragraph (3) above, or as to the person to whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor.

• (5) Where the transferor or the transferee under a transfer to which this Schedule applies purports by any conveyance or transfer to transfer to some person other than the transferor or the transferee for consideration any land or other property which before the transfer date belonged to the transferor, or which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties to it and had thereby conveyed or transferred all their interest in the property conveyed or transferred.

• (6) A court shall have the power set out in sub-paragraph (7) below if at any stage in proceedings before it to which the transferor or transferee under a transfer to which this Schedule applies and a person other than the transferor or the transferee are parties it appears to it that the issues in the proceedings—

• (a) depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and the Education Transfer Councilor (as the case may be) the transfereehave not yet effected; or

• (b) raise a question of construction on the relevant provisions of this Act or of the School Standards and Framework Act 1998 which would not arise if the transferor and the transferee constituted a single person.

• (7) In any such case the court may, if it thinks fit on the application of a party to the proceedings other than the transferor or the transferee, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person.

• (8) Any judgment or order given by a court in proceedings determined on that footing shall bind both the transferor and the transferee accordingly.

• (9) It shall be the duty of the transferor and of the Education Transfer Councilor (as the case may be) the transferee to keep one another informed of any case where the transferor or the transferee under a transfer to which this Schedule applies may be prejudiced by sub-paragraph (5) above or any judgment or order given by virtue of sub-paragraph (8) above.

• (10) If either the transferor or the transferee claims that he has been so prejudiced and that the other of them ought to indemnify or make a payment to him on that account and has unreasonably failed to meet that claim, he may refer the matter to the Secretary of State for determination by the Secretary of State.

Delivery of documents to transferee

10

When it appears to the Education Transfer Council, in the case of any transfer under which the transferor is a local authority, that any agreements and instruments required to be made or executed in pursuance of paragraph 2(1) above or in pursuance of a direction under paragraph 3 above have been made or executed, the Council shall deliver those agreements and instruments (if any) to the transferee.

SCHEDULE 11

Appointment

1

• (1) The Secretary of State shall appoint five persons to be the University Commissioners (in this Schedule referred to as “the Commissioners”).

• (2) The Secretary of State may appoint a person to fill the place of any Commissioner (including one appointed under this sub-paragraph) who dies, resigns or is removed from office.

• (3) The name of every person appointed under sub-paragraph (2) above shall be laid before Parliament.

Tenure of office

2

• (1) A person may at any time by notice in writing to the Secretary of State resign his office as Commissioner.

• (2) If the Secretary of State is satisfied that a Commissioner is unable or unfit to discharge the functions of a Commissioner the Secretary of State may by notice in writing to the Commissioner remove him from office.

Duration

3

• (1) Subject to sub-paragraph (2) below, the Commissioners’ duties and powers shall cease at the end of the period of three years beginning with the day on which section 202 of this Act comes into force.

• (2) The Secretary of State may by order provide for the Commissioners’ duties and powers—

• (a) to cease at the end of such shorter period; or

• (b) to continue for such longer period,

as may be specified in the order.

Powers

4

The Commissioners shall have power to do anything which appears to them necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular power to require any officer of a qualifying institution to furnish any information, or to produce any documents, relating to the institution or its instruments of government.

Remuneration

5

The Secretary of State may pay the Commissioners such remuneration as he may with the consent of the Treasury determine.

Staff

6

• (1) The Commissioners may appoint such employees as they think fit.

• (2) The Commissioners shall pay to or in respect of their employees such remuneration and allowances as they may determine.

• (3) The employees of the Commissioners shall be appointed on such terms as the Commissioners may determine.

• (4) A determination under sub-paragraph (2) or (3) above shall be ineffective unless made with the approval of the Secretary of State given with the consent of the Treasury.

Expenses

7

The expenses of the Commissioners shall be defrayed by the Secretary of State.

Proceedings

8

• (1) The Secretary of State shall appoint one of the Commissioners to be chairman; and if the person so appointed—

• (a) ceases to be a Commissioner; or

• (b) is absent from any meeting,

the Commissioners present at each meeting shall choose a chairman.

• (2) The powers of the Commissioners may be exercised at a meeting at which two or more of them are present.

• (3) The validity of any proceedings of the Commissioners is not affected by any vacancy among the Commissioners or any defect in the appointment of any Commissioner.

SCHEDULE 12

Part I — Amendments Relating to Grant-maintained Schools

The Education Act 1944 (c. 31)

1

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2

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3

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4

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5

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6

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7

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The Education (Miscellaneous Provisions) Act 1953 (c. 33)

8

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The Charities Act 1960 (c. 58)

9

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10

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

11

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The Tribunals and Inquiries Act 1971 (c. 62)

12

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The Local Government Act 1972 (c. 70)

13

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The Education (Work Experience) Act 1973 (c. 23)

14

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The Sex Discrimination Act 1975 (c. 65)

15

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16

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17

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The Race Relations Act 1976 (c. 74)

18

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19

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The National Health Service Act 1977 (c. 49)

20

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21

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22

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The Employment Protection (Consolidation) Act 1978 (c. 44)

23

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The Education Act 1980 (c. 20)

24

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25

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The Education Act 1981 (c. 60)

26

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27

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28

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

29

• (1) Section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on educational premises) shall be amended as follows.

• (2) In subsection (2), after paragraph (a) there shall be inserted the following paragraph—

(aa) of a grant-maintained school; or

.

• (3) In subsection (4), for the words from “or special” to “governors” there shall be substituted the words “special agreement or grant-maintained school, by a person whom the governing body of the school”.

• (4) In subsection (5), for the words from “school” to the end there shall be substituted the words “or grant-maintained school without first obtaining the consent of the governing body of the school”.

• (5) In subsection (7), for the words from “or special” to “governors” there shall be substituted the words “special agreement or grant-maintained school may be brought by a person whom the governing body of the school”.

• (6) In subsection (8), for the words from “school” to the end there shall be substituted the words “or grant-maintained school without first obtaining the consent of the governing body of the school”.

The Representation of the People Act 1983 (c. 2)

30

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31

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32

In paragraph 1(1) of Schedule 5 to that Act (arrangements for use of school room for parliamentary election meetings), after the words “the school” there shall be inserted the words “or, in the case of a room in the premises of a grant-maintained school, with the governing body of the school”.

The Building Act 1984 (c. 55)

33

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

34

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35

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36

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37

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The Teachers’ Pay and Conditions Act 1987 (c. 1)

38

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39

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Part II — Amendments Consequential on Abolition of ILEA

40

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The Local Government Act 1972 (c. 70)

41

In section 70 of the Local Government Act 1972 (restriction on promotion of Bills to change local government areas), for the words “Neither a” there shall be substituted the word “No”.

42

In section 78(2) of that Act (electoral arrangements: supplementary), for the words from “in paragraphs” to the end there shall be substituted the words “in Schedule 11 to this Act”.

43

In section 146A(1)(a) of that Act (miscellaneous powers of local authorities) for the words “local authorities” there shall be substituted the words “a local authority”.

44

In section 177(2) of that Act (allowances to members of local authorities: supplementary), for “(ab)” there shall be substituted “(ac)”.

45

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46

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47

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49

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The Representation of the People Act 1983 (c. 2)

50

In section 35(4) of the Representation of the People Act 1983 (returning officers for local elections), for “3A” there shall be substituted “3”.

51

In section 40(2) of that Act (timing as to local elections), for the words “the Local Government Act 1972 and Part III of the Local Government Act 1985” there shall be substituted the words “and the Local Government Act 1972”.

The Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)

52

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

53

• (1) Section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital) shall be amended as follows.

• (2) In subsection (1)(c) for the words “or authority” there shall be substituted the words “of that local authority”.

• (3) In subsection (9) the following definition shall be substituted for the definition of “the appropriate officer or authority”—

• “the appropriate officer” of a local authority is such officer discharging functions of that authority in their capacity as a local authority, or in Scotland an education authority, as may be appointed by the authority for the purposes of this section;

.

Part III — Other Amendments

The Education Act 1944 (c. 31)

54

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55

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56

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57

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58

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59

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The Education Act 1946 (c. 50)

60

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The Education (Miscellaneous Provisions) Act 1948 (c. 40)

61

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62

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The Charities Act 1960 (c. 58)

63

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64

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The Factories Act 1961 (c. 34)

65

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The Veterinary Surgeons Act 1966 (c. 36)

66

In Schedule 3 to the Veterinary Surgeons Act 1966 (treatment and operations which may be given or carried out by unqualified persons), in Part 1, for the words from “and in this paragraph “recognised institution”" to the end there shall be substituted the following paragraph—

In the foregoing paragraph “recognised institution” means— (a) as respects England and Wales— (i) an institution maintained or assisted by a local authority; (ii) any other institution which provides higher education or further education (or both) and as respects which a grant is paid by the Secretary of State; or (iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; (b) as respects Scotland— (i) a further education college administered by an education authority; (ii) a central institution within the meaning of the Education (Scotland) Act 1980; or (iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; and (c) as respects Northern Ireland, an agricultural college maintained by the Department of Agriculture for Northern Ireland; and expressions used in paragraph (a) of this paragraph and in the Education Act 1944 have the same meanings as in that Act.

The Parliamentary Commissioner Act 1967 (c. 13)

67

In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), there shall be inserted (at the appropriate place in alphabetical order)—

Education Assets Board

.

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

68

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

69

• (1) Section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, educational institutions) shall be amended as follows.

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

• (3) For paragraph (b) there shall be substituted the following paragraph—

(b) schools and institutions which provide higher education or further education (or both) and are maintained or assisted by local authorities

.

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

70

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The Local Government Act 1974 (c. 7)

71

In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Local Commissioner) for the words from “whether”, in the second place where it occurs, to the end there shall be substituted the words “in any school or other educational establishment maintained by the authority”.

The Sex Discrimination Act 1975 (c. 65)

72

In section 22 of the Sex Discrimination Act 1975 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 4 there shall be inserted the following paragraph—

73

In section 24(2) of that Act (power to designate institutions)—

• (a) paragraph (a) shall be omitted; and

• (b) in paragraph (c), for the words “in accordance with a scheme approved under section 42” there shall be substituted the words “for the purposes”.

74

In section 25(6)(c) of that Act (general duty in public sector of education)—

• (a) in sub-paragraph (i) after “3” there shall be inserted “4A”; and

• (b) in sub-paragraph (ii) the words “(a) or” shall be omitted.

75

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76

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77

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The Race Relations Act 1976 (c. 74)

78

In section 17 of the Race Relations Act 1976 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 4 there shall be inserted the following paragraph—

79

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The Employment Protection (Consolidation) Act 1978 (c. 44)

80

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The Education Act 1980 (c. 20)

81

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82

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The Education Act 1981 (c. 60)

83

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84

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85

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The Agricultural Training Board Act 1982 (c. 9)

86

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The Industrial Training Act 1982 (c. 10)

87

• (1) Section 5 of the Industrial Training Act 1982 (functions of industrial training boards) shall be amended as follows.

• (2) In subsections (1)(c) and (4)(c), for the words “further education” there shall be substituted the words “post-school education”.

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

88

In section 13(1) of that Act (proposals for exemption certificates)—

• (a) in paragraph (a) for the words “further education” there shall be substituted the words “post-school education”; and

• (b) after the words “in this subsection” there shall be inserted the words “ “post-school education” has the same meaning as in section 5 above and".

89

In section 14 (exemption certificates), in subsection (1) for the words “further education” there shall be substituted the words “post-school education”; and after that subsection there shall be inserted the following subsection—

(1A) In subsection (1) above “post-school education” has the same meaning as in section 5 above.

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

90

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

91

• (1) Section 1 of the Education (Fees and Awards) Act 1983 (fees at certain further education establishments) shall be amended as follows.

• (2) In subsection (3), for paragraphs (b) and (c) there shall be substituted the following paragraphs—

(b) any institution within the PCFC funding sector; and (c) any institution which provides higher education or further education (or both) and is either maintained by a local authority or falls within subsection (3A) below; and (d) any further education institution in Scotland which is administered by an education authority.

• (3) After that subsection there shall be inserted the following subsection—

(3A) An institution falls within this subsection if it is substantially dependent for its maintenance on public funds and either is specified in the regulations or is of a class or description so specified.

.

• (4) In subsection (4), after the words “Education (Scotland) Act 1980” there shall be inserted the words “and expressions used in this section and in the Education Act 1944 have the same meaning as in that Act”.

The Further Education Act 1985 (c. 47)

92

• (1) Section 1 of the Further Education Act 1985 (supply of goods and services through further education establishments) shall be amended as follows.

• (2) In subsection (1), for the words “a further education establishment” there shall be substituted the words “an institution which provides higher education or further education (or both)”.

• (3) In subsection (2), for the word “establishment” there shall be substituted the word “institution”.

93

• (1) Section 2 of that Act (powers of local authorities with respect to agreements for supply of goods and services through further education establishments) shall be amended as follows.

• (2) In subsection (1)(a), for the words “a further education establishment provided by them” there shall be substituted the words “an institution which is maintained by them and provides higher education or further education (or both)”.

• (3) In subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) to a corporation established under section 121 or 122 of the Education Reform Act 1988; (b) to a company responsible for conducting an institution which— (i) provides higher education or further education (or both); and (ii) is either within the PCFC funding sector or is assisted by a local authority; (c) where such an institution as is mentioned in paragraph (b) above is not conducted by a company, to the governing body of the institution; or (d) to a body corporate in which such a corporation or company as is mentioned in paragraph (a) or (b) above has a holding such as is mentioned in subsection (8) below,

.

• (4) In subsection (2), for the words “establishment which he provides” there shall be substituted the words “institution conducted by the corporation, company or governing body”.

• (5) In subsection (8), for the words “and (2)(b)” there shall be substituted the words “and (2)(d)”.

94

In section 3(8)(a) (financial and accounting provisions), for the word “establishment”, in both places where it occurs, there shall be substituted the word “institution”.

The Housing Act 1985 (c. 68)

95

In paragraph 10(4) of Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies), in the definition of “educational establishment”, for the words “establishment of further education” there shall be substituted the words “institution which provides higher education or further education (or both); and for the purposes of this definition “higher education” and “further education” have the same meaning as in the Education Act 1944".

The Agricultural Holdings Act 1986 (c. 5)

96

In paragraph 2 of Schedule 6 to the Agricultural Holdings Act 1986 (eligibility to apply for new tenancy on death or retirement of former tenant), for the words “establishment of further education” there shall be substituted the words “establishment of higher or further education”.

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

97

• (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 subsections (3)(a), (6)(b) and (9), for the words “a further education establishment” there shall be substituted the words “an establishment of higher or further education”.

• (3) In subsection (9), after the definition of “child” there shall be inserted the following definition—

• “establishment of higher or further education” means an institution which provides higher education or further education (or both);

.

98

In section 6(1) of that Act (review of dates when disabled persons are expected to leave full-time education)—

• (a) for the words “a further education establishment” there shall be substituted the words “an establishment of higher or further education”; and

• (b) in paragraph (b), for the words “further education establishments” there shall be substituted the words “establishments of higher or further education”.

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

99

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

100

• (1) Section 43 of that Act (freedom of speech in educational establishments) shall be amended as follows.

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

• (3) In subsection (5), for paragraph (b) there shall be substituted the following paragraph—

(b) any establishment of higher or further education which is maintained by a local authority;

.

• (4) In subsection (5)(c)—

• (a) for the words “further education” there shall be substituted the words “further or higher education”; and

• (b) for the word “establishment”, in the second place where it occurs, there shall be substituted the word “institution”.

101

• (1) Section 49(3) of that Act (appraisal of performance of teachers) shall be amended as follows.

• (2) In paragraph (c), for the words “further education establishment provided” there shall be substituted the words “establishment of higher or further education maintained”.

• (3) In paragraph (d)—

• (a) for the words “further education establishment” there shall be substituted the words “establishment of higher or further education”; and

• (b) for the word “establishment”, in the second place where it occurs, there shall be substituted the word “institution”.

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

• (5) In paragraph (e), for the word “(d)” there shall be substituted the word “(da)”.

• (6) In paragraph (f), for the words “further education establishment” there shall be substituted the words “establishment of higher or further education”.

102

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

103

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

104

In section 61(1) of that Act (minimum age for governors of certain educational establishments), for the words from “(a) which is” to “of government” there shall be substituted the words “which is maintained by a local authority and which provides higher education or further education (or both)”.

105

In section 65(1) of that Act (interpretation) after the definition of “co-opted governor” there shall be inserted the following definition—

• “establishment of higher or further education” means an institution which provides higher education or further education (or both);

.

106

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

The Local Government Act 1988 (c. 9)

107

In paragraph 5(4) of Schedule 1 to the Local Government Act 1988 (catering to which the competition provisions of that Act apply) for the words from “for which” to the end there shall be substituted the words “which is maintained by a local authority and provides higher education or further education (or both)”.

SCHEDULE 13

Part I — Repeals coming into force on abolition of ILEA

Part II — Other Repeals

Editorial notes

[^c12668451]: Act extends primarily to England & Wales but see s. 238(3)-(6) for extensions to Scotland and Northern Ireland

[^c12668461]: Act applied (Canterbury and York, except Channel Islands and Isle of Man) (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2), s. 7(3): Archbishops' Instrument 1991 No. 1 (made 26.7.1991) Act modified (1.4.1993) by S.I. 1993/563, art.2 Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 art. 2

[^c12668471]: Power to amend Act conferred (1.2.1999) by School Standards and Framework Act 1998 (c. 31), s. 137(2) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1 (with art. 3)

[^c12668491]: Act: for any reference to the Education Assets Board there is substituted (1.10.1998) a reference to the Education Transfer Council by virtue of School Standards and Framework Act 1998 (c. 31), s. 136; S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

[^c12668501]: Pt. I (ss. 1-119) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt.I, Sch. 39.

[^c12668511]: S. 1 applied (with modifications) (1.4.1994) by S.I. 1994/653. reg. 42(1), Sch. Pt.I Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9

[^c12668551]: S. 2 except s. 2(1)(a) applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I. Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) s. 2(1)(a) applied (9.5.1994) by S.I. 1994/1084, reg. 9

[^c12668561]: S. 2(1)(aa)(ab) inserted (1.9.1994) by 1993 c. 35, s. 241(1); S.I. 1994/2038, art. 3(1), Sch.2.

[^c12668571]: S. 2(1)(ab) extended (1.9.1994) by S.I. 1994/2103, reg. 2(1), Sch. 1 Pt. I para. 3(1).

[^c12668581]: S. 2(1)(a) restricted (1.4.1994) by 1993 c. 35, ss. 138(9), 139(2), 140(2) (with s. 155(11)); S.I. 1994/507, art. 3(1) S. 2(1)(a) modified (1.4.1994) by 1993 c. 35, s. 141(2)-(4) (with s. 155(11)); S.I. 1994/507, art. 3(1)

[^c12668591]: Words in s. 2(2)(c) substituted (27.7.1993) by 1993 c. 35, ss. 240(1), 308(3)

[^c12668801]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg. 9.

[^c12668811]: Words in s. 3(2) substituted (1.8.1994) by S.I. 1994/1814, art. 2(2).

[^c12668821]: Words in s. 3(2)(a) omitted (1.8.1994) by virtue of S.I. 1994/1814, art. 2(3).

[^c12668831]: Words in s. 3(2)(a) repealed (1.8.1992) by S.I. 1992/1548, art. 2(a).

[^c12668841]: S. 3(2)(aa) inserted (1.8.1992) by S.I. 1992/1548, art. 2(b).

[^c12668851]: Words in s. 3(2)(aa) inserted (1.8.1994) by S.I. 1994/1814, art. 2(4).

[^c12668861]: S. 3(2A)(2B) inserted (1.8.1994) by S.I. 1994/1814, art. 2(5).

[^c12668871]: Words in s. 3(3) substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 113(a); S.I. 1994/507, art. 4(1), Sch. 2.

[^c12668881]: S. 3(5A) inserted (27.7.1993) by 1993 c. 35, s. 240(2)

[^c12668891]: Definition of “school year " and the preceding word “and " in s.3(6) added (27.7.1993) by 1993 c. 35, s. 240(3)

[^c12668901]: S. 4 restricted (1.9.1994) by 1993 c. 35, s. 241(4); S.I. 1994/2038, art. 3(1), Sch.2.

[^c12668911]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12668921]: S. 4(5)-(8) substituted for s. 4(5) (27.7.1993) by 1993 c. 35, s. 240(4)

[^c12668931]: S. 5 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I. Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12668941]: S. 6 explained (1.4.1994) by 1993 c. 35, s. 138(2)-(4) (with s. 155(11)); S.I. 1994/507, art.3(1). S. 6 power to modify conferred (1.4.1994) by 1993 c. 35, s. 138(7)(b) (with s. 155(11)); S.I. 1994/507, art.3(1).

[^c12668951]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12668961]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12668971]: Words in s. 8(2) substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para.114; S.I. 1994/507, art. 4(1), Sch.2.

[^c12669041]: S. 9 except s. 9(3)-(10) applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I.

[^c12669051]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg. 9.

[^c12669061]: S. 9(1A) inserted (1. 8. 1993) by Further and Higher Education Act 1992 (c. 13), s. 12(4); S.I. 1992/831, art. 2, Sch. 4.

[^c12669081]: Words in s. 9(1A) inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 8(2); S.I. 1994/2204, art.2(1).

[^c12669101]: Words in s. 9(7) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 115; S.I. 1994/507, art. 4(1), Sch. 2.

[^c12669111]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9

[^c12669121]: S. 10 except s. 10(1) applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.

[^c12669131]: S. 10(3) excluded (temp.) (W.) by S.I. 1990/2187, art. 2

[^c12669161]: S. 11 restricted by S.I. 1989/46, art. 3(3)

[^c12669171]: Ss. 11, 13 modified by S.I. 1989/46, Sch. 1 S. 11 modified (1.4.1994) by 1993 c. 35, s. 16(2)(3); S.I. 1994/507, art. 3(1). S. 11 modified (1.4.1994) by 1993 c. 35, s. 255(2); S.I. 1994/507, art. 4(1), Sch.2.

[^c12669181]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12669191]: S. 11(3)(b) substituted (1.4.1994) by 1993 c. 35 s. 147(1), (with s. 155(11)); S.I. 1994/507, art. 3(1).

[^c12669201]: S. 11(3)(b) restricted (1.4.1994) by S.I. 1994/507, arts. 3,4, Sch. 3 Pt. para. 3

[^c12669211]: Words in s. 11(4)(a) substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 116(a); S.I. 1994/507, art. 4(1), Sch.2.

[^c12669221]: S. 11(11)(12) added (1.4.1994) by 1993 c. 35, s. 147(2) (with s. 155(11)); S.I. 1994/507, art. 3(1).

[^c12669231]: S. 11(13) added (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 116(b); S.I. 1994/507, art. 4(1), Sch.2.

[^c12669241]: Words in s. 11(13) substituted (1.4.1994) by 1993 c. 35, s. 253, Sch. 15 para. 4(2); S.I. 1994/507, art. 4(1), Sch.2.

[^c12669251]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12669261]: S. 12(1)(a)(b) substituted for words in s. 12(1) (1.4.1994) by 1993 c. 35, s. 148(a)(i), (with s. 155(11)); S.I. 1994/507, art. 3(1)

[^c12669271]: Words in s. 12(1) inserted (1.4.1994) by 1993 c. 35, s. 148(a)(ii), (with s. 155(11)); S.I. 1994/507, art. 3(1)

[^c12669281]: Words in s. 12(4) inserted (1.4.1994) by 1993 c. 35, s. 148(b), (with s. 155(11)); S.I. 1994/507, art. 3(1)

[^c12669291]: Words in s. 12(9) inserted (1.4.1994) by 1993 c. 35, s. 148(c), (with s. 155(11)); S.I. 1994/507, art. 3(1)

[^c12669301]: S. 12(11) inserted (1.4.1994) by 1993 c. 35, s. 148(d), (with s. 155(11)); S.I. 1994/507, art. 3(1)

[^c12669311]: S. 12A inserted (1.4.1994) by 1993 c. 35, s.257; S.I. 1994/507, art. 4(1), Sch.2.

[^c12669321]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12669361]: Ss. 11, 13 modified by S.I. 1989/46, Sch. 1

[^c12669371]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12669381]: S. 13(1) saved (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1), s. 6(1); Archbishops' Instrument 1991 No. 1 (made 26.7.1991)

[^c12669391]: Words in s. 13(1)(2)(7)(b) inserted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 117; S.I. 1994/507, art. 4(1), Sch.2.

[^c12669611]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12669621]: Words in s. 14(1) and s. 14(1)(a)(c) repealed (1.1.1994) by 1993 c. 35, s. 307(3), Sch. 21, Pt. II; S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art. 2).

[^c12669631]: Words in s. 14(1)(1b) substituted (1.4.1994) by 1993 c. 35, s. 253(1); S.I. 1994/507, art. 4(1), Sch.2.

[^c12669671]: Word in s. 14(2) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19, para. 118(a); S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art. 2).

[^c12669681]: Words in s. 14 substituted (1.4.1994) by 1993 c. 35, s. 253, Sch. 15, para. 4(3); S.I. 1994/507, art. 4(1), Sch.2.

[^c12669691]: S. 14(3) applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.

[^c12669701]: Words in s. 14(3) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 118(b); S.I. 1993/1975, art. 9, Sch. 1

[^c12669721]: S. 14(4) repealed (1.10.1993) by 1993 c. 35, s. 307(3), Sch. 21, Pt. II; S. I. 1993/1975, art. 9, Sch. 1 Appendix

[^c12669731]: Words in s. 14(5)(b) repealed (1.10.1993) by 1993 c. 35, s. 307(3), Sch. 21, Pt. II; S.I. 1993/1975, art. 9, Sch. 1 Appendix

[^c12669741]: Word in s. 14(5) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 118(c); S.I. 1993/1975, art. 9, Sch. 1

[^c12669781]: Word in s. 14(6) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 118(d); S.I. 1993/1975, art. 9, Sch. 1

[^c12669801]: Word in s. 14(7) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19, para. 18(e); S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art. 2).

[^c12669821]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12669861]: S. 16 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I. Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12669871]: Words in s. 16(3)(a)(b) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 119(a); S.I. 1993/1975, art. 9, Sch. 1

[^c12669891]: S. 16(6) added (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 119(b); S.I. 1993/1975, art. 9, Sch. 1

[^c12669901]: Words in s. 16(6) substituted (1.4.1994) by 1993 c. 35, s. 253, Sch. 15 para. 4(4); S.I. 1994/507, art. 4(1), Sch.2.

[^c12669911]: Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.

[^c12669921]: S. 17A inserted (1.9.1994) by 1993 c. 35, s. 241(3); S.I. 1994/2038, art. 3(1), Sch.2.