Office of Public Sector Information
SCHEDULE 37 continued PART I continued
108 In section 21(3) of the Further and Higher Education Act 1992 (initial instruments and articles) for “Chapter IV of Part I of the Education Reform Act 1988” there is substituted “Chapter V of Part III of the Education Act 1996 (or any corresponding earlier enactment)”.
109 In section 28(3)(a) of that Act (institutions which are grant-aided or eligible to receive aid by way of grant) for “section 100(1)(b) of the Education Act 1944” there is substituted “section 485 of the Education Act 1996”.
110 (1) Section 37 of that Act (attribution of surpluses and deficits) shall be amended as follows.
(2) In subsection (1), for the words from “section 33” to “higher education)” there is substituted “section 103 of the Education Act 1996 (schemes for financing schools)”.
(3) In subsection (7)—
(a) in the definition of “budget share”, for “Chapter III of Part I or Chapter III of Part II of the Education Reform Act 1988” there is substituted “Part II of the Education Act 1996”; and
(b) in the definition of “financial year”, for “the Education Reform Act 1988” there is substituted “the Education Act 1996”.
111 In section 54(2) of that Act (duty to give information) for the words from “section 51” to “section 52 of that Act” there is substituted “regulations under section 492 or 493 of the Education Act 1996”.
112 At the end of section 56 of that Act (directions) there is added—
“(3) Section 496 of the Education Act 1996 (power to prevent unreasonable exercise of functions) applies in relation to a council as it applies in relation to a body falling within subsection (2) of that section.”
113 For section 57(6) of that Act (intervention in event of mismanagement etc.) there is substituted—
“(6) In the Education Act 1996—
(a) section 496 (power to prevent unreasonable exercise of functions) applies in relation to the governing body of an institution within the further education sector as it applies in relation to a body falling within subsection (2) of that section; and
(b) section 507 (power to direct local inquiries) applies for the purposes of the Secretary of State’s functions under this section as it applies for the purposes of his functions under that Act.”
114 In section 89(5) of that Act (orders, regulations and directions) for “Section 111 of the Education Act 1944” there is substituted “Section 570 of the Education Act 1996”.
115 (1) Section 90 of that Act (interpretation) shall be amended as follows.
(2) In subsection (1)—
(a) in the definition of “the Education Acts”, for “means the Education Acts 1944 to 1996” there is substituted “has the meaning given by section 578 of the Education Act 1996”; and
(b) after that definition there is inserted—
““further education” has the meaning given by section 2(3) to (5) of that Act;”.
(3) In subsection (5), for “the Education Act 1944” there is substituted “the Education Act 1996”.
116 In section 92 of that Act (Index)—
(a) in the entry for “further education”, for “section 14(1) to (4)” there is substituted “section 90(1)”; and
(b) the entries for “pupil”, “secondary education” and “school” are omitted.
117 (1) Schedule 8 to that Act—
(a) shall continue to have effect with the amendment set out in sub-paragraph (2) (originally made by section 47(6) of the [1993 c. 35.] Education Act 1993); and
(b) shall be amended as provided in sub-paragraphs (3) and (4).
(2) In paragraph 61, for “by virtue of section 126 or 130 and in such a case” there is substituted “and”.
(3) In paragraph 62(3), for “or (as the case may be) the Education Act 1993” there is substituted “or (as the case may be) the Education Act 1996”.
(4) In—
(a) paragraph 79(2) (which provides that, in relation to a further education corporation or a Further Education Funding Council, the reference in section 25(2) of the [1975 c. 65.] Sex Discrimination Act 1975 to section 99 of the [1994 c. 31.] Education Act 1944 is to be read as a reference to section 57(3) of the 1992 Act), and
(b) paragraph 88(2) (which makes similar provision in relation to section 19(2) of the [1976 c. 74.] Race Relations Act 1976),
for “section 99 of the Education Act 1944” there is substituted “section 497 of the Education Act 1996”.
118 (1) The Tribunals and Inquiries Act 1992 shall be amended as follows.
(2) Section 11(1) (appeals from certain tribunals) shall continue to have effect with the substitution for “15(a) or (d)” of “15(a), (d) or (e)” (originally made by section 181 of the Education Act 1993).
(3) In paragraph 15 of Schedule 1 (tribunals under general supervision of Council on Tribunals)—
(a) in sub-paragraph (a), for “section 72 of, and Schedule 6 to, the Education Act 1944 (c. 31)” there is substituted “section 476 of, and Schedule 34 to, the Education Act 1996 (c. 56)”;
(b) in sub-paragraph (b), for “Part I of Schedule 2 to the Education Act 1980 (c. 20)” there is substituted “Part I of Schedule 33 to that Act”;
(c) in sub-paragraph (c), for “paragraph 5(1) of Schedule 6 to the Education Act 1993” there is substituted “paragraph 6(1) of Schedule 23 to that Act”; and
(d) for sub-paragraph (e) there is substituted—
“(e) the Special Educational Needs Tribunal constituted under section 333 of that Act”.
119 For section 79(9) of the Charities Act 1993 (parochial charities) there is substituted—
“(9) This section shall not affect the trusteeship, control or management of any voluntary or grant-maintained school within the meaning of the Education Act 1996.”
120 (1) Schedule 2 to that Act (exempt charities) shall continue to have effect with the following amendments (originally made by Schedules 15 and 19 to the [1993 c. 35.] Education Act 1993).
(2) After paragraph (d) there is inserted—
“(da) the School Curriculum and Assessment Authority;”.
(3) For paragraph (f) there is substituted—
“(f) the Curriculum and Assessment Authority for Wales;”.
121 At the end of paragraph 1(b) of Schedule 4 to that Act (charities over which the court has jurisdiction) there is added “or section 554 of the Education Act 1996”.
122 In section 6(1)(l) of the Welsh Language Act 1993 (meaning of “public body”) for “the Education Acts 1944 to 1992” there is substituted “the Education Act 1996”.
123 (1) Section 30 of the Local Government (Wales) Act 1994 (area committees) shall be amended as follows.
(2) In subsection (7) for “section 297 of the Education Act 1993” there is substituted “section 499 of the Education Act 1996”.
(3) In subsections (9) and (14) for “section 297 of the Act of 1993” there is substituted “section 499 of the Act of 1996”.
124 (1) Section 31 of that Act (sub-committees of area committees) shall be amended as follows.
(2) In subsection (6) for “section 297 of the Education Act 1993” there is substituted “section 499 of the Education Act 1996”.
(3) In subsections (8) and (12) for “section 297 of the Act of 1993” there is substituted “section 499 of the Act of 1996”.
125 In Schedule 9 to the Value Added Tax Act 1994 (exemptions), in paragraph (a) of Note (1) to Group 6 (education)—
(a) for “the Education Acts 1944 to 1996” there is substituted “the Education Act 1996”;
(b) in sub-paragraph (iii), for “a maintained school within the meaning of the Education Act 1993 or” there is substituted “a county school, voluntary school or maintained special school (other than one established in a hospital) within the meaning of the Education Act 1996 or a maintained school within the meaning of”;
(c) in sub-paragraph (v), for “section 22 of the Education Act 1993” there is substituted “the Education Act 1996”; and
(d) in sub-paragraph (vii), for “section 182(3) of the Education Act 1993” there is substituted “the Education Act 1996”.
126 After section 11 of the Education Act 1994 there is inserted—
In carrying out his duties under sections 10 and 11 of the Education Act 1996 the Secretary of State shall, in particular, make such arrangements as he considers expedient for securing that sufficient facilities are available for the training of teachers to serve in schools maintained by local education authorities, grant-maintained schools, institutions within the further education sector and institutions which are maintained by such authorities and provide higher education or further education (or both).”
127 (1) Section 12 of that Act (power of schools to provide courses of initial teacher training) shall be amended as follows.
(2) In subsection (5), for “section 12 or 13 of the Education Act 1980 or section 96 of the Education Act 1993” there is substituted “section 35, 41 or 259 of the Education Act 1996”.
(3) In subsection (6)—
(a) for “sections 33 to 43 of the Education Reform Act 1988” there is substituted “sections 101 to 123 of the Education Act 1996”, and
(b) for “Chapter VI of Part II of the Education Act 1993” there is substituted “Chapter VI of Part III of that Act”.
128 In section 19 of that Act (interpretation)—
(a) in subsection (3), for “section 156 of the Education Act 1993” there is substituted “section 312 of the Education Act 1996”; and
(b) in subsection (5), for “the Education Act 1944” there is substituted “the Education Act 1996”.
129 In section 19(5)(a)(ii) of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) for “section 14(5) of the Further and Higher Education Act 1992” there is substituted “section 4(1) and (2) of the Education Act 1996”.
130 In section 134(1) of the Employment Rights Act 1996 (dismissal of teachers in aided schools) for “paragraph (a) of the proviso to section 24(2) of the Education Act 1944” there is substituted “section 134(3) of the Education Act 1996”.
131 (1) Section 4 of the Nursery Education and Grant-Maintained Schools Act 1996 (children with special educational needs) shall be amended as follows.
(2) In subsection (1)—
(a) for “section 157 of the Education Act 1993)” there is substituted “section 313 of the Education Act 1996)”; and
(b) for “Part III” there is substituted “Part IV”.
(3) In each of subsections (2) and (3), for “Part III of the Education Act 1993” there is substituted “Part IV of the Education Act 1996”.
132 In section 11 of that Act (citation etc.) for subsection (2) there is substituted—
“(2) This Act shall be construed as one with the Education Act 1996.”
133 In section 30(1)(a) of the Children and Young Persons Act 1933 (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 8 of the Education Act 1996)”.
134 In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) in the definition of “young person”, for “for the purposes of the Education Act 1944” there is substituted “(construed in accordance with section 8 of the Education Act 1996)”.
135 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—
(a) compulsory school age (construed in accordance with section 8 of the Education Act 1996), or
(b) school age (construed in accordance with section 31 of the Education (Scotland) Act 1980);”.
136 In section 29(2)(a) of the Matrimonial Causes Act 1973 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “(construed in accordance with section 8 of the Education Act 1996)”.
137 In section 24(2)(d) of the Sex Discrimination Act 1975 (designated establishments) after “school age” there is inserted “(construed in accordance with section 8 of the Education Act 1996)”.
138 In section 5(2)(a) of the Domestic Proceedings and Magistrates' Courts Act 1978 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “(construed in accordance with section 8 of the Education Act 1996)”.
139 In section 10 of the Employment Act 1989 (removal of restrictions relating to employment of young persons), in subsection (6), for “for the purposes of the Education Act 1944” there is substituted “(construed in accordance with section 8 of the Education Act 1996)”.
Education Act 1996