Office of Public Sector Information
Section 557.
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 Part I of the [1996 c. 57.] School Inspections Act 1996; and
(c) to defray the cost of employing or engaging staff in connection with—
(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.
Section 582(1).
1 Section 96 of the [1944 c. 31.] Children and Young Persons Act 1933 (provisions as to local authorities) shall continue to have effect with the following amendments (originally made by Schedule 8 to the Education Act 1944)—
(a) in subsection (3), for the words from “for elementary education” onwards there is substituted “shall be defrayed as expenses under the enactments relating to education”; and
(b) in subsection (4), for the second “under” there is substituted “in accordance with”.
2 In Schedule 1 to the Public Records Act 1958 (definition of public records) Part II of the Table at the end of paragraph 3 (organisations whose records are public records) shall continue to include the following entries (originally inserted by Schedule 19 to the [1993 c. 35.] Education Act 1993, taken with Schedule 15 to that Act)—
“Curriculum and Assessment Authority for Wales”,
“Funding Agency for Schools”,
“School Curriculum and Assessment Authority”, and
“Schools Funding Council for Wales”.
3 In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “the Education Acts, 1944 to 1993” there is substituted “the Education Act 1996”.
4 (1) Section 1 of the Education Act 1962 (local education authority awards for designated courses) shall continue to have effect with the following amendment (originally made by section 4 of the [1984 c. 11.] Education (Grants and Awards) Act 1984).
(2) In subsection (3)(d), for the words from “for the higher diploma” onwards there is substituted “or for the higher national diploma of the body corporate known at the passing of the Education (Grants and Awards) Act 1984 as the Business & Technician Education Council.”
5 In section 3(c)(i) of that Act (awards by Secretary of State) for “section 100 of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”.
6 For section 14(4) of that Act there is substituted—
“(4) This Act shall be construed as one with the Education Act 1996.”
7 In paragraph 2 of Schedule 1 to that Act (ordinary residence) for “section 31(3) of the Education Act 1980” there is substituted “the Education Act 1996 in accordance with regulations made under section 579(4) of that Act.”
8 In section 30(1) of the London Government Act 1963 (local education authorities) for “the Education Acts 1944 to 1962 or in any other Act” there is substituted “any Act”.
9 In section 31(5) of that Act (primary, secondary and further education in Greater London) for “except in accordance with the Education Acts 1944 to 1980” there is substituted “except in accordance with the Education Act 1996”.
10 In section 37(3) of the Children and Young Persons Act 1963 (exceptions to restriction on persons under 16 taking part in public performances etc.) for “the Education Act 1944” there is substituted “the Education Act 1996”.
11 In section 38 of that Act (restriction on licences for performances by children under 13)—
(a) in subsection (1) for “thirteen” there is substituted “fourteen”;
(b) subsection (2) is omitted; and
(c) in the sidenote, for “13” there is substituted “14”.
12 In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of “recognised institution” following paragraph 5, for “the Education Act 1944” there is substituted “the Education Act 1996”.
13 In section 6(2) of the Education Act 1967 (construction as one) for “the Education Acts 1944 to 1965” there is substituted “the Education Act 1996.”
14 In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees, etc.) for “The Education Act 1944 (c. 31) section 94” there is substituted “The Education Act 1996 (c. 56) section 564”.
15 In section 12C(3) of the Children and Young Persons Act 1969 (requirements as to education) for “the Education Act 1944” there is substituted “the Education Act 1996”.
16 In section 19(17) of that Act (facilities for the carrying out of supervisor’s directions etc.) for “the Education Act 1944” there is substituted “the Education Act 1996”.
17 (1) Subject to sub-paragraph (2), 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 and Assessment Authority for Wales.
(2) The provision in sub-paragraph (1) 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).
18 In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee) the entry relating to the Education Act 1993 is omitted and at the end there is added—
| “Education Act 1996. | |
| Section 322 ... ... ... ... | Help for local education authority in exercising functions under Part IV of the Act.” |
19 In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to and facilities at university and school buildings) for the words from “and expressions used” onwards there is substituted “and expressions used in paragraph (b) above and in the Education Act 1996 have the same meanings as in that Act.”
20 In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions payable out of local funds), in paragraph 57, for “the Education Act 1944” there is substituted “the Education Act 1996.”
21 (1) Schedule 1 to the Superannuation Act 1972 shall continue—
(a) to include the entry relating to the School Curriculum and Assessment Authority (originally inserted by Schedule 14 to the [1993 c. 35.] Education Act 1993) and the entries relating to the Funding Agency for Schools and the Schools Funding Council for Wales (originally inserted by Schedule 19 to that Act); and
(b) to have effect with the amendment set out in sub-paragraph (2) (originally made by Schedule 15 to that Act).
(2) In the list of Other Bodies, for “Curriculum Council for Wales” there is substituted “Curriculum and Assessment Authority for Wales”.
22 (1) Section 104(2)(a) of the Local Government Act 1972 (teachers not disqualified for being members of committees) shall continue to have effect with the following amendment (originally made by Schedule 19 to the [1993 c. 35.] Education Act 1993).
(2) For “for the purposes of the enactments relating to education” there is substituted “wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities”.
23 In section 112(4)(b) of that Act (appointment of staff) for “section 88 of the Education Act 1944” there is substituted “section 532 of the Education Act 1996”.
24 In section 139(4) of that Act (acceptance of gifts of property) for “the Education Acts 1944 to 1971” there is substituted “the Education Act 1996”.
25 In section 177(1) of that Act (supplementary provisions as to allowances) for “paragraph 4 of Schedule 2 to the Education Act 1980” there is substituted “paragraph 4 of Schedule 33 to the Education Act 1996”.
26 In Schedule 4 to the Fair Trading Act 1973 (services excluded from sections 14 and 109), in paragraph 14, for “the Education Act 1944,” there is substituted “the Education Act 1996,”.
27 In section 25 of the Local Government Act 1974 (authorities subject to investigation by Local Commissioner) for subsection (5) there is substituted—
“(5) Any reference to an authority to which this Part of this Act applies also includes a reference to any appeal committee constituted—
(a) for the purposes of paragraph 6 of Schedule 23 to the Education Act 1996, or
(b) in accordance with paragraph 1 or 2 of Schedule 33 to that Act.”
28 In section 31A(2) of that Act (consideration of adverse reports) for “paragraph 1 of Schedule 2 to the Education Act 1980” there is substituted “paragraph 1 of Schedule 33 to the Education Act 1996”.
29 In paragraph 5(1) of Schedule 5 to that Act (matters not subject to investigation) for the words from “section 23” to “1986” there is substituted “section 370 of the Education Act 1996 or section 17 of the Education (No.2) Act 1986”.
30 (1) Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—
(a) shall be amended as provided in sub-paragraphs (2) and (3); and
(b) shall continue to include the entries set out in sub-paragraph (4) (originally inserted by Schedule 19 to the [1993 c. 35.] Education Act 1993).
(2) For the entry relating to the Curriculum and Assessment Authority for Wales there is substituted—
“Any member of the Curriculum and Assessment Authority for Wales constituted under section 360 of the Education Act 1996 in receipt of remuneration”.
(3) For the entry relating to the School Curriculum and Assessment Authority there is substituted—
“Any member of the School Curriculum and Assessment Authority constituted under section 358 of the Education Act 1996 in receipt of remuneration”.
(4) The entries referred to in sub-paragraph (1)(b) are—
“Any member of an education association in receipt of remuneration”,
“Any member of the Funding Agency for Schools in receipt of remuneration”, and
“Any member of the Schools Funding Council for Wales in receipt of remuneration”.
31 In section 23(1) of the Sex Discrimination Act 1975 (other discrimination by local education authorities) for “the Education Acts 1944 to 1996” there is substituted “the Education Acts”.
32 In section 23A of that Act (discrimination by Further Education and Higher Education Funding Councils) for “the Education Acts 1944 to 1994” there is substituted “the Education Acts”.
33 For the section 23C inserted in that Act by Schedule 19 to the Education Act 1993 there is substituted—
It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions imposed by or under the Education Acts to do any act which constitutes sex discrimination.”
34 In section 24(2)(c) of that Act (designated establishments) for “the Education Act 1944” there is substituted “the Education Act 1996”.
35 (1) Section 25 of that Act (general duty in public sector of education)—
(a) shall be amended in accordance with sub-paragraphs (2)(a) to (c), (3)(b), and (4)(a); and
(b) shall continue to have effect with the amendments set out in sub-paragraphs (2)(d), (3)(a) and (4)(b) (originally made by Schedule 19 to the Education Act 1993 and subsequently amended by the [1994 c. 30.] Education Act 1994).
(2) In subsection (2)—
(a) for “the Education Act 1944” there is substituted “the Education Act 1996”;
(b) in paragraph (a), for “section 68” there is substituted “section 496”;
(c) in paragraph (b), for “section 99” there is substituted “section 497”; and
(d) for “and 23” there is substituted “23, 23A, 23C and 23D”.
(3) In subsection (4)—
(a) for “and 23” there is substituted “23, 23A, 23C and 23D”; and
(b) for “either” there is substituted “any”.
(4) In subsection (6)—
(a) in paragraph (c)(iii), for “section 100 of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”; and
(b) after paragraph (d) there is added—
“(e) the Funding Agency for Schools and the Schools Funding Council for Wales.”
36 In section 82 of that Act (general interpretation), in subsection (1)—
(a) after the definition of “education” there is inserted—
““the Education Acts” has the meaning given by section 578 of the Education Act 1996;”;
(b) in the definition of “further education”, for “section 41(3) of the Education Act 1944 as read with section 14 of the Further and Higher Education Act 1992” there is substituted “section 2 of the Education Act 1996”;
(c) in the definition of “independent school”, for “section 114(1) of the Education Act 1944” there is substituted “section 463 of the Education Act 1996”;
(d) in the definition of “proprietor”, for “section 114(1) of the Education Act 1944” there is substituted “section 579 of the Education Act 1996”; and
(e) in the definition of “school”, for “section 114(1) of the Education Act 1944” there is substituted “section 4 of the Education Act 1996”.
37 In Schedule 2 to that Act (transitional exemption orders for educational admissions)—
(a) in paragraph 1, for the words from “under the provisions” to “that section,” there is substituted “under section 35, 41 or 259 of the Education Act 1996 a responsible body submits to the Secretary of State”; and
(b) in paragraph 3—
(i) for “section 100 of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”; and
(ii) for “subsection (1)(b) of the said section 100” there is substituted “the said section 485”.
38 In Schedule 1 to the Restrictive Trade Practices Act 1976 (services excluded from section 13), in paragraph 14, for “the Education Act 1944,” there is substituted “the Education Act 1996,”.
39 In section 18(1) of the Race Relations Act 1976 (other discrimination by local education authorities) for “the Education Acts 1944 to 1996” there is substituted “the Education Acts”.
40 In section 18A of that Act (discrimination by Further Education and Higher Education Funding Councils) for “the Education Acts 1944 to 1994” there is substituted “the Education Acts”.
41 For the section 18C inserted in that Act by Schedule 19 to the [1993 c. 35.] Education Act 1993 there is substituted—
It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions imposed by or under the Education Acts to do any act which constitutes racial discrimination.”
42 (1) Section 19 of that Act (general duty in public sector of education)—
(a) shall be amended in accordance with sub-paragraphs (2)(a) to (c), (3)(b) and (4)(a); and
(b) shall continue to have effect with the amendments set out in sub-paragraphs (2)(d), (3)(a) and (4)(b) (originally made by Schedule 19 to the Education Act 1993 and subsequently amended by the [1994 c. 30.] Education Act 1994).
(2) In subsection (2)—
(a) for “the Education Act 1944” there is substituted “the Education Act 1996”;
(b) in paragraph (a), for “section 68” there is substituted “section 496”;
(c) in paragraph (b), for “section 99” there is substituted “section 497”; and
(d) for “and 18” there is substituted “18, 18A, 18C and 18D”.
(3) In subsection (4)—
(a) for “and 18” there is substituted “18, 18A, 18C and 18D”; and
(b) for “either” there is substituted “any”.
(4) In subsection (6)—
(a) in paragraph (c)(iii), for “section 100 of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”; and
(b) after paragraph (d) there is added—
“(e) the Funding Agency for Schools and the Schools Funding Council for Wales.”
43 In section 78 of that Act (general interpretation), in subsection (1)—
(a) after the definition of “education” there is inserted—
““the Education Acts” has the meaning given by section 578 of the Education Act 1996;”;
(b) in the definition of “independent school”, for “section 114(1) of the Education Act 1944” there is substituted “section 463 of the Education Act 1996”;
(c) in the definition of “proprietor”, for “section 114(1) of the Education Act 1944” there is substituted “section 579 of the Education Act 1996”; and
(d) in the definition of “school”, for “section 114(1) of the Education Act 1944” there is substituted “section 4 of the Education Act 1996”.
44 In section 28A(2)(c) of the National Health Service Act 1977 (power to make payments to local education authority)—
(a) for “the Education Acts 1944 to 1996” there is substituted “the Education Act 1996”; and
(b) for “those Acts” there is substituted “the Education Acts (within the meaning of that Act)”.
45 In section 128(1) of that Act (interpretation), in the definition of “local education authority”, for “the Education Act 1944” there is substituted “the Education Act 1996”.
46 In Schedule 1 to that Act (medical and dental inspection and treatment of pupils etc.)—
(a) in paragraph 1(a)(ii), for “section 163 or 298 of the Education Act 1993” there is substituted “section 19 or 319 of the Education Act 1996”; and
(b) in paragraph 4, for “by section 114(1) of the Education Act 1944” there is substituted “for the purposes of the Education Act 1996”.
47 (1) Section 38 of the Education Act 1980 (citation etc.) shall be amended as follows.
(2) Subsections (2) and (4) to (6) are omitted.
(3) For subsection (3) there is substituted—
“(3) This Act shall, in its application to England and Wales, be construed as one with the Education Act 1996.”
(4) In subsection (7), for the words from the beginning to “Northern Ireland;” there is substituted “In this Act section 20 and this section extend to Northern Ireland,”.
48 (1) Section 48A of the Education (Scotland) Act 1980 (corporal punishment) shall continue to have effect with the following amendments (originally made by section 294 of the [1993 c. 35.] Education Act 1993).
(2) In subsection (1), after “pupil” there is inserted “to whom this subsection applies”, and after that subsection there is inserted—
“(1A) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.
(1B) In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.”
(3) In subsection (5) for the words preceding paragraph (a) there is substituted “In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school.
(5A) Subsection (1) above applies to a pupil”.
(4) In subsection (8)(a) for “(5)(a)(iii)” there is substituted “(5A)(a)(iii)”.
49 In paragraph 10 of Schedule 10 to the Local Government, Planning and Land Act 1980 (adjustment of block grant in connection with education etc.: interpretation) for “Section 38(5) of the Education Act 1980” there is substituted “Section 579(4) of the Education Act 1996”.
50 In section 1(2) of the Acquisition of Land Act 1981 (application of Act) for “section 90(1) of the Education Act 1944” there is substituted “section 530(1) of the Education Act 1996”.
51 (1) Section 17(4) of that Act (statutory undertakers) shall have effect with the following amendment instead of that made by section 11 of the [1993 c. 35.] Education Act 1993.
(2) After paragraph (aa) of the definition of “statutory undertakers” there is inserted—
“(ab) the Funding Agency for Schools,
(ac) the Schools Funding Council for Wales,”.
52 In section 16 of the Greater London Council (General Powers) Act 1981 (exemptions from Part IV)—
(a) in paragraph (b) for “the Education Act 1944” there is substituted “the Education Act 1996”; and
(b) in paragraph (k) for “section 100(1)(b) of the said Act of 1944” there is substituted “section 485 of the Education Act 1996”.
53 In section 4(5) of the Agricultural Training Board Act 1982 (meaning of “post-school education”), for paragraph (a) there is substituted—
“(a) in England and Wales, “higher education” as defined by section 120(1) of the Education Reform Act 1988 or “further education” as defined by section 2(3) to (5) of the Education Act 1996; and”.
54 In section 5 of the Industrial Training Act 1982 (functions of boards) for the subsection (7) inserted by the [1988 c. 40.] Education Reform Act 1988 there is substituted—
“(8) In this section “post-school education” means—
(a) in England and Wales, “higher education” as defined by section 120(1) of the Education Reform Act 1988 or “further education” as defined by section 2(3) to (5) of the Education Act 1996; and
(b) in Scotland, “further education” within the meaning of the Education (Scotland) Act 1980.”
55 In section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on educational premises) for subsections (2) to (10) there is substituted—
“(2) This section applies to premises, including playing fields and other premises for outdoor recreation, of an institution (other than a school) which—
(a) is maintained by a local education authority; and
(b) provides further education or higher education (or both).
(3) If—
(a) a police constable; or
(b) a person whom a local education authority have authorised to exercise the power conferred by this subsection,
has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.
(4) No proceedings under this section shall be brought by any person other than—
(a) a police constable; or
(b) a local education authority.
(5) Expressions used in this section and in the Education Act 1996 have the same meaning as in that Act.”
56 (1) Paragraph 22 of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) shall continue to have effect with the following amendment (originally made by Schedule 19 to the [1993 c. 35.] Education Act 1993).
(2) In sub-paragraph (1)(i), after “authority” there is inserted “a grant-maintained school”.
57 In section 1(4) of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments)—
(a) for “section 100(1)(b) of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”; and
(b) for “the Education Act 1944” there is substituted “the 1996 Act”.
58 (1) Section 1 of the Registered Homes Act 1984 (requirement of registration: independent schools) shall be amended as follows.
(2) In subsection (5)—
(a) in paragraph (f), for “section 114 of the Education Act 1944” there is substituted “section 4 of the Education Act 1996”; and
(b) in paragraph (g), for “section 100(1)(b) of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”.
(3) In subsection (6)—
(a) for “the Education Act 1944” there is substituted “the Education Act 1996”; and
(b) for “section 189(1) of the Education Act 1993” there is substituted “section 347 of the Education Act 1996”.
(4) In subsection (7), for “section 100(1)(b) of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”.
Education Act 1996