Office of Public Sector Information
SCHEDULE 37 continued PART I continued
59 In section 4(1)(a) of the Building Act 1984 (exemption of educational buildings etc) for sub-paragraphs (i) to (iv) substitute—
“(i) plans that have been approved by the Secretary of State,
(ii) particulars submitted and approved under section 39 or 44 of the Education Act 1996 or under regulations made under section 544 of that Act or section 218(7) of the Education Reform Act 1988,
(iii) particulars approved or adopted under section 214, 262 or 341 of the Education Act 1996, or
(iv) particulars given in a direction under section 428 of that Act.”
60 In section 10(2)(g) of the Greater London Council (General Powers) Act 1984 (buildings excepted from Part IV) for “section 100(1)(b) of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”.
61 In section 8(3) (short title etc.) for “the Education Act 1944” there is substituted “the Education Act 1996.”
62 In Schedule 1 (tenancies which are not secure tenancies), in paragraph 10(4), for “the Education Act 1944” there is substituted “the Education Act 1996”.
63 In section 2A(4)(a) of the Local Government Act 1986 (prohibition on promoting homosexuality) for “the Education Act 1944” there is substituted “the Education Act 1996”.
64 (1) Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) shall be amended as follows.
(2) In subsection (1)(a) for “or 168 of the Education Act 1993” there is substituted “section 168 of the Education Act 1993 or section 324 of the Education Act 1996”.
(3) In subsection (8)—
(a) for “paragraph 7 of Schedule 10 to the Education Act 1993” there is substituted “paragraph 7 of Schedule 27 to the Education Act 1996”, and
(b) for “maintained under section 168” there is substituted “maintained under section 324”.
(4) In subsection (9)—
(a) for “Part III of the Education Act 1993” there is substituted “Part IV of the Education Act 1996”; and
(b) for “the Education Act 1944” there is substituted “the Education Act 1996”.
65 (1) Section 50 of the Education (No. 2) Act 1986 (grants for teacher training etc.) shall continue to have effect with the following amendments (originally made by section 278 of and Schedule 19 to the [1993 c. 35.] Education Act 1993).
(2) In subsection (1)—
(a) for “local authorities and other persons” there is substituted “persons other than local education authorities”; and
(b) for the words from the end of paragraph (a) onwards there is substituted— “and
(b) such other classes of persons as may be prescribed.”
(3) In subsection (2)(b), for “capacity as an employee of the kind in question” there is substituted “employment”.
66 (1) Section 67 of that Act (short title etc.) shall be amended as follows.
(2) Subsections (2), (5) and (6) are omitted.
(3) In subsection (3), for “the 1944 Act” there is substituted “the Education Act 1996.”
(4) In subsection (7), for the words from the beginning to “Northern Ireland;” there is substituted “In this Act section 48 and this section extend to Scotland,”.
67 (1) The Reverter of Sites Act 1987 shall be amended as follows.
(2) In section 1(5) (right of reverter replaced by trust for sale) for “section 2 of the Education Act 1973” there is substituted “section 554 of the Education Act 1996”.
(2) In section 5 (orders under Education Act 1973)—
(a) in subsection (1), for “section 2 of the Education Act 1973” there is substituted “section 554 of the Education Act 1996”; and
(b) for “section 2 of the said Act of 1973”, wherever occurring, there is substituted “section 554 of the 1996 Act”.
68 In paragraph 8(3)(a) of Schedule 1 to the Local Government Act 1988 (competition) for “section 53 of the Education Act 1944 (whether or not also provided under section 41 of that Act)” there is substituted “section 508 of the Education Act 1996 (whether or not also provided under section 15 of that Act)”.
69 In section 139A(6) and (7) of the Criminal Justice Act 1988 (as amended by the Offensive Weapons Act 1996), for “section 14(5) of the Further and Higher Education Act 1992” there is substituted “section 4 of the Education Act 1996”.
70 In section 124(2)(b) of the Education Reform Act 1988 (powers of a higher education corporation) for “within the meaning of section 41(9) of the Education Act 1944)” there is substituted “, as defined by section 15(6) and (7) of the Education Act 1996)”.
71 In section 161(1)(b)(i) of that Act (interpretation of Part II) for “section 41 of the 1944 Act” there is substituted “section 15 of the Education Act 1996”.
72 In section 163(1) of that Act (new education authorities for London) for “the Education Acts 1944 to 1996” there is substituted “the Education Act 1996”.
73 In section 166(5) of that Act (responsibility for schools) for “the Education Acts 1944 to 1993” there is substituted “the Education Act 1996”.
74 (1) Section 197 of that Act (Education Assets Board) shall be amended as follows.
(2) In subsection (6), for “the Education Acts 1944 to 1993” there is substituted “the Education Acts”.
(3) Subsection (7) shall continue to have effect with the insertion of the words “and any governing body of a maintained or grant-maintained school” (originally inserted by section 47(5) of the [1993 c. 35.] Education Act 1993); and in that subsection for “the Education Acts 1944 to 1993” there is substituted “the Education Acts”.
(4) In subsection (7B), for “the Education Acts 1944 to 1992” there is substituted “the Education Acts”.
(5) At the end of the section there is added—
“(10) In this section “the Education Acts” has the meaning given by section 578 of the Education Act 1996.”
75 In section 198 of that Act (transfers under Parts I and II)—
(a) in subsection (1), for “or section 38 of the Education Act 1993” there is substituted “or section 201 of the Education Act 1996”; and
(b) in subsection (4), for “or under the Education Act 1993”, in both places, there is substituted “or under the Education Act 1996”.
76 (1) Section 218 of that Act (school and further and higher regulations)—
(a) shall be amended as provided in sub-paragraphs (2) to (5); and
(b) shall continue to have effect with the amendments set out in sub-paragraph (6) (originally made by section 290 of the Education Act 1993).
(2) In subsection (1) the following are omitted—
(a) in paragraphs (e) and (f), the words “schools and”; and
(b) paragraph (g).
(3) For subsection (2B) (renumbered by paragraph 8(4) of Schedule 2 to the [1994 c. 40.] Education Act 1994) there is substituted—
“(2B) Regulations under subsection (2) above may impose requirements on persons carrying on city technology colleges or city colleges for the technology of the arts as to the training and teaching experience of persons employed as teachers at such colleges who seek to become (in relation to schools) qualified teachers.”
(4) In subsection (7), the following are omitted—
(a) the words from “or, in such cases” to “the funding authority”; and
(b) the words “school or” (where first occurring) and “any school or”.
(5) Subsections (8) and (13) are omitted.
(6) The amendments referred to in sub-paragraph (1)(b) are—
(a) after subsection (6)(c) there is added “or
(d) by the proprietors of independent schools or at such schools as teachers or in any such work,”; and
(b) in subsection (12) after “section” there is inserted “other than in subsection (6)(d) above”.
77 For section 219 of that Act there is substituted—
(1) This section applies to any institution which is maintained by a local education authority and provides higher education or further education (or both).
(2) Section 495(1) of the Education Act 1996 (determination of disputes by the Secretary of State) shall apply in relation to the governing body of an institution to which this section applies as it applies in relation to the governing body of a school.
(3) Each of sections 496 and 497 of that Act (power of Secretary of State to prevent unreasonable exercise of functions and Secretary of State’s general default powers) shall have effect as if any reference to a body to which that section applies included a reference to the governing body of an institution to which this section applies.
(4) Section 498 of that Act (powers of Secretary of State where there is no properly constituted governing body) shall have effect as if any reference to a school to which that section applies included a reference to an institution to which this section applies.”
78 (1) Section 220 of that Act (extension of functions of Audit Commission) shall continue to have effect with the following amendments (originally made by section 10 of the [1993 c. 35.] Education Act 1993).
(2) At the beginning of subsection (1)(c) there is inserted “the Funding Agency for Schools, the Schools Funding Council for Wales or”.
(3) After subsection (2)(bb) there is inserted—
“(bc) with respect to studies relating to the Funding Agency for Schools, the agency;
(bd) with respect to studies relating to the Schools Funding Council for Wales, the council;”.
(4) In subsection (2)(c) after “school,” there is inserted “the funding authority or”.
79 In section 228 of that Act (transfer of property to grant-aided institutions in Wales), in subsection (2)(a), for “section 100(1)(b) of the 1944 Act” there is substituted “section 485 of the Education Act 1996”.
80 In section 232 of that Act (orders and regulations)—
(a) in subsection (2), for the words from “sections” to “Schedule 5” there is substituted “section 157”;
(b) subsection (3) is omitted; and
(c) in subsection (4), “3(4)(a), 4(2)(c), 24,” is omitted.
81 (1) Section 235 of that Act (general interpretation) shall be amended as follows.
(2) In subsection (1) the definition of “the 1980 Act” is omitted.
(3) In subsection (2)(c), after “1944 Act” there is inserted “or section 485 of the Education Act 1996”.
(4) In subsections (7) and (8), for “the 1944 Act” in each place there is substituted “the Education Act 1996”.
82 (1) Schedule 10 to that Act (supplementary provisions with respect to transfers)—
(a) shall continue to have effect with the amendments set out in sub-paragraph (2) (originally made by section 47 of the [1993 c. 35.] Education Act 1993); and
(b) shall be amended as provided in sub-paragraph (3).
(2) The amendments mentioned in sub-paragraph (1)(a) are as follows—
(a) in paragraph 1(1) of the Schedule, after “held” there is inserted “or used”;
(b) in paragraph 4(1) of the Schedule, for “by virtue of section 126 or 130” there is substituted “to which this Schedule applies”; and
(c) for “local education authority”, wherever occurring in the Schedule, there is substituted “local authority”.
(3) In the Schedule—
(a) in paragraph 1(4)(a)(i), for “or under the Education Act 1993” there is substituted “or under the Education Act 1996”;
(b) in paragraph 2(1)(b), for “or of the Education Act 1993” there is substituted “or of the Education Act 1996”;
(c) in paragraph 5, for “or of the Education Act 1993” there is substituted “or of the Education Act 1996”;
(d) in paragraph 7, for “or of the Education Act 1993” there is substituted “or of the Education Act 1996”; and
(e) in paragraph 9(6)(b), for “or of the Education Act 1993” there is substituted “or of the Education Act 1996”.
83 In section 174(3) of the Copyright, Patents and Designs Act 1988 (meaning of “school”) for “the Education Act 1944” there is substituted “the Education Act 1996”.
84 In section 28(4) of the Children Act 1989 (local authority support for children and families: consultation with local education authorities) for “Part III of the Education Act 1993” there is substituted “Part IV of the Education Act 1996”.
85 In section 36(5) of that Act (education supervision orders: presumption that child is not being properly educated)—
(a) for “section 37 of the Education Act 1944” there is substituted “section 437 of the Education Act 1996”; and
(b) for “section 39” there is substituted “section 444”.
86 (1) Section 63 of that Act (children not to be cared for and accommodated in unregistered children’s homes) shall be amended as follows.
(2) For subsection (6) there is substituted—
“(6) An independent school is a children’s home at any time if at that time accommodation is provided for children at the school and either—
(a) in each year that fell within the period of two years ending at that time accommodation was provided for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in that year, or
(b) it is intended to provide accommodation for more than three of the children at the school, or under arrangements made by the proprietor of the school, for more than 295 days in any year,
unless the school is approved by the Secretary of State under section 347(1) of the Education Act 1996 (approval of independent schools for children with statements); and in this subsection “year” means a period of twelve months and “proprietor” has the same meaning as in that Act.”
87 In section 87(10) of that Act (welfare of children accommodated in independent schools) for “the Education Act 1944” there is substituted “the Education Act 1996”.
88 In section 87A(6) of that Act (inspection of independent schools), in paragraph (a), for “the Education Act 1944” there is substituted “the Education Act 1996”.
89 In section 87B(4) of that Act (duties of inspectors of independent schools), in paragraph (a), for “the Education Act 1944” there is substituted “the Education Act 1996”.
90 In section 91(5) of that Act (effect and duration of orders: school attendance orders) for “section 37 of the Education Act 1944” there is substituted “section 437 of the Education Act 1996”.
91 In section 105(1) of that Act (interpretation) for “the Education Act 1944” in each place where it occurs, and for “the Education Act 1993”, there is substituted “the Education Act 1996”.
92 In paragraph 3(b) of Schedule 2 to that Act (local authority support for children and families: assessment of children’s needs) for “Part III of the Education Act 1993” there is substituted “Part IV of the Education Act 1996”.
93 (1) Part III of Schedule 3 to that Act (education supervision orders) shall be amended as follows.
(2) In paragraph 13—
(a) in sub-paragraph (1) for “section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty” there is substituted “sections 7 and 444 of the Education Act 1996 (duties to secure education of children and”; and
(b) in sub-paragraph (2)—
(i) in paragraph (a)(i) for “section 192 of that Act” there is substituted “section 437 of the Education Act 1996”,
(ii) in paragraph (b)(i) for “section 192” there is substituted “section 437”,
(iii) in paragraph (b)(ii) for “section 76 of the Education Act 1944” there is substituted “section 9 of that Act”, and
(iv) in paragraph (b)(iii) for “sections 6 and 7 of the Education Act 1980” there is substituted “sections 411 and 423 of that Act”.
(3) In paragraph 21 for “the Education Act 1944 (as amended by Schedule 13)” there is substituted “the Education Act 1996.”
94 (1) Paragraph 3 of Schedule 9 to that Act (child minding and day care: exemption of certain schools) shall be amended as follows.
(2) In sub-paragraph (1)—
(a) for “section 100 of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”, and
(b) for “section 53 of the Act of 1944” there is substituted “section 508 of that Act”.
(3) In sub-paragraph (3)—
(a) for “the Education Act 1944” there is substituted “the Education Act 1996”, and
(b) for “the Education Act 1993” there is substituted “that Act”.
95 In section 2(6)(a) of the Local Government and Housing Act 1989 (politically restricted posts) for “section 88 of the Education Act 1944” there is substituted “section 532 of the Education Act 1996”.
96 (1) Section 13 of that Act (voting rights of members of committees)—
(a) shall be amended as provided in sub-paragraphs (2), (3) and (5); and
(b) shall continue to have effect with the amendment set out in sub-paragraph (4) (originally made by Schedule 19 to the [1993 c. 35.] Education Act 1993).
(2) In subsection (4)(f) for “Part I of Schedule 2 to the Education Act 1980 (appeal committees for hearing school admissions appeals)” there is substituted “Part I of Schedule 33 to the Education Act 1996 (constitution of appeal committees for admission appeals etc.)”.
(3) For subsection (5) there is substituted—
“(5) Nothing in this section shall prevent the appointment of a person who is not a member of a local education authority as a voting member of—
(a) any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,
(b) any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or
(c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,
where that appointment is required by directions given by the Secretary of State under section 499 of the Education Act 1996 (power of Secretary of State to direct appointment of members of committees).”
(4) In subsection (7) for “education committee or sub-committee of an education committee” there is substituted “committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection”.
(5) In subsection (9) the definition of “foundation governors” and the “and” immediately following it are omitted.
97 In section 18(5)(c) of that Act (schemes for allowances for local authority members) for “paragraph 2 or 3 of Schedule 2 to the Education Act 1980” there is substituted “paragraph 2 or 3 of Schedule 33 to the Education Act 1996”.
98 In section 1(3)(a) of the Education (Student Loans) Act 1990 (meaning of “institutions receiving support from public funds”) for “section 100(1)(b) of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”.
99 In section 76 of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for benefit of disabled) for subsection (3) there is substituted—
“(3) Expressions used in subsection (1)(e) and in the Education Act 1996 have the same meanings as in that Act.”
100 In section 98(2) of the Environmental Protection Act 1990 (definitions)—
(a) in paragraph (c)(i) for “section 100(1)(b) of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”; and
(b) in paragraph (e) for “section 105 of the Education Reform Act 1988)” there is substituted “section 482 of the Education Act 1996)”.
101 (1) The School Teachers' Pay and Conditions Act 1991—
(a) shall continue to have effect with the amendment set out in sub-paragraph (2) (originally made by Schedule 19 to the [1993 c. 35.] Education Act 1993); and
(b) shall be amended as provided in sub-paragraphs (3) and (4).
(2) In section 2 (orders relating to statutory conditions of employment), in subsections (6) and (7) for “section 3” there is substituted “sections 3 and 3A”.
(3) For the section 3A inserted by section 289 of the Education Act 1993 there is substituted—
(1) This section applies where a school teacher employed to teach at an independent school—
(a) which becomes a county or voluntary school in pursuance of proposals published under section 35(1)(b) or, as the case may be, 41(1) of the Education Act 1996, or
(b) in place of which a grant-maintained school is established in pursuance of proposals published under section 212 of that Act,
becomes employed (in the case of a county or voluntary school) by the local education authority or the governing body or (in the case of a grant-maintained school) by the governing body in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981.
(2) A pay and conditions order shall not apply to the statutory conditions of employment of such a teacher unless he gives notice in writing to the new employer that the order is to so apply.
(3) Where the governing body of an aided school receive notice given under subsection (2) above, they shall inform the local education authority.”
(4) In section 5 (interpretation etc.)—
(a) in subsection (1)—
(i) in the definition of “school which has a delegated budget” for “Chapter III of Part I of the Education Reform Act 1988” there is substituted “Part II of the Education Act 1996”, and
(ii) for “the Education Act 1944” there is substituted “that Act”; and
(b) in subsection (5), for “sections 68 and 99(1) of the Education Act 1944” there is substituted “sections 496 and 497 of the Education Act 1996”.
102 (1) Section 3 of the Diocesan Boards of Education Measure 1991 (transactions for which advice or consent of Diocesan Board required)—
(a) shall continue to have effect with the amendment set out in sub-paragraph (2) (originally made by Schedule 19 to the [1993 c. 35.] Education Act 1993); and
(b) shall be amended as provided in sub-paragraph (3).
(2) In subsection (4) for the words from “by a resolution” to the end there is substituted “to hold a meeting to consider whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, it shall—
(a) give to the secretary of the Board for the diocese in which the school is situated at least seven days' notice that such a meeting is to be held at such time and place as is specified in the notice, and
(b) have regard to any relevant advice given by the Board, when considering at the meeting whether to hold a ballot of parents on that question,
and in paragraph (b) above “relevant advice” means advice given in connection with the acquisition of grant-maintained status for the school whether given for the purposes of that school or for Church of England voluntary schools generally”.
(3) In subsection (5) for “section 96 of the Education Act 1993” there is substituted “section 259 of the Education Act 1996”.
103 (1) Section 5 of that Measure (proposals for acquisition of grant-maintained status)—
(a) shall be amended as provided in sub-paragraph (2); and
(b) shall continue to have effect with the amendment set out in sub-paragraph (3) (originally made by Schedule 19 to the [1993 c. 35.] Education Act 1993).
(2) For “paragraph 2 of Schedule 3 to the Education Act 1993” there is substituted “paragraph 2 of Schedule 20 to the Education Act 1996”.
(3) For “the advice given by the Board under section 3(4) above” there is substituted “any relevant advice (defined in section 3(4) above) given by the Board”.
104 (1) Section 6 of that Measure (Board to be consulted in certain cases) shall be amended as follows.
(2) In subsection (1)—
(a) for “section 13(1) of the 1988 Act” there is substituted “section 392(2) of the Education Act 1996”; and
(b) for “section 11” there is substituted “section 390”.
(3) In subsection (2), for “section 136 of the Education Act 1993” there is substituted “section 302 of the Education Act 1996”.
105 In section 7(3) of that Measure (powers of Board to give directions to governing bodies of aided church schools)—
(a) for “section 15(4) of the Education Act 1944” there is substituted “section 57(1) of the Education Act 1996”;
(b) for “section 13(1)(b) of the Education Act 1980” there is substituted “section 41(2) of that Act”; and
(c) for “the Education Acts 1944 to 1993” there is substituted “that Act”.
106 In section 9 of that Measure (attendance of diocesan director of education at governing bodies' proceedings) for “section 45(6) of the 1988 Act” there is substituted “section 138(2) of the Education Act 1996”.
107 In section 10 (interpretation)—
(a) in subsection (1) the definition of “the 1988 Act” is omitted;
(b) for the definition of “church school” in that subsection there is substituted—
““church school” means—
(a) a Church of England voluntary school,
(b) a grant-maintained school which was such a voluntary school immediately before it became grant-maintained,
(c) a grant-maintained school established in pursuance of proposals published under section 212 of the Education Act 1996 where either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 20 to that Act provides for religious education at the school to accord with the faith and practice of the Church of England, or
(d) a grant-maintained school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the faith and practice of the Church of England are approved under section 261 of that Act”; and
(c) in subsection (3)—
(i) for “the 1988 Act or the Education Act 1993” there is substituted “the Education Act 1996”, and
(ii) for “those Acts” there is substituted “that Act”.
Education Act 1996