Legalize / United Kingdom / Public General Act

Education Act 1993 (repealed)

Type Public General Act

Publication 1993-07-27

Last updated 1996-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(iii) if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b) below, or

(iv) if the parent has appealed to the Tribunal under section 170 of this Act or this paragraph, the date when the appeal is concluded,

whichever is the later.

(2) The local education authority shall comply with the request unless—

(a) the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

(b) the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

(3) Where the local education authority determine not to comply with the request—

(a) they shall give notice of that fact and of the effect of paragraph (b) below to the parent of the child, and

(b) the parent of the child may appeal to the Tribunal against the determination.

(4) On the appeal the Tribunal may—

(a) dismiss the appeal, or

(b) order the local education authority to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.

(5) Regulations may provide that, where a local education authority are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

(6) Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.

Procedure for amending or ceasing to maintain a statement

9

(1) A local education authority may not amend, or cease to maintain, a statement except in accordance with paragraph 10 or 11 below.

(2) Sub-paragraph (1) above does not apply where the local education authority—

(a) cease to maintain a statement for a child who has ceased to be a child for whom they are responsible,

(b) amend a statement in pursuance of paragraph 8 above,

(d) amend a statement in pursuance of directions under section 197 of this Act.

10

(1) Before amending a statement, a local education authority shall serve on the parent of the child concerned a notice informing him—

(a) of their proposal, and

(b) of his right to make representations under sub-paragraph (2) below.

(2) A parent on whom a notice has been served under sub-paragraph (1) above may, within the period of fifteen days beginning with the date on which the notice is served, make representations to the local education authority about their proposal.

(3) The local education authority—

(a) shall consider any representations made to them under sub-paragraph (2) above, and

(b) on taking a decision on the proposal to which the representations relate, shall give notice in writing to the parent of their decision.

(4) Where a local education authority make an amendment under this paragraph to the description in a statement of the authority’s assessment of a child’s special educational needs or to the special educational provision specified in a statement, they shall give notice in writing to the parent of his right under section 170(1) of this Act to appeal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact.

(5) A local education authority may only amend a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (1) above.

11

(1) A local education authority may cease to maintain a statement only if it is no longer necessary to maintain it.

(2) Where the local education authority determine to cease to maintain a statement—

(a) they shall give notice of that fact and of the effect of paragraph (b) below to the parent of the child, and

(b) the parent of the child may appeal to the Tribunal against the determination.

(3) On an appeal under this paragraph the Tribunal may—

(a) dismiss the appeal, or

(b) order the local education authority to continue to maintain the statement in its existing form or with such amendments of the description in the statement of the authority’s assessment of the child’s special educational needs or the special educational provision specified in the statement, and such other consequential amendments, as the Tribunal may determine.

(4) Except where the parent of the child appeals to the Tribunal under this paragraph, a local education authority may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2) above.

SCHEDULE 11

Constitution of governing body and conduct of school

1

(1) For every governing body of a grant-maintained special school there shall be—

(a) an instrument (to be known as the instrument of government) providing for the constitution of the governing body, and

(b) an instrument (to be known as the articles of government) in accordance with which the school is to be conducted.

(2) The instrument and articles of government—

(a) shall comply with any requirements imposed by or under Part III of this Act, and

(b) may make any provision authorised by or under that Part to be made and such other provision as may be necessary or desirable.

(3) Subject to any express provision of the instrument or articles of government, the school shall be conducted in accordance with any trust deed relating to it.

Initial instruments and articles of government

2

(1) The initial instrument of government for the governing body of a grant-maintained special school, and the initial articles of government for such a school, shall be such as are prescribed.

(2) The initial instrument of government shall have effect as from the incorporation date.

(3) The initial articles of government shall have effect as from the date of implementation of the proposals made under section 183(3)(a) or 186 of this Act but, in the case of a governing body incorporated in pursuance of proposals made under section 183(3)(a) of this Act, such of the articles as may be prescribed shall have effect as from the incorporation date.

Subsequent instruments of government

3

(1) The Secretary of State may—

(a) if the governing body of a grant-maintained special school submit a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and

(b) if such a governing body submit draft modifications of an instrument made under paragraph (a) above, by order modify the instrument concerned in terms of the draft or in such terms as he thinks fit,

but shall not make a new instrument otherwise than in the terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the governing body.

(2) The Secretary of State may by order modify the instrument of government for the governing body of any grant-maintained special school.

(3) An order under sub-paragraph (2) above—

(a) may relate to all grant-maintained special schools, to any category of such schools specified in the order or to any such school so specified, but

(b) shall not be made unless the Secretary of State has consulted the governing body of each grant-maintained special school to which the order relates.

(4) Where, by reason of the making of a new instrument, or the modification of an instrument, under this paragraph, the number of governors of any category will (unless the required number of governors of that category resign) exceed the number provided for in the instrument, the new instrument or, as the case may be, the instrument as modified shall provide—

(a) for such number of governors of that category as is required to eliminate the excess to cease to hold office, and

(b) for the selection of those who are to cease to hold office.

Subsequent articles of government

4

(1) The governing body of a grant-maintained special school may, with the consent of the Secretary of State—

(a) make new articles of government in place of the existing articles for the school, or

(b) modify the existing articles for the school.

(2) The Secretary of State may by a direction under this paragraph require the governing bodies of grant-maintained special schools or any class of such schools specified in the direction or the governing body of any particular grant-maintained special school so specified to modify their articles of government in any manner so specified.

(3) Before giving a direction under this paragraph, the Secretary of State shall consult the governing body or (as the case may be) each governing body to which the direction applies.

Parent governors

5

(1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include not less than three nor more than five parent governors.

(2) Subject to sub-paragraph (5) below, the parent governors—

(a) in the case of a school not established in a hospital, shall be elected by persons who are registered parents of registered pupils at the school, and

(b) in the case of a school so established, shall be appointed by the other members of the governing body.

(3) To qualify for such election a person must himself when he is elected be a registered parent of a registered pupil at the school; and to qualify for appointment under sub-paragraph (2)(b) above a person must when he is appointed be such a parent or, if that is not reasonably practicable, a parent of one or more children of compulsory school age.

(4) The instrument shall provide for each parent governor to hold office for a term of four years.

(5) In the case of a school not established in a hospital, the instrument shall provide that if—

(a) one or more vacancies for parent governors are required to be filled by election, and

(b) the number of parents standing for election as parent governors is less than the number of vacancies,

the required number of parent governors shall be made up by persons appointed by the other members of the governing body.

(6) The instrument shall require governors, in appointing a person under a provision made by virtue of sub-paragraph (5) above—

(a) to appoint a person who is the registered parent of a registered pupil at the school, where it is reasonably practicable to do so, and

(b) where it is not, to appoint a person who is the parent of one or more children of compulsory school age with special educational needs or, if that also is not reasonably practicable, a person who is the parent of a person of any age with special educational needs.

Teacher governors

6

(1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include either one or two teacher governors.

(2) Each teacher governor shall be elected by persons who are teachers at the school.

(3) To qualify for such election, a person must himself when he is elected be a teacher at the school.

(4) The instrument shall provide for each teacher governor to hold office for a term of four years.

Head teacher

7

The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include (as a governor ex officio) the person who is for the time being the head teacher.

First governors

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(1) The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include first governors.

(2) The instrument shall provide for such number of first governors as will secure that they outnumber the other governors.

(3) The instrument—

(a) shall require—

(i) that, where it is reasonably practicable, at least two of the first governors shall be (on the date or dates on which they respectively take office) parents of registered pupils at the school, and

(ii) that at least two of the first governors shall be persons with experience of education for those with special educational needs,

but one person may satisfy both requirements, and

(b) shall require the governing body, in appointing first governors, to secure that those governors include a person appearing to them to be a member of the local business community (and such a person may also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).

(4) The instrument shall provide for the first governors to be appointed by the governing body from among persons who appear to the governing body to be committed to the good government and continuing viability of the school.

(5) The instrument shall provide for first governors to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

(6) A person who is a member of the teaching or other staff at the school shall be disqualified for holding office as a first governor.

(7) References in this paragraph to governors other than first governors do not include sponsor governors.

Power of Secretary of State to replace first governors

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(1) The instrument of government for the governing body of a grant-maintained special school shall provide for the Secretary of State to have power, where any of sub-paragraphs (2) to (4) below apply, to replace all or any of the first governors.

(2) This sub-paragraph applies where the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any requirement imposed by or under any enactment.

(3) This sub-paragraph applies where—

(a) there is a report of an inspection of the school in which the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school under Chapter I of Part V of this Act, he did not express the opinion in the report that special measures were not required to be taken in relation to the school, and

(d) the Secretary of State has received a statement prepared under section 210 of this Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;

and expressions used in this sub-paragraph and in that Part have the same meaning as in that Part.

(4) This sub-paragraph applies where in the opinion of the Secretary of State any action taken or proposed by the governing body of the school, or any failure of the governing body to act, is prejudicial to the provision of education by the school.

(5) The instrument of government for a grant-maintained special school shall enable the Secretary of State to make such provision as he thinks fit for filling vacancies for first governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.

(6) Any provision made by the instrument of government in pursuance of paragraph 8(3) above shall not apply for the purposes of the appointment by virtue of this paragraph of any first governor.

10

The instrument of government for the governing body of a grant-maintained special school which provides secondary education may—

(a) name a person as a sponsor of the school, and

(b) provide for the governing body to include such number of sponsor governors, not exceeding four, as is specified in the instrument.

Additional governors

11

(1) The instrument of government for the governing body of a grant-maintained special school shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of the school.

(2) The instrument shall enable the governing body, during any period when any additional governors appointed by the Secretary of State by virtue of sub-paragraph (1) above are in office, to appoint a number of additional first governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.

(3) Any additional first governor appointed in pursuance of such a provision is to hold office for such term (not being more than five years) as may be specified in the terms of his appointment.

Powers

12

Section 68 of this Act shall have effect in relation to the governing body of a grant-maintained special school with such modifications as may be prescribed.

Transitory provisions

13

Regulations may modify the provisions of paragraphs 5 to 12 above in relation to—

(a) the initial instrument of government, or

(b) governors holding office, elected or appointed, before the date of implementation of the proposals in pursuance of which the governing body are constituted.

General application of enactments

14

In relation to any governing body incorporated in pursuance of proposals under section 183(3)(a) or 186 of this Act or any school conducted or formerly conducted by such a governing body, regulations may provide for any provision of—

(a) Schedules 5 and 6 to this Act,

(b) Chapters VI, VII, VIII and X of Part II of this Act, and

(c) any other enactment (not contained in Part II of this Act) relating to grant-maintained schools or maintained special schools (or schools including such schools),

to have effect with or without modification.

SCHEDULE 12

Supplementary powers

1

(1) Subject to sub-paragraph (2) below and to the articles of government of any school they conduct, an education association may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(d) accepting gifts of money, land or other property.

(2) An education association shall not borrow money except money lent under section 92 of this Act.

(3) The power to dispose of land mentioned in sub-paragraph (1)(a) above—

(a) does not include power to grant any mortgage, charge or other security in respect of any land, and

(b) may only be exercised with the written consent of the Secretary of State.

Tenure of members

2

(1) A person shall hold and vacate office as a member of an education association in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member of an education association.

3

If the Secretary of State is satisfied that a member of an education association—

(a) has been absent from meetings of the association for a period longer than six consecutive months without the permission of the association, or

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

the Secretary of State may by notice in writing to that member remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

4

(1) The Secretary of State may—

(a) pay to the members of an education association such salaries or fees, and such travelling, subsistence or other allowances, as he may determine, and

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

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

(3) A determination of the Secretary of State under this paragraph requires the approval of the Treasury.

Committees

5

(1) An education association may establish a committee for any purpose.

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

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

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

Delegation of functions

6

An education association may authorise the chairman or any committee established by them under paragraph 5 above to exercise such of their functions as they may determine.

Proceedings

7

The validity of any proceedings of an education association or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

8

Subject to the preceding provisions of this Schedule, an education association may regulate their own procedure and that of any of their committees.

Application of seal and proof of instruments

9

The application of the seal of an education association shall be authenticated by the signature—

(a) of the chairman or of some other person authorised either generally or specifically by the association to act for that purpose, and

(b) of one other member.

10

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

SCHEDULE 13

Property, rights and liabilities

1

On the incorporation under section 238(1) of this Act of a governing body (“the new governing body”) constituted under an instrument of government for two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986—

(a) all land and other property which, immediately before the date of incorporation, was property of the governing body of any of those schools used or held for the purposes of the school in question, and

(b) all rights and liabilities of the governing body of any of those schools subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body.

2

On the incorporation under section 238(1) of this Act of a governing body (“the new governing body”) for a school which, immediately before the incorporation date, was conducted by a temporary governing body constituted under arrangements made under section 12 of that Act—

(a) all land and other property which, immediately before the date of incorporation, was property of the temporary governing body used or held for the purposes of the school, and

(b) all rights and liabilities of the temporary governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body.

Contracts of employment

3

Without prejudice to the generality of the provisions of section 238 of this Act and paragraphs 1 and 2 above, where those provisions effect a transfer of rights and liabilities under a contract of employment—

(a) the contract shall have effect from the date of incorporation as if originally made between the employee and the incorporated governing body, and

(b) without prejudice to paragraph (a) above, anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the incorporated governing body,

but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by those provisions.

School premises

4

(1) Section 22 of the Education Act 1944 (powers of local education authority as to use and care of premises of voluntary schools) is amended as follows.

(2) At the end of subsection (3) (premises to be under the control of the governing body, subject to any directions of the local education authority etc.) there is added “ except to the extent provided by any transfer of control agreement into which they may enter under subsection (3A) of this section. ”

(3) After that subsection there is inserted—

(3A) Subject to subsection (3B) below the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and— (a) they may do so notwithstanding that the trust deed for the school would, apart from this subsection, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but (b) they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would obtain if control were being exercised by the governing body. (3B) The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision. (3C) A transfer of control agreement shall be taken to include the following terms, namely— (a) that the governing body shall notify the controlling body of— (i) any directions given to the governing body by virtue of subsection (1) or (2) of this section; and (ii) any determination made by the foundation governors under subsection (1) of this section; (b) that the controlling body, in exercising control of the use of any premises subject to the agreement— (i) shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a) of this subsection; and (ii) shall have regard to the desirability of the premises being made available for community use; and (c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then— (i) the use of the specified premises at those times shall be under the control of the governing body; and (ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice, notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body. (3D) Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (3C) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph. (3E) Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of subsection (3C)(a) of this section.

(4) For subsection (5) (which provides that, where the trust deed provides for any person other than the governing body being entitled to control the occupation and use of the school premises, the section shall have effect with the substitution for references to the governors of references to that person) there is substituted—

(5) Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that, disregarding any transfer of control agreement, the use of those premises is or would be under the control of such a person, this section shall have effect in relation to the school with the substitution for references to the governing body of references to that person.

(5) After that subsection there is inserted—

(6) In this section— - “community use” means the use of school premises (when not required by or in connection with the school) by members of the local community; - “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question; - “school hours” means any time during a school session or during a break between sessions on the same day; - “school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of the Education (No. 2) Act 1986; and - “transfer of control agreement” means an agreement which, subject to subsection (3C) of this section, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.

(6) In subsections (1) to (3) and (4), for “the governors” in each place there is substituted “ the governing body ”.

5

For section 42 of the Education (No. 2) Act 1986 (which requires the articles of government of every county or maintained special school to provide for the use of the school premises outside school hours to be under the control of the governing body, subject to directions given by the local education authority) there is substituted—

(42) (1) The articles of government for every county and maintained special school shall provide— (a) for the use of the school premises outside school hours to be under the control of the governing body except to the extent provided by any transfer of control agreement into which they may enter by virtue of paragraph (c) below; (b) for the governing body in exercising control of the use of the school premises outside school hours— (i) to comply with any directions given to them by the local education authority by virtue of this sub-paragraph; and (ii) to have regard to the desirability of the premises being made available for community use; (c) for the governing body to have power to enter into a transfer of control agreement if their purpose, or one of their purposes, in doing so is to promote community use of the school premises outside school hours; and (d) for the governing body so far as reasonably practicable to secure, where they enter into a transfer of control agreement, that the controlling body exercises control in accordance with any directions given to the governing body by virtue of paragraph (b)(i) above. (2) A transfer of control agreement shall be taken to include the following terms, namely— (a) that the governing body shall notify the controlling body of any directions given to the governing body by virtue of subsection (1)(b)(i) above; (b) that the controlling body, in exercising control of the use of any premises subject to the agreement— (i) shall do so in accordance with any directions from time to time notified to that body in pursuance of paragraph (a) above; and (ii) shall have regard to the desirability of the premises being made available for community use outside school hours; and (c) that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then— (i) the use of the specified premises at those times shall be under the control of the governing body, and (ii) accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice, notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body. (3) Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (2) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph. (4) In this section— - “community use” means the use of school premises (when not required by or in connection with the school) by members of the local community; - “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question; - “school hours” means any time during a school session or during a break between sessions on the same day, and “outside school hours” shall be construed accordingly; - “school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of this Act; and - “transfer of control agreement” means an agreement which, subject to subsection (2) above, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times outside school hours as may be so specified, of such body or person as may be so specified.

School premises: pre-commencement agreements

6

(1) This paragraph applies in any case where—

(a) at any time before the appointed day, the governing body of a voluntary school entered, or purported to enter, into a transfer of control agreement (the “relevant agreement”),

(b) the school is a voluntary school on that day, and

(c) on that day the procedure for acquisition of grant-maintained status is not for the time being pending (as defined in section 40 of this Act) or, if it is, proposals for acquisition of grant-maintained status (within the meaning of Part II of this Act) are not approved.

(2) Any question arising as to the validity of the relevant agreement at any time on or after the appointed day shall be determined as if, at the time when the governing body entered, or purported to enter, into the agreement (and at all times thereafter), section 22 of the Education Act 1944 had had effect with the amendments made by paragraph 4 above.

(3) As from the appointed day, section 22 of that Act shall have effect in relation to the relevant agreement with the amendments made by paragraph 4 above, except that subsection (3D) shall so have effect with the substitution for the words “if, at the time of entering into it, the governors were of the opinion that” of the words “ if and to the extent that ”.

(4) In their application with respect to any time before the coming into force of paragraph 6 of Schedule 1 to the Education Act 1980 (which removed certain references to the managers or foundation managers) the provisions of this paragraph (other than this sub-paragraph) and the amendments made by paragraph 4 above shall have effect—

(a) as if any reference to the governing body of a school included a reference to the managers of the school, and

(b) as if any reference to the foundation governors of the school included a reference to the foundation managers of the school.

(5) In its application with respect to any time before the coming into force of section 21 of the Education (No. 2) Act 1986, as originally enacted, the subsection (6) inserted into section 22 of the Education Act 1944 by paragraph 4 above shall have effect with the omission of the definition of “school session”, which expression shall accordingly be given the meaning that it would have had at that time.

(6) Nothing in this Schedule shall be taken to imply that the relevant agreement would not have been valid at any time apart from this paragraph.

(7) Expressions used in this paragraph and in section 22 of the Education Act 1944, as amended by paragraph 4 above, have the same meaning in this paragraph as they have in that section as so amended.

7

(1) This paragraph applies in any case where—

(a) at any time before the appointed day, the governing body of a county or maintained special school entered, or purported to enter, into a transfer of control agreement (the “relevant agreement”),

(b) the school is a county school or, as the case may be, a maintained special school on the appointed day, and

(c) on that day the procedure for acquisition of grant-maintained status is not for the time being pending (as defined in section 40 of this Act) or, if it is, proposals for acquisition of grant-maintained status (within the meaning of Part II of this Act) are not approved.

(2) Any question arising as to the validity of the relevant agreement at any time on or after the appointed day shall be determined as if, at the time when the governing body entered, or purported to enter, into the agreement (and at all times thereafter)—

(a) the Education (No. 2) Act 1986 had had effect with the substitution, for section 42, of the section 42 set out in paragraph 5 above, and

(b) the articles of government for the school had included the provision required by the section 42 so substituted.

(3) As from the appointed day, section 42 of that Act, as substituted by paragraph 5 above, shall have effect in relation to the relevant agreement, except that subsection (3) shall so have effect with the substitution for the words “if, at the time of entering into it, the governing body were of the opinion that” of the words “ if and to the extent that ”.

(4) Nothing in this Schedule shall be taken to imply that the relevant agreement would not have been valid at any time apart from this paragraph.

(5) Expressions used in this paragraph and in section 42 of that Act, as substituted by paragraph 5 above, have the same meaning in this paragraph as they have in that section as so substituted.

Dissolution and discontinuance

8

(1) A governing body incorporated under section 238 of this Act are dissolved by virtue of this paragraph—

(a) if the school they conduct is discontinued,

(b) where the school becomes a grant-maintained school or grant-maintained special school, when the local education authority cease to maintain the school, or

(2) Where such a governing body conduct two or more schools, sub-paragraph (1) above applies when, in relation to each of the schools, paragraph (a), (b) or (c) is satisfied.

9

(1) Where such a governing body are to be dissolved by reason of—

(a) the discontinuance of the county, voluntary or maintained special school which they conduct, or

(b) in the case of a governing body conducting two or more such schools, the discontinuance of each such school conducted by them,

they shall have power to transfer any land or other property of theirs which is used or held for the purposes of the school to any person who provides education.

(2) Where such a governing body are so dissolved—

(a) any such land or property for which no provision has been made under sub-paragraph (1) above for transfer, and

(b) all rights and liabilities of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school in question,

shall be transferred to and, by virtue of this Act, vest in the local education authority.

(3) Sub-paragraphs (1) and (2) above do not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

10

(1) This paragraph applies where such a governing body dissolved by virtue of paragraph 8 above are the governing body of two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986.

(2) Where none of the schools in the group are discontinued, then in the case of each school formerly a member of the group—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

(3) An order made by virtue of sub-paragraph (2) above may provide that—

(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of the schools in the group, and

(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

(4) Where not all of the schools in the group are discontinued, then in the case of each school formerly a member of the group which is not discontinued—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

(5) An order made by virtue of sub-paragraph (4) above may provide that—

(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of any school which is to be discontinued or the schools in the group, and

(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

(6) Sub-paragraph (5) above does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

11

(1) This paragraph applies in relation to the governing body of two or more schools grouped in pursuance of a resolution under section 9 of the Education (No. 2) Act 1986.

(2) Where one or more schools conducted by the governing body are discontinued but the governing body are not dissolved by reason of the discontinuance, then in the case of each school formerly a member of the group which is discontinued—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be held by the governing body for the purposes of the schools in the group.

(3) Sub-paragraph (2) above does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

(4) Where, in the case of one or more schools conducted by the governing body, new governing bodies are constituted under the Education (No. 2) Act 1986 to conduct those schools but the governing body are not dissolved by reason of the constitution of such bodies, then in the case of each school formerly a member of the group—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

12

For the purposes of this Schedule, references to the discontinuance of a school are—

(a) to its discontinuance under section 14 of the Education Act 1944 (discontinuance by governors of voluntary schools), or

(b) to the local education authority ceasing to maintain it in accordance with proposals under section 12 of the Education Act 1980 (discontinuance of county or voluntary schools) or section 183 of this Act.

General

13

(1) Where personal data are transferred under section 238(3) of this Act to a governing body incorporated by virtue of that section—

(a) any entry made in respect of the governing body constituted immediately before the appointed day as a data user in the register maintained under section 4 of the Data Protection Act 1984, or

(b) any application for registration as a data user made by that body under section 6 of that Act,

shall have effect as if it were made in respect of or, as the case may be, by the governing body so incorporated.

(2) Expressions used in sub-paragraph (1) above and in that Act shall have the same meaning in that sub-paragraph as in that Act.

14

Where a transfer under section 238 of this Act or this Schedule 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.

15

Paragraphs 6 to 8 of Schedule 10 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers effected by section 238 of this Act or this Schedule as they apply to transfers to which that Schedule applies.

SCHEDULE 14

Status

1

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

Powers

2

(1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

(2) In particular, the Authority may—

(a) acquire or dispose of land or other property,

(b) enter into contracts,

(d) invest any sums not immediately required for the purpose of carrying out their functions,

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

(f) borrow money.

3

(1) The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.

(2) The Authority may give assistance under this paragraph on such terms, including terms as to payment, as they may determine.

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

Chief officer

4

(1) The Authority shall have a chief officer.

(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as he thinks fit.

(3) Each subsequent chief officer shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.

Chairman and chief officer: division of functions

5

(1) The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment.

(2) The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) above on the chairman of the Authority.

Tenure of office

6

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

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

7

The Secretary of State may, if satisfied that a member of the Authority—

(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

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

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

8

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

Payments to members

9

(1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.

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

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

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

10

Subject to the approval of the Secretary of State given with the consent of the Treasury, the Authority—

(a) may appoint such number of employees on such terms and conditions as they think fit, and

(b) shall pay to their employees such remuneration and allowances as they may determine.

11

(1) Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there is inserted—

School Curriculum and Assessment Authority.

(2) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3) Where an employee of the Authority is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation Act 1972 and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9 above).

Finance

12

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

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

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

Committees

13

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

(2) The Authority shall determine the number of a committee’s members and the terms on which they are to hold and vacate office.

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

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

Delegation

14

The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 above to carry out such of the Authority’s functions as the Authority may determine.

Proceedings

15

(1) A representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the Secretary of State with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

16

(1) Her Majesty’s Chief Inspector of Schools in England, or a representative of his, shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide Her Majesty’s Chief Inspector of Schools in England with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

17

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

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

18

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

19

Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts

20

(1) The Authority shall—

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

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

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

(2) 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

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

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

Documents

21

The application of the seal of the Authority shall be authenticated by the signature—

(a) of the chairman or some other person authorised either generally or specially by the Authority to act for that purpose, and

(b) of one other member.

22

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

SCHEDULE 15

The Public Records Act 1958 (c. 51)

1

In Schedule 1 to the Public Records Act 1958, in Part II of the Table at the end of paragraph 3, for “Curriculum Council for Wales” there is substituted “ Curriculum and Assessment Authority for Wales ”.

The Superannuation Act 1972 (c. 11)

2

In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies, for “Curriculum Council for Wales” there is substituted “ Curriculum and Assessment Authority for Wales ”.

The House of Commons Disqualification Act 1975 (c. 24)

3

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) for the entry relating to the Curriculum Council for Wales there is substituted—

Any member of the Curriculum and Assessment Authority for Wales established under section 14 of the Education Reform Act 1988 in receipt of remuneration.

The Education Reform Act 1988 (c. 40)

4

(1) The Education Reform Act 1988 is amended as follows.

(2) In section 11(13), for “the Curriculum Council for Wales” there is substituted “ the Curriculum and Assessment Authority for Wales ”.

(3) In section 14, for “Council”, in each place where it occurs, there is substituted “ Authority ”.

(4) In section 16(6), for “the Curriculum Council for Wales” there is substituted “ the Curriculum and Assessment Authority for Wales ”.

(5) Section 21 is amended as follows—

(a) in subsection (2), for “the Curriculum Council for Wales” there is substituted “ the Curriculum and Assessment Authority for Wales ”; and

(b) for “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

(6) In Schedule 2, for “Council”, in each place where it occurs, there is substituted “ Authority ”.

The Charities Act 1993 (c.10)

5

In Schedule 2 to the Charities Act 1993 (exempt charities) for paragraph (f) there is substituted—

(f) the Curriculum and Assessment Authority for Wales;

The Education Act 1993 (c. 35)

6

(1) The Education Act 1993 is amended as follows.

(2) In Schedule 14, in paragraph 17, for “the Curriculum Council for Wales”, in both places where it occurs, there is substituted “ the Curriculum and Assessment Authority for Wales ”.

(3) In Schedule 19, in paragraph 43(1), for “the Curriculum Council for Wales” there is substituted “ the Curriculum and Assessment Authority for Wales ”.

SCHEDULE 16

1

Part I of Schedule 2 to the Education Act 1980 (constitution of committees hearing appeals against admission decisions) is amended as follows.

Schools maintained by local education authorities

2

(1) For paragraph 1(2) there is substituted—

(2) An appeal committee shall consist of— (a) one person nominated by the authority from among persons who are eligible to be lay members; and (b) two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph. (2A) The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them. (2B) Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time.

(2) In paragraph 1(3) after “appointed” there is inserted “ by the authority ”.

(3) In paragraph 1(4) “by more than one” is omitted.

(4) For paragraph 1(5) there is substituted—

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

Aided and special agreement schools

3

(1) For paragraph 2(2) there is substituted—

(2) An appeal committee shall consist of— (a) one person nominated by the governors from among persons who are eligible to be lay members; and (b) two, four or six other members nominated by the governors from among persons appointed by them under this paragraph. (2A) The governors shall not nominate under sub-paragraph (2)(a) above a person who falls within sub-paragraph (3)(a) or (b) below or is employed by the local education authority by which the school is maintained. (2B) Sufficient persons may be appointed by the governors to enable two or more committees to sit at the same time.

(2) In paragraph 2(3) after “appointed” there is inserted “ by the governors ”.

(3) For paragraph 2(4) there is substituted—

(4) In an appeal committee— (a) three members shall be nominated from among those mentioned in sub-paragraph (3)(b) above, in the case of a committee consisting of seven members; (b) two members shall be so nominated, in the case of a committee consisting of five members; and (c) one member shall be so nominated, in the case of a committee consisting of three members.

Lay members

4

After paragraph 4 there is inserted—

(4A) (1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) above if— (a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and (b) he satisfies the conditions specified in sub-paragraph (2) below. (2) Those conditions are— (a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a) above, that he does not have, or has not at any time had, any connection with— (i) the local education authority in question, or (ii) any person who is a member of, or employed by, that authority, of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and (b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a) above, that he does not have, or has not at any time had, any connection with— (i) the school in question, or (ii) any person who is a member of, or employed by, the governing body of that school, of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

SCHEDULE 17

1

The trustees may, after payment of any expenses incurred in connection with the administration of the trust, apply the capital and income of the relevant trust assets for any of the following purposes—

(a) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of any relevant school in the area,

(b) for the maintenance of any relevant school in the area,

(c) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of a teacher’s house for use in connection with any relevant school in the area, and

(d) for the maintenance of a teacher’s house for use in connection with any relevant school in the area.

2

The trustees may also, after payment of any expenses incurred in connection with the administration of the trust, apply the income of the relevant trust assets for any of the following purposes—

(a) in or towards the provision of advice, guidance and resources (including materials) in connection with any matter related to the management of, or education provided at, any relevant school in the area,

(b) the provision of services for the carrying out of any inspection of any relevant school in the area required by the Education (Schools) Act 1992, and

(i) the application of income of the relevant trust assets for either of the purposes referred to in sub-paragraphs (a) and (b) above, or

(ii) the application of capital or income of the relevant trust assets for any of the purposes referred to in paragraph 1 above.

SCHEDULE 18

General adaptations of enactments

1

References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the local education authority.

2

References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).

Modifications of enactments by regulations

3

Regulations may provide for any enactments relating to schools maintained by local education authorities (or schools including such schools)—

(a) to apply in relation to pupil referral units,

(b) to apply in relation to such units with such modifications as may be prescribed, or

Registration

4

(1) A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.

(2) In this Schedule, “registered” means shown in the register kept under section 80 of the Education Act 1944.

Application of Local Government Act 1986

5

A pupil referral unit is a maintained school for the purposes of section 2A(1)(b) of the Local Government Act 1986 (prohibition on promoting homosexuality).

Curriculum

6

(1) Section 17 of the Education (No. 2) Act 1986 (duty of LEA to state policy) applies in relation to pupil referral units as it applies in relation to county schools.

(2) In relation to every pupil referral unit, the Secretary of State, the local education authority and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 1 of the Education Reform Act 1988 (balanced and broadly based curriculum) and of any other enactment which applies to the curriculum for pupil referral units.

(3) Each local education authority shall, with the approval of the Secretary of State, make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit—

(a) have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by or under any enactment referred to in sub-paragraph (2) above, or

(b) have failed to discharge any such duty.

(4) The Secretary of State shall not entertain under section 68 or 99 of the Education Act 1944 any complaint in respect of any local education authority, being a complaint—

(a) for which arrangements are required to be made under sub-paragraph (3) above, or

(b) that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit with any such duty as is referred to in that sub-paragraph,

unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.

Discipline

7

The teacher in charge of a pupil referral unit may on disciplinary grounds exclude a pupil from the unit.

Political indoctrination, political issues and sex education

8

Sections 44 to 46 of the Education (No. 2) Act 1986 (political indoctrination, treatment of political issues and sex education) apply in relation to pupil referral units as they apply in relation to county schools.

Charges

9

(1) Sections 106 to 111 and 118 of the Education Reform Act 1988 (charges) apply in relation to pupil referral units as if the references to governing bodies were omitted.

(2) Section 111(2)(b) of that Act shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “ for the time being ”.

Application of Environmental Protection Act 1990

10

A pupil referral unit is an educational institution for the purposes of Part IV of the Environmental Protection Act 1990 (litter).

Information

11

Each local education authority shall make available, on such occasions, and in such form and manner, as may be prescribed, to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Disapplication of Schedule 2

12

Schedule 2 to this Act does not apply in relation to pupil referral units or the provision for pupils at such units of board and lodging (whether at units or elsewhere).

Children with special educational needs

13

Sections 161(1) to (4), 162 and 168(5)(b) of this Act, and paragraph 3(4) of Schedule 10 to this Act, apply in relation to pupil referral units as they apply in relation to maintained schools.

School attendance orders

14

(1) Where a pupil referral unit is named in a school attendance order—

(a) the local education authority shall inform the teacher in charge of the unit, and

(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2) The reference to a school in section 193(4) of this Act does not include a pupil referral unit.

(3) A local education authority shall, before deciding to specify a particular pupil referral unit in a notice under section 193(2) of this Act where another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority and, if they decide to specify the unit in the notice, they shall serve notice in writing of their decision on that authority.

(4) Section 194(7) and (8) of this Act applies where a notice is served on a local education authority under sub-paragraph (3) above as it applies where notice is served under subsection (6) of that section.

(5) The parent of a child in respect of whom a school attendance order is in force may not under section 195 of this Act request the local education authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 199 of this Act to the school at which he is a registered pupil shall be read as references to the unit.

SCHEDULE 19

The Children and Young Persons Act 1933 (c. 12)

1

Section 10 of the Children and Young Persons Act 1933 (vagrants preventing children from receiving education) is omitted.

2

In section 30(1)(a) of that Act (interpretation) for the words from “for the purposes” to the end of paragraph (a) there is substituted “ over compulsory school age (construed in accordance with section 277 of the Education Act 1993) ”.

The Education Act 1944 (c. 31)

3

The Education Act 1944 is amended as follows.

4

Section 1(1) (general duty of Secretary of State) is omitted.

5

In section 6(1) (local education authorities) the words from “Subject” to “Act” are omitted.

6

Section 9(5) (definition of special school) is omitted.

7

In section 15 (voluntary schools) for “the maintenance contribution payable by the Minister under this Act”, in subsections (2) and (5), there is substituted “ grants under section 281 of the Education Act 1993 ”.

8

In section 16(1) (transfer of schools to new sites, etc), “any county school or” and the words following “the new site” are omitted.

9

In section 26(4)(a) (special provisions as to religious education in county schools) after “particular” there is inserted “ religion or ”.

10

Section 35 (compulsory school age) is omitted.

11

Sections 37 (school attendance orders), 39 (duty of parents to secure regular attendance of registered pupils) and 40 (enforcement of school attendance) are omitted.

12

In section 50 (provision of board and lodging otherwise than at school)—

(a) in subsection (1) “by them” is omitted, and

(b) in subsection (2) after “with respect to the” there is inserted “ religion or ”.

13

In section 52 (recovery of cost of board and lodging otherwise than at school), in paragraph (a) of the proviso to subsection (1), “by the authority” is omitted.

14

In section 54 (power to ensure cleanliness)—

(a) in subsection (1) after “by them” there is inserted “ and grant-maintained schools within their area ”,

(b) in subsection (6) after “authority” there is inserted “ or at a grant-maintained school ”, and

(i) after “by the authority” there is inserted “ or at a grant-maintained school within the area of the authority ”, and

(ii) for “this Act” there is substituted “ Part IV of the Education Act 1993 ”.

15

In section 55 (transport), at end of subsection (3) there is added “ and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres ”.

16

Section 56 (power to provide education otherwise than at school) is omitted.

17

In section 58 (adaptation of enactments relating to employment of children) “for the purposes of this Act” is omitted.

18

In section 63(2) (exemption from local Acts and byelaws of buildings approved by the Secretary of State) after “plans for” there is inserted “ or particulars in respect of ”.

19

That subsection shall have effect as if the reference to plans approved by the Secretary of State included particulars given in pursuance of section 151(2)(b) of this Act.

20

In section 76 (pupils to be educated in accordance with the wishes of their parents)—

(a) for “this Act” there is substituted “ the Education Acts 1944 to 1993 ”, and

(b) before “and local education authorities” there is inserted “ the funding authorities ”.

21

In section 80(1) (registration of pupils at schools) after “to the Secretary of State” there is inserted “ to the funding authorities ”.

22

Sections 102 and 103 (contributions and grants by Secretary of State to aided and special agreement schools) are omitted.

23

In section 105 (power of Secretary of State to make loans to aided and special agreement schools in respect of initial expenditure)—

(a) in subsection (2)—

(i) in paragraph (c)(i) after “premises” there is inserted “ or on a transfer of the school to a new site ” and for “a maintenance contribution” there is substituted “ grants under section 281 of the Education Act 1993 ”,

(ii) in paragraph (c)(iii) for the words from “which” to the end there is substituted “ being expenses in respect of which grants under section 281 of the Education Act 1993 may be paid ”,

(iii) paragraph (d) is omitted, and

(iv) in the words following that paragraph, “maintenance contribution” is omitted and for “either of the last two foregoing sections” there is substituted “ section 281 of the Education Act 1993 ”, and

(b) in subsection (3) after “representative of any” there is inserted “ religion or ”.

24

In section 114 (interpretation)—

(a) in subsection (1)—

(i) for the definition of “compulsory school age” there is substituted—

“Compulsory school age” shall be construed in accordance with section 277 of the Education Act 1993

(ii) in the definition of “registered pupil”, for “pupil registered as such” there is substituted “ person registered as a pupil ”,

(iii) in the definition of “secondary school”, “primary or” is omitted, and

(iv) in the definition of “special educational needs” and “special educational provision”, for “1 of the Education Act 1981” there is substituted “ 156 of the Education Act 1993 ”, and

(b) for subsection (1E)(b) there is substituted—

(b) sections 25 to 27, 29, 37, 60, 63 and 65 of the Education Act 1993, paragraph 9 of Schedule 6 to that Act and Schedule 7 to that Act

25

In section 116 (saving as to persons of unsound mind and persons detained by order of a court) after “this Act” there is inserted “ or by or under the Education Act 1993 ”.

26

In the First Schedule (local administration) Part I is omitted.

27

In the Fifth Schedule (procedure for preparing and bringing into operation an agreed syllabus of religious education)—

(a) in paragraph 2(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”,

(b) in the proviso to paragraph 2 for “to represent other religious denominations” there is substituted “ under sub-paragraph (a) above ”,

(d) in paragraph 4—

(i) for “religious” there is substituted “ religion ”, and

(ii) for the words from “vacancy occurs” to the end there is substituted “ person resigns or is withdrawn from the committee the authority shall appoint someone in his place in the same manner as that in which they made the original appointment ”.

28

In the Eighth Schedule (amendment of enactments), the entry relating to section 10 of the Children and Young Persons Act 1933 is omitted.

The Education Act 1946 (c. 50)

29

In the First Schedule to the Education Act 1946 (maintenance of voluntary schools), in paragraph 2, for “section one hundred and three of the principal Act” there is substituted “ section 281 of the Education Act 1993 ”.

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

30

Section 9 of the Education (Miscellaneous Provisions) Act 1948 (presumption of age in proceedings to enforce attendance at school) is omitted.

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

31

In section 6(2) of the Education (Miscellaneous Provisions) Act 1953 (payment of tuition and boarding fees for pupils at non-maintained schools)—

(a) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”,

(b) for “not maintained by them or another local education authority” (in both places) there is substituted “ which is not a maintained school ”,

(c) for “schools maintained by them and schools maintained by other local education authorities” there is substituted “ maintained schools ”,

(d) for “provided by them” in paragraphs (a)(ii) and (b) there is substituted “ provided ”,

(e) paragraph (a)(iii) is omitted, and

(f) at the end there is added— “ and in this subsection “maintained school” means any school maintained by a local education authority and any grant-maintained or grant-maintained special school, and paragraph (b) does not apply where section 190(2) of the Education Act 1993 applies ”.

32

Section 10 of that Act (amendment of procedure for making school attendance orders) is omitted.

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

33

In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

The Public Records Act 1958 (c. 51)

34

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there are inserted at the appropriate places—

Curriculum Council for Wales

Funding Agency for Schools

School Curriculum and Assessment Authority

, and

Schools Funding Council for Wales

The Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)

35

In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “1953” there is substituted “ 1993 ”.

The Factories Act 1961 (c. 34)

36

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

“child” means any person who is not over compulsory school age (construed in accordance with section 277 of the Education Act 1993) or over school age for the purposes of the Education (Scotland) Act 1946

The Education Act 1962 (c. 12)

37

Section 9 of the Education Act 1962 (school leaving dates in England and Wales) is omitted.

The Education Act 1964 (c. 82)

38

(1) Section 1 of the Education Act 1964 (middle schools) is amended as follows.

(2) In subsection (1), after “1980” there is inserted “ proposals with respect to a grant-maintained school or proposed grant-maintained school are submitted to the Secretary of State under sections 48, 49, 96 or 97 of the Education Act 1993 or proposals with respect to a county school are published under section 272 of that Act ”.

(3) In subsection (3), for “1962” there is substituted “ 1993 ”.

The Education Act 1967 (c. 3)

39

Section 1 of the Education Act 1967 (extended powers of Secretary of State to make contributions etc.) is omitted.

The Criminal Justice Act 1967 (c. 80)

40

In Schedule 3 to the Criminal Justice Act 1967 (increase of fines), the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944 are omitted.

The Education Act 1968 (c. 17)

41

In section 1(1) of the Education Act 1968 (changes to character, size or situation of schools) for “1967” there is substituted “ 1993 ”.

The Children and Young Persons Act 1969 (c. 54)

42

Paragraphs 2 and 13 of Schedule 5 to the Children and Young Persons Act 1969 (minor and consequential amendments of enactments) are omitted.

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

43

(1) Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include the School Curriculum and Assessment Authority and the Curriculum Council for Wales.

(2) The provision in sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).

44

At the end of Schedule 1 to the Local Authority Social Services Act 1970 (enactment conferring functions assigned to social service committee) there is added—

Education Act 1993.	Help for local education authority in exercising functions under Part III of the Act	Section 166.

The Education (Handicapped Children) Act 1970 (c. 52)

45

In section 1(1)(b) of the Education (Handicapped Children) Act 1970 (mentally handicapped children) for the words from “for purposes” to the end of paragraph (b) there is substituted “ of compulsory school age (construed in accordance with section 277 of the Education Act 1993) ”.

The Superannuation Act 1972 (c. 11)

46

Employment with a funding authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—

The Funding Agency for Schools. The Schools Funding Council for Wales.

47

A funding authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to paragraph 46 above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

48

Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 5 of Schedule 1 to this Act).

The Local Government Act 1972 (c. 70)

49

Section 101(9)(a) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) is omitted.

50

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Education Act 1993 (repealed)

Procedure for amending or ceasing to maintain a statement

9

10

11

SCHEDULE 11

Constitution of governing body and conduct of school

1

Initial instruments and articles of government

2

Subsequent instruments of government

3

Subsequent articles of government

4

Parent governors

5

Teacher governors

6

Head teacher

7

First governors

8

Power of Secretary of State to replace first governors

9

Sponsor governors

10

Additional governors

11

Powers

12

Transitory provisions

13

General application of enactments

14

SCHEDULE 12

Supplementary powers

1

Tenure of members

2

3

Salaries, allowances and pensions

4

Committees

5

Delegation of functions

6

Proceedings

7

8

Application of seal and proof of instruments

9

10

SCHEDULE 13

Property, rights and liabilities

1

2

Contracts of employment

3

School premises

4

5

School premises: pre-commencement agreements

6

7

Dissolution and discontinuance

8

9

10

11

12

General

13

14

15

SCHEDULE 14

Status

1

Powers

2

3