Education Act 1993 (repealed)

(2) The Secretary of State shall refer the proposal to the Curriculum Council for Wales (in this section referred to as “the Council”) and give to it directions as to the time within which it is to report to him. (3) The Council shall give notice of the proposal— (a) to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to it to be concerned; and (b) to any other persons with whom consultation appears to it to be desirable; and afford them a reasonable opportunity of submitting evidence and representations as to the issues arising. (3A) The report of the Council to the Secretary of State shall contain— (a) a summary of the views expressed during the consultations; (b) its recommendations as to the proposal; and (c) such other advice relating to the proposal as it thinks fit; and the Council shall, after submitting its report to the Secretary of State, arrange for the report to be published. (3B) Where the Council has reported to the Secretary of State, he shall— (a) publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education— (i) a draft of the proposed order or regulations and any associated document; and (ii) a statement explaining his reasons for any failure to give effect to the recommendations of the Council; (b) send copies of the documents mentioned in paragraph (a) above to the Council and to each of the persons consulted by the Council; and (c) allow a period of not less than one month for the submission of evidence and representations with respect to the issues arising.

Replacement of the National Curriculum Council and the School Examinations and Assessment Council

The School Curriculum and Assessment Authority.

244

• (1) There shall be a body corporate known as the School Curriculum and Assessment Authority.

• (2) The Authority shall consist of not less than ten nor more than fifteen members appointed by the Secretary of State.

• (3) Of the members of the Authority, the Secretary of State—

• (a) shall appoint one as chairman, and

• (b) may appoint another as deputy chairman.

• (4) The Secretary of State shall include among the members of the Authority persons who appear to him—

• (a) to have experience of, and to have shown capacity in, the provision of education, or

• (b) to have held, and to have shown capacity in, any position carrying responsibility for the provision of education.

• (5) Where in carrying out his functions under subsection (4) above the Secretary of State proposes to appoint a person who appears to him to have experience of, and to have shown capacity in, the provision of education, he shall have regard to the desirability of including persons engaged in the provision of primary or secondary education.

• (6) Schedule 14 to this Act shall have effect with respect to the Authority.

Functions.

245

• (1) The School Curriculum and Assessment Authority shall, so far as relevant for the purposes of advancing education—

• (a) keep under review all aspects of the curriculum for maintained schools in England and all aspects of school examinations and assessment,

• (b) advise the Secretary of State on such matters concerned with the curriculum for maintained schools in England or with school examinations and assessment as he may refer to them or as they may see fit,

• (c) advise the Secretary of State on, and, if so requested by him, assist him to carry out, programmes of research and development for purposes connected with the curriculum for maintained schools in England or with school examinations and assessment,

• (d) publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for maintained schools in England or to school examinations and assessment,

• (e) make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements,

• (f) advise the Secretary of State on the exercise of his powers under section 5(1) of the Education Reform Act 1988 (approval of external qualifications),

• (g) advise the Secretary of State on such other matters connected with the provision of education in maintained schools in England, or in non-maintained special schools there, as the Secretary of State may specify by order, and

• (h) carry out such ancillary activities as the Secretary of State may direct.

• (2) The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as he may require.

• (3) In carrying out their functions, the Authority shall—

• (a) comply with any directions given by the Secretary of State,

• (b) act in accordance with any plans approved by him, and

• (c) so far as relevant, have regard to the requirements of section 1 of the Education Reform Act 1988 (requirements which curriculum for maintained school must satisfy).

• (4) For the purposes of paragraph (h) of subsection (1) above, activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under that subsection.

• (5) In this section—

• “assessment arrangements” and “maintained school” have the same meanings as in Chapter I of Part I of the Education Reform Act 1988, and

• “non-maintained special school” means a special school not maintained by a local education authority.

Dissolution of existing Councils.

246

The National Curriculum Council and the School Examinations and Assessment Council are hereby dissolved.

Transfer of property.

247

• (1) The Secretary of State may by order provide for the transfer to the School Curriculum and Assessment Authority of—

• (a) such of the land or other property of the National Curriculum Council or the School Examinations and Assessment Council, and

• (b) such of the rights and liabilities of either of those councils (other than rights and liabilities arising under contracts of employment),

as, in his opinion, need to be transferred to enable the Authority to carry out their functions properly.

• (2) No order under subsection (1) above may be made after the end of the period of [two months and fifteen days] beginning with the day on which section 244 of this Act comes into force.

• (3) Any order under subsection (1) above made before the day on which section 244 of this Act comes into force shall come into force on that day.

• (4) Where immediately after the end of the period within which an order under subsection (1) above may be made any property, rights or liabilities remain vested in the National Curriculum Council or the School Examinations and Assessment Council, they shall forthwith vest in the Secretary of State.

• (5) The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (2) above such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

Transfer of staff.

248

• (1) This section applies to any person who—

• (a) is employed by the National Curriculum Council or School Examinations and Assessment Council immediately before section 244 of this Act comes into force, and

• (b) is designated as respects the School Curriculum and Assessment Authority by order of the Secretary of State.

• (2) A contract of employment between a person to whom this section applies and the National Curriculum Council or School Examinations and Assessment Council shall have effect, from the day on which the order under subsection (1)(b) above comes into force, as if originally made between him and the Authority.

• (3) Without prejudice to subsection (2) above—

• (a) all the rights, powers, duties and liabilities of the National Curriculum Council or School Examinations and Assessment Council under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the Authority on the day on which the order under subsection (1)(b) above comes into force, and

• (b) anything done before that day by or in relation to the National Curriculum Council or School Examinations and Assessment Council in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Authority.

• (4) Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by subsection (2) above.

• (5) An order under subsection (1)(b) above may designate a person either individually or as falling within a class or description of employee.

• (6) No order under subsection (1)(b) above may be made after the end of the period of [two months and fifteen days] beginning with the day on which section 244 of this Act comes into force.

• (7) Any order under subsection (1)(b) above made before the day on which section 244 of this Act comes into force shall come into force on that day.

• (8) The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (6) above such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

Curriculum Council for Wales

Finance.

249

In Schedule 2 to the Education Reform Act 1988, for paragraph 11 there is substituted—

(11) (1) The Secretary of State may make grants to the Council of such amount as he thinks fit in respect of expenses incurred or to be incurred by it in carrying out its functions. (2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine. (3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Proceedings.

250

In that Schedule, there is inserted before paragraph 14—

(13A) (1) The chairman of the School Curriculum and Assessment Authority, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Council or any committee of the Council. (2) The Council shall provide the chairman of the School Curriculum and Assessment Authority with such copies of any documents distributed to members of the Council or of any such committee as he may require.

Accounts.

251

• (1) In that Schedule, paragraph 18 (accounts) shall be amended as follows.

• (2) In sub-paragraph (1)(b), “in such form as the Secretary of State may direct with the approval of the Treasury” is omitted.

• (3) After sub-paragraph (1) there is inserted—

(1A) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to— (a) the information to be contained in it; (b) the manner in which the information contained in it is to be presented; or (c) the methods and principles according to which the statement is to be prepared.

Transfer of functions in relation to Wales.

252

• (1) The Secretary of State may by order transfer any function of the School Curriculum and Assessment Authority in relation to Wales to the body established by section 14(1)(b) of the Education Reform Act 1988 (Curriculum Council for Wales).

• (2) An order under this section may contain such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks fit, including provisions—

• (a) for the transfer of staff; and

• (b) for the transfer of property, rights and liabilities held, enjoyed or incurred in connection with any function transferred.

Change of name.

253

• (1) In section 14(1)(b) of the Education Reform Act 1988, for “the Curriculum Council for Wales” there is substituted “ Awdurdod Cwricwlwm ac Asesu Cymru or the Curriculum and Assessment Authority for Wales ”.

• (2) Schedule 15 to this Act (amendments consequential on the change of name) shall have effect.

Religious education

Duty to reconvene conference on agreed syllabus of religious education.

254

• (1) Within six months of the commencement of this section the local education authority shall reconvene any conference—

• (a) which they have convened for the purpose set out in paragraph 1 or 12 of the Fifth Schedule to the Education Act 1944 (procedure for preparing and bringing into operation an agreed syllabus of religious education) or section 11(8) of the Education Reform Act 1988 (standing advisory councils on religious education), and

• (b) to which subsection (2) below applies.

• (2) This subsection applies to any conference—

• (a) which has not made a recommendation under paragraph 9 or 13(2) of that Schedule, and

• (b) in respect of which the authority have not made a report under paragraph 10 or 13(4) of that Schedule.

• (3) Where a conference is convened (or reconvened) after the commencement of this section, paragraph 2 of that Schedule shall have effect as if at the end of the proviso there were inserted “ and the number of persons appointed to any committee under that sub-paragraph to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area ”.

Duty to constitute new standing advisory council on religious education.

255

• (1) Within six months of the commencement of this section the local education authority shall constitute a new council under section 11 of the Education Reform Act 1988 (standing advisory councils on religious education).

• (2) For the purposes of the constitution required by subsection (1) above (and of any subsequent constitution) that section shall have effect as if at the end of subsection (5) there were inserted “ and the number of members appointed to any representative group under paragraph (a) of that subsection to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area ”.

Reconsideration of agreed syllabus.

256

• (1) For paragraph 12 of the Fifth Schedule to the Education Act 1944 (reconsideration of agreed syllabus) there is substituted—

(12) (1) A local education authority shall cause a conference to be convened at any time required by sub-paragraph (2) or (3) of this paragraph for the purpose of reconsidering any agreed syllabus for the time being adopted by them which was adopted before the appointed day. (2) Where they adopted the syllabus before 29th September 1988, they shall convene a conference within the period of one year beginning with the appointed day. (3) Where they adopted the syllabus on or after 29th September 1988, they shall convene a conference— (a) within the period of five years beginning with the date on which they adopted it, or (b) within the period of one year beginning with the appointed day, whichever is the later. (4) A local education authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after the appointed day); and no such conference shall be convened later than the expiry of the period of five years beginning with the date on or after the appointed day on which— (a) the authority adopted the syllabus, or (b) the authority gave effect to a recommendation under paragraph 13 of this Schedule that the syllabus should continue to be the agreed syllabus. (5) In this paragraph— (a) “appointed day” means the day appointed for the commencement of section 256 of the Education Act 1993, and (b) references to the date on which a local education authority adopt a syllabus include a reference to the date which the Secretary of State directs is to be the date from which a syllabus prepared under paragraph 11 of this Schedule is to be deemed to be the agreed syllabus.

• (2) In paragraph 13 of that Schedule (procedure on reconsideration of agreed syllabus)—

• (a) in sub-paragraph (2), after “agreed syllabus” there is inserted “ and it appears to the local education authority that the syllabus reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain ”, and

• (b) in sub-paragraph (4)—

• (i) “either” is omitted, and

• (ii) after “unanimous agreement” there is inserted—

(aa) the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local education authority consider that sub-paragraph (2) of this paragraph prevents them from giving effect to the recommendation

.

Power of Secretary of State to direct standing advisory council to revoke determination or discharge duty.

257

After section 12 of the Education Reform Act 1988 (determination by advisory councils) there is inserted—

(12A) (1) Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education— (a) have acted, or are proposing to act, unreasonably in determining for the purposes of subsection (1) or (5) of section 12 of this Act whether it is appropriate for the requirement for Christian collective worship to apply in the case of any school or any class or description of pupils at a school, or (b) have failed to discharge any duty imposed under that section, he may give the council such directions as to the revocation of the determination or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions. (2) Directions under subsection (1) above may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them. (3) In this section, “requirement for Christian collective worship” means the requirement imposed by section 7(1) of this Act or, as the case may be, section 138(2) of the Education Act 1993.

Access to meetings and documents of standing advisory council and conference on agreed syllabus of religious education.

258

• (1) This section applies to—

• (a) any conference convened for the purpose set out in paragraph 1 or 12 of the Fifth Schedule to the Education Act 1944 (procedure for preparing and bringing into operation an agreed syllabus of religious education) or section 11(8) of the Education Reform Act 1988 (standing advisory councils on religious education), and

• (b) any standing advisory council constituted under that section of that Act.

• (2) Regulations may make provision—

• (a) for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,

• (b) requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and

• (c) requiring conferences or councils, at such time or times as may be prescribed,

• (i) to make available for inspection, or

• (ii) to provide on payment of such fee as they think fit (not exceeding the cost of supply),

copies of the agendas and reports for such meetings to members of the public.

• (3) Regulations made under subsection (2) above may apply to—

• (a) committees appointed by local education authorities under paragraph 2 of the Fifth Schedule to the Education Act 1944,

• (b) sub-committees appointed by conferences under that Schedule, and

• (c) representative groups on councils appointed under section 12(4) of the Education Reform Act 1988,

as they apply to conferences and councils.

Inspection of religious education.

259

• (1) Section 13 of the Education (Schools) Act 1992 (religious education) is amended as follows.

• (2) For subsections (1) to (3) there is substituted—

(1) It shall be the duty of the governing body of— (a) any voluntary school, or (b) any grant-maintained school, in which denominational education is given to any pupils to secure that that education is inspected under this section. (2) It shall be the duty of the governing body of— (a) any voluntary school, or (b) any grant-maintained school falling within subsection (3) below, to secure that the content of the school’s collective worship is inspected under this section. (3) A grant-maintained school falls within this subsection if— (a) it was a voluntary school immediately before it became grant-maintained, (b) it was established in pursuance of proposals published under section 49 of the Education Act 1993 and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to that Act makes provision as to the religious education for pupils at the school, or (c) it is a school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of that Act. (3A) In this section— (a) “denominational education”, in relation to a school, means any religious education which— (i) is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum, but (ii) is not required by any enactment to be given in accordance with an agreed syllabus, (b) “the required provision for religious education” means the provision for religious education for pupils at the school which is required as mentioned in paragraph (a)(i) above, and (c) references to collective worship are references to collective worship required by section 6 of that Act.

• (3) For subsection (7) there is substituted—

(7) It shall be the general duty of a person conducting an inspection under this section— (a) if the inspection is conducted by virtue of subsection (1) above, to report on the quality of the denominational education provided by the school for pupils to whom denominational education is given by the school, or (b) if the inspection is conducted by virtue of subsection (2) above, to report on the content of the school’s collective worship, and any such person may report on the spiritual, moral, social and cultural development of pupils at the school.

Admissions and exclusions

Arrangements for admissions.

260

• (1) In this section “co-ordinated arrangements for admissions”, in relation to any two or more maintained or grant-maintained schools, means arrangements under an agreement to which this section applies for the purpose of co-ordinating arrangements for admitting pupils to the schools concerned.

• (2) Co-ordinated arrangements for admissions, if—

• (a) contained in an agreement approved by the Secretary of State under this section, or

• (b) made in pursuance of a scheme under this section,

and any provision contained in any other arrangements for admitting pupils to any maintained or grant-maintained school in pursuance of a scheme under this section, shall have effect in the case of any school to which they relate notwithstanding anything in section 6(2) of the Education Act 1980 (parental preferences) or in the instrument or articles of government for the school.

• (3) This section applies to an agreement made in relation to any two or more maintained or grant-maintained schools to which each authority responsible for determining the arrangements for admitting pupils to any of the schools is a party, whether or not any local education authority for any area in which any of the schools are situated is also a party.

• (4) The Secretary of State may make a scheme under this section for the purpose of co-ordinating arrangements, or assisting in the co-ordination of arrangements, for admitting pupils to any maintained or grant-maintained schools to which the scheme applies.

• (5) A scheme under this section may in particular require each authority responsible for determining the arrangements for admitting pupils to any of the schools to which the scheme applies—

• (a) to include in their arrangements for admitting pupils such provisions as may be required by the scheme,

• (b) to secure the making in accordance with the scheme of an agreement for the purpose of co-ordinating arrangements for admitting pupils to the schools to which the scheme applies, or

• (c) to secure the modification in accordance with the scheme of any such agreement to which they are party.

• (6) Before making a scheme under this section the Secretary of State shall, in respect of each school which appears to him to be a school to which the scheme will apply, consult—

• (a) the governing body, and

• (b) in the case of any maintained school, the local education authority.

• (7) A scheme under this section may apply to—

• (a) all schools which for the time being are maintained or grant-maintained schools,

• (b) all schools which for the time being are maintained or grant-maintained schools falling within any category of such schools specified in the scheme, or

• (c) any maintained or grant-maintained school so specified.

• (8) Section 111 of the Education Act 1944 (revocation and variation) applies to a scheme under this section as it applies to directions under that Act.

Restrictions on power to exclude pupils.

261

• (1) The head teacher of any school maintained by a local education authority or grant-maintained school may not—

• (a) exclude a pupil from the school for an indefinite period, or

• (b) so exercise the power to exclude a pupil from the school for one or more fixed periods that the pupil is so excluded for more than fifteen school days in any one term.

• (2) Subsection (1) above has effect, in the case of a school having articles of government, notwithstanding anything in the articles.

• (3) Where, on the day on which this section comes into force, a pupil stands excluded from such a school for an indefinite period—

• (a) he shall be treated as if he had been excluded from the school by the head teacher until the expiry of the period of one month beginning with that day and as if, in the case of a county, controlled or maintained special school, the local education authority had been so informed, and

• (b) any direction given before that day—

• (i) under section 24(c)(ii) or 25(d)(ii) of the Education (No. 2) Act 1986 (pupil to be reinstated within period specified in direction), or

• (ii) by a committee of the governing body of a grant-maintained school to the head teacher under a corresponding provision of the articles of government,

which specifies a period ending later than the expiry of the period of one month beginning with that day shall have effect as if it specified a period ending with that expiry.

• (4) Subsection (1)(b) above does not apply to any exclusion of a pupil which has taken effect before the day on which this section comes into force; but in exercising on or after that day the power referred to in that subsection, account shall be taken of any school days on which the pupil was excluded from the school in the same term in pursuance of one or more exclusions which took effect before that day.

• (5) In this section, “grant-maintained school” includes a grant-maintained special school.

Exclusion of pupils: funding.

262

• (1) Subsection (2) below applies where a pupil is permanently excluded from any school maintained by a local education authority or any grant-maintained school and, in the financial year in which the exclusion first takes effect—

• (a) he is subsequently provided with education at a school maintained by a local education authority, education otherwise than at school provided by such an authority or education at a grant-maintained school, and

• (b) the person accountable for that education (referred to below as “the new provider”) is not the same as the person accountable for the education provided for him immediately before his exclusion (referred to below as “the former provider”).

• (2) The former provider shall pay to the new provider an amount determined in accordance with regulations as the appropriate amount of funding to be transferred to the new provider in respect of that pupil for that financial year.

• (3) Every local education authority shall, where any scheme made by them under section 33 of the Education Reform Act 1988 (financing county and voluntary schools) does not make the provision required by subsection (4) below, exercise their powers to revise the scheme so that it makes such provision.

• (4) The provision required by this subsection, in relation to a local education authority, is—

• (a) provision requiring the authority, where a pupil is permanently excluded from a school and the exclusion first takes effect in a financial year in which the school is required to be covered by the scheme, to reduce the school’s budget share for that year by an amount determined in accordance with regulations as the appropriate amount of funding in respect of that pupil for that year to be subtracted from the school’s budget share, and

• (b) provision requiring the authority, where a pupil admitted to a school in a financial year in which the school is required to be covered by the scheme has been permanently excluded from a school maintained by them or any other local education authority or any grant-maintained school and the exclusion (as well as the admission) first took effect in that year, to allocate for the purposes of the school in that year an amount determined in accordance with regulations as the appropriate amount of funding in respect of that pupil for that year to be allocated for those purposes.

• (5) Expressions used in subsection (4) above and in Chapter III of Part I of the Education Reform Act 1988 have the same meaning in that subsection as in that Chapter.

• (6) Subject to subsection (7) below, for the purposes of this section—

• (a) the local education authority are accountable for education provided at any school maintained by them or education provided by them otherwise than at school, and

• (b) the governing body are accountable for education provided at a grant-maintained school.

• (7) Where a pupil is permanently excluded from any school maintained by a local education authority or grant-maintained school and, in the financial year in which the exclusion first takes effect, the following events subsequently occur—

• (a) he is first provided with education for which a different local education authority or, in the case of exclusion from a grant-maintained school, any local education authority are accountable (referred to below as “the first new provider”) and which is provided in a pupil referral unit or otherwise than at school, and, at any time afterwards

• (b) he is provided with education at a grant-maintained school or for which a local education authority other than the first new provider are accountable,

then, in relation to the education mentioned in paragraph (b) above, the first new provider is to be treated as accountable for the education provided for the pupil immediately before the exclusion first took effect.

• (8) Any dispute as to whether any local education authority or governing body of a grant-maintained school are entitled to be paid any amount under this section by any such other person shall be determined by the Secretary of State.

• (9) For the purposes of this section the permanent exclusion of a pupil does not take effect until—

• (a) any review under the articles of government of the decision to exclude him has been completed, and

• (b) either any time for appealing under section 26 of the Education (No. 2) Act 1986 or those articles has expired without such an appeal being made or such an appeal has been finally concluded.

• (10) In this section, “grant-maintained school” includes a grant-maintained special school.

Information

Provision of information about CTCs and CCTAs.

263

In section 16(7) of the Education (Schools) Act 1992 (power to require governing body of school or local education authority to provide information) after “grant-maintained school” there is inserted—

(aa) the proprietor of any city technology college or city college for the technology of the arts

.

Distribution of information about certain schools by other schools.

264

• (1) Where the governing body of any school providing primary education receive a request which—

• (a) is made by the governing body of any school providing secondary education, and

• (b) relates to the distribution of information about the school providing secondary education to parents of pupils at the school providing primary education without charge to those parents,

the governing body of that school shall secure that the request is treated no less favourably (whether as to services provided or as to the terms on which they are provided) than any such request made by the governing body of any other school providing secondary education.

• (2) In this section, “school” means any maintained school, grant-maintained school or grant-maintained special school.

Distribution of information about further education institutions by schools.

265

• (1) The Secretary of State may by regulations require—

• (a) the governing body of any maintained, grant-maintained or grant-maintained special school which provides secondary education, and

• (b) the proprietor of any city technology college or city college for the technology of the arts,

to provide such persons as may be prescribed with such categories of information falling within subsection (2) below as may be prescribed.

• (2) Information falls within this subsection if it is—

• (a) published under section 50 of the Further and Higher Education Act 1992 (information with respect to institutions within the further education sector), and

• (b) made available to governing bodies and proprietors for distribution.

• (3) Information provided under subsection (1) above shall be provided in such form and manner as may be prescribed.

Appeal committees

Lay members for admission appeal committees.

266

Schedule 16 to this Act (introduction of lay members into certain committees hearing appeals against admission decisions) shall have effect.

Duty to advertise for lay members for appeal committees.

267

• (1) This section applies—

• (a) in the case of an appeal committee constituted in accordance with Part I of Schedule 2 to the Education Act 1980, to the local education authority or governing body of an aided or special agreement school required by section 7 of that Act or section 26 of the Education (No. 2) Act 1986 to make arrangements for enabling appeals to be made to that committee, and

• (b) in the case of an appeal committee constituted for the purposes of paragraph 5(1) of Schedule 6 to this Act, to the governing body of a grant-maintained school required by the articles of government for the school to make arrangements for appeals to that committee.

• (2) The Secretary of State may by regulations require any local education authority or governing body to which this section applies—

• (a) to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal committee required to be constituted for the purposes of arrangements made by that authority or body to apply to the authority or body for appointment as such members, and

• (b) in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority or body in response to an advertisement placed in pursuance of paragraph (a) above.

Indemnity for legal costs and expenses of members of appeal committees.

268

• (1) This section applies—

• (a) in the case of an appeal committee constituted in accordance with Part I of Schedule 2 to the Education Act 1980, to the local education authority or governing body of an aided or special agreement school required by section 7 of that Act or section 26 of the Education (No. 2) Act 1986 to make arrangements for enabling appeals to be made to that committee, and

• (b) in the case of an appeal committee constituted for the purposes of paragraph 5(1) of Schedule 6 to this Act, to the governing body of a grant-maintained school required by the articles of government for the school to make arrangements for appeals to that committee.

• (2) It shall be the duty of any local education authority or governing body to which this section applies to indemnify the members of any appeal committee required to be constituted for the purposes of arrangements made by that authority or body against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that committee.

Investigation by Local Commissioner of decisions of certain appeal committees.

269

In section 25(5) of the Local Government Act 1974 (certain appeal committees to be subject to investigation by Local Commissioner)—

• (a) for “paragraph 1” there is substituted “ paragraphs 1 and 2 ”, and

• (b) at the end there is added “ or for the purposes of paragraph 5 of Schedule 6 to the Education Act 1993 ”.

Admission arrangements for aided etc. schools

Arrangements under section 6(6) of the Education Act 1980: modification or replacement.

270

In section 6 of the Education Act 1980 (under subsection (6) of which governors of an aided or special agreement school may require the local education authority to enter into admission arrangements which override the duty to comply with any expressed parental preference) there is inserted at the end—

(7) If one of the parties to arrangements under subsection (6) above proposes that the arrangements should be modified or replaced by substitute arrangements but the other party does not agree, the party making the proposal may refer the matter to the Secretary of State. (8) On a reference under subsection (7) above, the Secretary of State may— (a) direct that the arrangements shall remain as they are; (b) direct that they shall be modified or replaced as proposed; or (c) direct that they shall be modified in such other manner, or replaced by such other substitute arrangements, as may be specified in the direction. (9) Where the Secretary of State directs as mentioned in subsection (8)(b) or (c) above, the modification or, as the case may be, the substitute arrangements shall have effect, from such date as may be specified in the direction, as if agreed between the parties.

Sponsor governors

Sponsor governors for aided secondary schools.

271

• (1) After section 4 of the Education (No. 2) Act 1986 (governing bodies for aided etc. schools) there is inserted—

(4A) (1) The instrument of government for any aided secondary school shall, if a direction under this section so requires— (a) name as a sponsor of the school a person specified in the direction, and (b) provide for the governing body of the school to include such number of governors appointed by the sponsor, not exceeding four, as is so specified. (2) A direction under this section in respect of a school, other than a direction under subsection (4) or (5) below— (a) may only be given at the request, or with the consent, of the governing body, and (b) may make provision (including the modification of any provision made by or under this Act) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made. (3) A direction under this section varying or revoking a previous direction— (a) may only be made after consulting the governing body, and (b) may make provision (including the modification of any provision made by or under this Act) as to the time by which a new instrument of government is to be made and the consent and consultation which is to be required before it is made. (4) Where proposals approved under section 13 of the Education Act 1980 (establishment and alteration of voluntary schools)— (a) provide for a secondary school to be maintained by the local education authority as a voluntary school, (b) name a person as a sponsor of the school, and (c) provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor, the Secretary of State shall, if he makes an order under section 15 of the Education Act 1944 (classification of schools) directing that the school be an aided school, give a direction under this section for the purpose of implementing the proposals. (5) Where an order under section 54 of this Act directs that a secondary school be an aided school and the proposals published by the governing body under that section— (a) name a person as a sponsor of the school, and (b) provide for the governing body of the school to include a specified number of governors, not exceeding four, appointed by the sponsor, the Secretary of State shall give a direction under this section for the purpose of implementing the proposals. (6) Where the instrument of government for any aided secondary school names two or more persons as sponsors of the school— (a) the number of governors appointed under the instrument by virtue of this section may not exceed four, and (b) the instrument may not provide for any of those governors to be appointed by two or more sponsors acting jointly. (7) Where in pursuance of this section the instrument of government for a school names a person as a sponsor of the school, section 4(3)(a) of this Act shall have effect as if it required the instrument to provide for such number of foundation governors as will lead to their outnumbering the other governors by two. (8) In this section “direction” means a direction contained in an order made by the Secretary of State; but section 63(1) of this Act shall not apply to the power of the Secretary of State to make orders under this section.

• (2) At the end of section 8(2) of that Act (term of office) there is added “ or in the case of governors appointed by a person named in the instrument as a sponsor of the school, for such term (not being less than five nor more than seven years) as may be specified in the instrument. ”

• (3) In section 9 of that Act (grouping)—

• (a) after subsection (1) there is inserted—

(1A) A local education authority may not make such a resolution if the instrument of government of any of the schools names a person as a sponsor of the school unless all the schools are secondary schools

, and

• (b) in subsection (7)(b) after “ such school ” there is inserted “ but the instrument of government does not name any person as a sponsor of the school ”.

Proposals for alteration etc. of schools eligible for grant-maintained status

Power of governing body of county school to propose change of character etc.

272

• (1) This section applies where—

• (a) the governing body of a county school (referred to in this section as the “school proposed for grant-maintained status”) have published proposals for acquisition of grant-maintained status which have not been withdrawn or determined,

• (b) the local education authority have published proposals for the purpose mentioned in section 12(1)(d) of the Education Act 1980 (alteration, etc. of county school) in respect of one or more schools in the area, and

• (c) the governing body of the school proposed for grant-maintained status intend to make a significant change in the character, or significant enlargement of the premises, of the school, being a change or enlargement to be made for the purpose of ensuring consistency in the provision made in the area of the local education authority if the proposals made by the authority are implemented.

• (2) The governing body of the school proposed for grant-maintained status may publish in such manner as may be required by regulations proposals for a significant change in the character, or significant enlargement of the premises, of the school for the purpose mentioned in subsection (1)(c) above.

• (3) Chapter VII of Part II of this Act shall apply in relation to proposals published under this section as it applies in relation to proposals published under section 96 of this Act but—

• (a) as if the governing body of the school proposed for grant-maintained status were the governing body of a grant-maintained school, and

• (b) with the modifications in subsections (4) and (5) below.

• (4) The particulars of the proposals shall not give as the time or any of the times of implementation of the proposals a time earlier than the date of implementation of the proposals for acquisition of grant-maintained status.

• (5) The statement accompanying the proposals shall (in addition to the matters referred to in section 96(5) of this Act)—

• (a) state that the proposals are published in connection with the proposed acquisition of grant-maintained status,

• (b) state the circumstances in which the governing body are authorised under this section to publish such proposals, and

• (c) describe the proposals published by the local education authority in connection with which the proposals under this section are published.

• (6) Expressions used in this section or section 273 of this Act and in Part II of this Act have the same meaning as in that Part.

Power to make and deal with proposals in the case of schools eligible for grant-maintained status.

273

• (1) Before formulating in respect of any school which is eligible for grant-maintained status any proposals for a purpose mentioned in section 12(1)(c) (ceasing to maintain schools) or (d) of the Education Act 1980, the local education authority shall consult the governing body of the school.

• (2) No proposals shall be published undersection 12 or 13 of that Act in respect of any school in respect of which proposals for acquisition of grant-maintained status have been approved; and where the procedure for acquisition of grant-maintained status is pending (within the meaning of Chapter III of Part II of this Act) in respect of any voluntary school, no notice of the governing body’s intention to discontinue the school may be served undersection 14 of the Education Act 1944.

• (3) This subsection applies in any case where either—

• (a) after proposals for acquisition of grant-maintained status have been published in respect of any school which is eligible for grant-maintained status but before those proposals are withdrawn or determined proposals under section 12 or 13 of that Act in respect of the school are first published for the purposes of that section or proposals in respect of the school are published under section 272 of this Act, or

• (b) after proposals under section 12 or 13 of that Act in respect of any such school have first been published for the purposes of that section but before those proposals are withdrawn or determined the governing body of the school publish proposals for acquisition of grant-maintained status for the school.

• (4) In any case where subsection (3) above applies—

• (a) any proposals under section 12 of that Act shall require the approval of the Secretary of State where they would not do so apart from this subsection, and

• (b) the Secretary of State shall consider the proposals under section 12 or 13 of that Act or section 272 of this Act and the proposals for acquisition of grant-maintained status together but shall not determine the proposals under section 12 or 13 of that Act or section 272 of this Act until he has made his determination with respect to the proposals for acquisition of grant-maintained status.

• (5) If in any case where subsection (3) above applies the Secretary of State approves the proposals for acquisition of grant-maintained status—

• (a) where there are proposals under section 12 of that Act, he may approve them if they were made under subsection (1)(d) of that section and the governing body incorporated under section 34 of this Act give their consent, but shall otherwise reject them,

• (b) where there are proposals under section 13 of that Act, he may approve them if they were made for the purpose referred to in section 272(1)(c) of this Act, but shall otherwise reject them, and

• (c) where there are proposals under section 272 of this Act, he may approve them.

• (6) If in any case where subsection (5) above applies proposals under section 12 or 13 of that Act are approved, the proposals shall be treated for the purposes of Part II of this Act as if they had been published under section 96, and approved under section 98, of this Act; and section 99 of this Act shall apply accordingly.

• (7) If subsection (3) above applies in a case where—

• (a) there are proposals under section 272 of this Act, and

• (b) the Secretary of State rejects the proposals for acquisition of grant-maintained status,

the Secretary of State shall reject the proposals under section 272 of this Act.

Local management of schools

Revision of schemes for financing schools maintained by local education authorities.

274

• (1) For section 34(4) of the Education Reform Act 1988 (duty to consult before preparing a scheme) there is substituted—

(4) Before preparing such a scheme a local education authority shall consult— (a) the governing body and the head teacher of every county, voluntary or special school maintained by the authority, (b) the governing body of every grant-maintained school in the area of the authority, and (c) the governing body of every grant-maintained special school which— (i) is established under section 183 of the Education Act 1993 in the authority’s area, or (ii) before becoming a grant-maintained special school was a special school maintained by the authority, but the Secretary of State may, by notice in writing to the authority, dispense with the duty imposed under paragraphs (b) and (c) above in respect of such schools, or class or description of schools, as are specified in the notice.

• (2) For section 35 of that Act (replacement and variation of schemes) there is substituted—

(35) (1) Subject to the following provisions of this section, a local education authority may revise the whole or any part of any scheme made by them under section 33 of this Act. (2) Section 34(2) and (3) of this Act shall apply where the local education authority are preparing any revision under this section as they apply where they are preparing a scheme under section 33 of this Act. (3) Where the local education authority propose to make a significant variation of the scheme— (a) they shall first consult every governing body and head teacher whom they are obliged to consult under section 34(4) of this Act, and (b) they shall then submit a copy of their proposals to the Secretary of State for his approval, and where the proposals are so submitted section 34(5) of this Act shall apply to the scheme as revised as it applies to a scheme prepared under section 33. (4) A revision which does not make a significant variation of the scheme is referred to in this section as a “minor revision”; and the Secretary of State may by order specify what descriptions of variation are to be regarded as significant for the purposes of this section. (5) Where a local education authority propose to revise a scheme and the revision is in their opinion a minor revision, the authority shall give the Secretary of State notice in writing of their proposal, giving brief particulars of the nature of the revision proposed to be made. (6) In any such case the authority shall, if so required by the Secretary of State before the end of the period of two months beginning with the date on which he receives notice under subsection (5) above of the authority’s proposal, send to him a copy of the scheme as proposed to be revised; and it shall be for the Secretary of State to determine whether or not any revision is a minor revision. (7) The Secretary of State may by a direction revise the whole or any part of a scheme made under section 33 of this Act, as from such date as may be specified in the direction. (8) Before giving such a direction the Secretary of State shall consult the local education authority concerned and such other persons as he thinks fit.

• (3) In section 40(2) of that Act (initial implementation), after “the scheme” there is inserted “ as first made under section 33 of this Act ”.

• (4) In section 51(2)(a)(i) (interpretation), after “Act” there is inserted “ as from time to time revised under section 35 of this Act ”.

• (5) In the case of a scheme made before the commencement of this section, subsection (3) above shall not have effect so as to alter the date which, immediately before commencement, is the date by reference to which the beginning of the initial period of the scheme is determined to an earlier date.

Publication and auditing of financial statements.

275

• (1) In section 42 of the Education Reform Act 1988 (publication of schemes and financial statements etc.)—

• (a) in subsection (4), paragraphs (f) to (i) are omitted,

• (b) subsection (5)(b) is omitted,

• (c) in subsection (6) after “with respect to” there is inserted—

(aa) the planned financial provision in that year specified in the statement prepared by the authority under subsection (3) above

, and

• (d) for subsection (8) there is substituted—

(8) The authority shall furnish— (a) the governing body of each school required to be covered by the scheme in any financial year, and (b) the governing bodies of such grant-maintained schools in the authority’s area and grant-maintained special schools mentioned in section 34(4)(c) of this Act as may be prescribed, with a copy of each statement prepared by the authority under this section in relation to that year or, in such circumstances as may be prescribed, with such part or parts of it as may be prescribed.

• (2) After that section there is inserted—

(42A) (1) This section applies where in the case of any local education authority the authority’s financial provision for county and voluntary schools is subject to regulation by a scheme. (2) Any such local education authority shall, if directed to do so by the Secretary of State, require the Audit Commission for Local Authorities and the National Health Service in England and Wales to make arrangements in accordance with section 29(1)(d) of the Local Government Finance Act 1982 for certifying such statement or statements prepared by the authority under section 42 of this Act as may be specified in the directions; and any statement under that section shall be treated for the purposes of section 29(1)(d) of that Act as a return by the authority. (3) The arrangements made by the Audit Commission in pursuance of subsection (2) above shall include arrangements for sending a copy of any such statement or statements as so certified to the Secretary of State. (4) Directions given under subsection (2) above may relate to any local education authority or to local education authorities generally or to any class or description of such authorities.

• (3) In Schedule 4 to that Act (financing of new schools) in paragraph 2, sub-paragraphs (3)(b) and (c) and (4)(b) and (c) are omitted.

Application of schemes to special schools.

276

For section 43 of the Education Reform Act 1988 (application of schemes to special schools) there is substituted—

(43) (1) The Secretary of State may by regulations require or authorise schemes to cover special schools maintained by local education authorities. (2) Sections 39(1) and (10) and 40 of this Act shall not apply to schools required to be covered by a scheme by virtue of regulations under subsection (1) above. (3) Regulations under subsection (1) above may require or authorise schemes to include provision for requiring the delegation by the local education authority concerned to the governing body of the school of the management of the school’s budget share for the year— (a) in the case of all schools required to be covered by a scheme in any financial year by virtue of the regulations; or (b) in the case of such schools required to be covered by a scheme in any financial year by virtue of the regulations as the Secretary of State may direct. (4) The Secretary of State may by regulations— (a) make in any provisions of this Chapter such amendments as appear to him to be required in consequence of any provision made in regulations under subsection (1) above; and (b) provide that any scheme shall have effect with such modifications as appear to him to be appropriate in consequence of any provision so made.

School leaving date

Compulsory school age.

277

• (1) Subsections (2) and (3) below apply to determine for the purposes of any enactment whether a person is of compulsory school age.

• (2) A person begins to be of compulsory school age when he attains the age of five years.

• (3) A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year if—

• (a) he attains the age of sixteen years after that day but before the beginning of the school year next following,

• (b) he attains that age on that day, or

• (c) subject to paragraph (a) above, if that day is the school leaving date next following his attaining that age.

• (4) The Secretary of State may by order determine the day in any calendar year which is to be the school leaving date for that year.

Local education authority finance

Grants for education support and training.

278

• (1) Section 1 of the Education (Grants and Awards) Act 1984 (education support grants) is amended as follows.

• (2) For “education support grants” and “education support grant”, in each place where one of those expressions appears, there is substituted “ grants for education support and training ” or, as the case may be, “ grant for education support and training ”.

• (3) In subsection (3)(b) “not exceeding 70 per cent. of the expenditure so approved” is omitted.

• (4) After subsection (4) there is inserted—

(4A) Conditions and requirements determined under subsection (4)(b) and (c) above may include conditions and requirements obliging the local education authority to delegate decisions about the spending of— (a) grant for education support and training, and (b) amounts allocated by the authority to meet prescribed expenditure which is approved by the Secretary of State, to such persons as may be determined by or in accordance with the regulations.

• (5) In section 3 of that Act (regulations), subsections (2) and (5) and, in subsection (3), the words “not being regulations to which subsection (2) above applies” are omitted.

• (6) In section 50(1) of the Education (No. 2) Act 1986 (grants for teacher training, etc.)—

• (a) for “local education authorities and other persons” there is substituted “ persons other than local education authorities ”, and

• (b) for the words from the end of paragraph (a) to the end of the subsection there is substituted—

and (b) such other classes of person as may be prescribed

.

Inter-authority recoupment.

279

• (1) In section 51 of the Education (No. 2) Act 1986 (recoupment), for subsections (1) to (4) there is substituted—

(1) The Secretary of State may by regulations provide, in relation to cases where any provision for education to which this section applies is made by a local education authority in respect of a person who belongs to the area of another such authority, for requiring or authorising the other authority to pay to the providing authority— (a) such amount as the authorities may agree; or (b) failing agreement, such amount as may be determined by or under the regulations. (2) This section applies to primary, secondary and further education and to part-time education for those who have not attained the age of five years. (3) The regulations may provide for the amounts payable by one authority to another— (a) to reflect the whole or any part of the average costs incurred by local education authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas); and (b) to be based on figures for average costs determined by such body or bodies representing local education authorities, or on such other figures relating to costs so incurred, as the Secretary of State considers appropriate. (4) The regulations may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined by the Secretary of State.

• (2) In section 63 of that Act (orders and regulations)—

• (a) in subsection (2) after “section” there is inserted “ 51 or ”, and

• (b) after that subsection there is inserted—

(2A) No regulations may be made under section 51 of this Act unless a draft has been laid before and approved by resolution of each House of Parliament.

Charges in maintained schools

Musical instrument tuition.

280

In section 106(3) of the Education Reform Act 1988 (exceptions from the prohibition of charges in maintained schools) for paragraph (a) there is substituted—

(a) tuition in playing any musical instrument, where the tuition is provided either individually or to a group of no more than four pupils; or

.

Assistance for voluntary schools

Grants by Secretary of State in respect of aided and special agreement schools.

281

• (1) The Secretary of State may—

• (a) in the case of any aided school or special agreement school, or

• (b) where proposals have been approved under section 13 of the Education Act 1980 (establishment etc. of voluntary schools) for a school or proposed school to be maintained as a voluntary school and the Secretary of State has made an order under section 15 of the Education Act 1944 (classification of schools) directing that the school be an aided school,

make grants to the governing body in respect of expenditure falling within subsection (2) below incurred by them.

• (2) The expenditure referred to in subsection (1) above is expenditure in respect of the provision, alteration or repair of premises or equipment for the school or proposed school.

• (3) The amount of any grant paid under this section to the governing body in respect of any such expenditure—

• (a) shall not exceed 85 per cent. of the expenditure, and

• (b) in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations.

• (4) The times at which, and the manner in which, payments are made in respect of grant under this section shall be such as may be determined from time to time by the Secretary of State.

• (5) Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this section to make grants in respect of expenditure on—

• (a) such alterations to school buildings as are referred to in section 15(3)(a) of the Education Act 1944 (alterations required by local education authority in order to comply with prescribed standards), and

• (b) the repair of school buildings,

give priority to paying grant in respect of expenditure which is necessary for the performance by governing bodies of their duties; and the amount of any grant paid in the exercise of that power in respect of such expenditure on the repair of school buildings shall be 85 per cent. of the expenditure.

• (6) A governing body to whom any payment is made in respect of grant under this section shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

• (7) Such requirements—

• (a) may be imposed on or at any time after the making of any payment by reference to which they are imposed, and

• (b) may at any time be waived, removed or varied by the Secretary of State.

• (8) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.

• (9) That amount is—

• (a) the amount of the payments made in respect of the grant under this section, or

• (b) so much of the value of any premises or equipment in respect of which grant was paid under this section as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

• (10) No such requirement as is referred to in subsection (8) above may be imposed where any payment is made in respect of grant under this section if—

• (a) the grant is made in respect of the provision, alteration or repair of premises for a school or proposed school, and

• (b) any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

• (11) No grant may be paid under this section—

• (a) in respect of any expenses incurred in the provision of any premises which it is the duty of the local education authority to provide, or

• (b) in the case of a special agreement school, in respect of expenses incurred in the execution of proposals to which the special agreement relates or of repairs or alterations for the execution of which provision is made by the agreement.

• (12) In relation to a proposed school, the references in this section to the governing body, in relation to any time before such a body are constituted, are to the persons who propose to establish the school; and where requirements are imposed in relation to grant paid under this section to such persons, the governing body, when they are constituted, as well as those persons shall comply with the requirements.

• (13) In this section “repair” does not include repair falling within section 15(3)(b) of the Education Act 1944 (repair for which governing body are not responsible).

Power of LEA to assist governors of aided or special agreement school.

282

• (1) A local education authority may give to the governors of an aided or special agreement school such assistance as the authority think fit in relation to the carrying out by the governors of any obligation under—

• (a) section 15(3)(a) of the Education Act 1944 (duty to defray certain maintenance expenses),

• (b) paragraph 2 of the First Schedule to the Education Act 1946 (duty to defray expenses of providing school buildings on site to which school transferred under section 16 of the Education Act 1944), or

• (c) section 13(5) of the Education Act 1980 (duty to implement proposal to alter, etc. school).

• (2) In section 15 of the Education Act 1944, after subsection (4) there is inserted—

(4A) For the purposes of subsection (4) of this section, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under subsection (3)(a) of this section if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).

• (3) In section 90 of the Education Act 1944 (compulsory purchase of land by local education authority) after subsection (1) there is inserted—

(1A) The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).

• (4) In paragraph 2 of the First Schedule to the Education Act 1946, the existing provision becomes sub-paragraph (1) and after that sub-paragraph there is inserted—

(2) For the purposes of paragraph (c) of sub-paragraph (1) of this paragraph, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under this paragraph if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).

Power of LEA to assist promoters of voluntary school.

283

A local education authority may give to persons required under section 13(5) of the Education Act 1980 to implement proposals involving the establishment of a school such assistance as the authority think fit in relation to the carrying out by those persons of their obligations under that provision.

Duty to convey interest in premises provided under section 282(1) or 283.

284

• (1) Where assistance under section 282(1) or 283 of this Act consists of the provision of any premises for use for the purposes of a school, the local education authority shall convey their interest in the premises to the trustees of the school to be held on trust for the purposes of the school.