Office of Public Sector Information

Documents issued by divisional executives

45 Section 566(1) of this Act applies to a document purporting—

(a) to be a document issued by a divisional executive (within the meaning of Part III of Schedule 1 to the Education Act 1944), and

(b) to be signed by the person authorised by the executive to sign it,

as it applies to a document falling within paragraph (a) of that provision.

Part III Miscellaneous savings etc.

Handicapped children

46 The repeal by this Act of the [1970 c. 52.] Education (Handicapped Children) Act 1970 shall not affect the operation of any order made under section 1 of that Act so far as in force immediately before the commencement of this Act or of any statement of terms and conditions of employment given in connection with any such order.

Byelaws under Children and Young Persons Act 1933

47 Despite the repeal by this Act of section 120(5) of the Education Act 1944—

(a) references to a “child” in any byelaws made under Part II of the [1933 c. 12.] Children and Young Persons Act 1933 (employment of children) shall continue to be construed as references to a child within the meaning of that Part of that Act; and

(b) any such byelaws made before 1st April 1945 which were continued in force by section 120(5) shall, if in force immediately before the commencement of this Act, continue in force as if made by the local education authority for the area in question and may be varied or revoked accordingly.

Disputes as to property transferred by virtue of 1944 Act

48 Any question which, if it had arisen before the commencement of this Act, would have fallen to be determined by the Secretary of State in accordance with section 96(2) of the [1944 c. 31.] Education Act 1944 (questions relating to property etc. transferred to LEAs) shall be determined by him despite the repeal of that provision by this Act.

Modifications of deeds made prior to Education Act 1973

49 Without prejudice to the generality of paragraph 6(2) above, any order to which paragraph 3 of Schedule 1 to the [1973 c. 16.] Education Act 1973 (saving on repeals made by that Act) applied immediately before the commencement of this Act shall continue in force despite the repeal by this Act of that paragraph; and section 570 of this Act shall apply to any such order as if it had been made under this Act.

Instruments made prior to Local Government Act 1972

50 The repeal by this Act of section 192(5) and (6) of the [1972 c. 70.] Local Government Act 1972 (transitional provisions about instruments made by old LEAs) shall not affect the continued operation of those provisions in relation to any instrument in relation to which they applied or were applicable immediately before the commencement of this Act.

Part IV Interpretation

51 In this Schedule “repeal” includes (so far as the context permits) revoke or revocation.

Section 582(4).

SCHEDULE 40 Transitory provisions

Compulsory school age: general

1 (1) Until the day appointed under section 583(3) for the coming into force of section 8—

(a) this paragraph shall have effect for defining “compulsory school age” for the purposes of this Act; and

(b) in the enactments to which Part II of Schedule 37 relates or any other enactment, or in any instrument or document—

(i) any reference (however expressed) to compulsory school age within the meaning of the Education Act 1944 shall be construed as a reference to compulsory school age as defined by this paragraph, and

(ii) any reference to section 9 of the [1962 c. 12.] Education Act 1962 shall be construed as reference to sub-paragraphs (3) to (7) of this paragraph.

(2) “Compulsory school age” means any age between five and 16, so that—

(a) a person is of compulsory school age if he has attained the age of five and is under the age of 16, and

(b) a person is over compulsory school age if he has attained the age of 16.

(3) The following provisions apply in relation to a person who attains the age of 16 on a day when either—

(a) he is a registered pupil at a school, or

(b) not being such a pupil, he has been a registered pupil at a school within the preceding period of 12 months.

(4) If he attains that age within the period from the beginning of September to the end of January, he shall be treated for the purposes of this paragraph as not having attained it until the end of the following spring term at his school (that is, the last term at his school to end before the following May).

(5) If he attains that age after the end of January but before the May school-leaving date (that is, the Friday before the last Monday in May), he shall be treated for the purposes of this paragraph as not having attained it until the May school-leaving date.

(6) If he attains that age after the May school-leaving date but before the beginning of September, he shall be treated for the purposes of this paragraph as having attained it on the May school-leaving date.

(7) In sub-paragraph (4) the references to a person’s school are to the last school at which he is a registered pupil for a term ending before the May referred to in that sub-paragraph or for part of such a term.

Section 231: powers of governing body of grant-maintained school

2 (1) If section 7 of the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996 has not come into force before the commencement of this Act, this Act shall have effect with the following modifications until the relevant commencement date.

(2) Section 231 shall have effect as if—

(a) subsection (5)(c) were omitted; and

(b) the following subsections were substituted for subsections (6) and (7)—

“(6) Subsection (4) does not confer power to borrow money, except money lent under section 255.

(7) The power to dispose of land mentioned in subsection (5)(d) 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.”

(3) Section 296(2) shall have effect as if “section 231(7)(b)” were substituted for “section 231(7)”.

(4) Paragraph 1 of Schedule 3 shall have effect as if sub-paragraph (2)(b) were omitted.

Section 318: provision by LEAs of goods and services

3 If paragraph 12 of Schedule 3 to the Nursery Education and Grant-Maintained Schools Act 1996 has not come into force before the commencement of this Act, section 318 shall have effect until the relevant commencement date as if subsection (3) were omitted.

Sections 336 and 476: disapplication of arbitration legislation

4 If paragraphs 4 and 59 of Schedule 3 to the [1996 c. 23.] Arbitration Act 1996 have not come into force before the commencement of this Act, sections 336(4) and 476(4) shall have effect until the relevant commencement date as if in each case “The Arbitration Act 1950” were substituted for “Part I of the Arbitration Act 1996”.

Section 355: the “key stages”

5 Until the day appointed under section 583(3) for the coming into force of section 8, section 355(1)(d) shall have effect as if for the words from “the expiry of” to the end there were substituted “the majority of pupils in his class ceasing to be of compulsory school age.”

Section 357: implementation of National Curriculum

6 Until the relevant commencement date, section 357(2) shall not apply, in relation to pupils in the fourth key stage, to any of the foundation subjects other than the core subjects.

Section 433: time for admission of pupils

7 If paragraph 2 of Schedule 3 to the Nursery Education and Grant-Maintained Schools Act 1996 has not come into force before the commencement of this Act, section 433 shall have effect until the relevant commencement date as if subsection (4) were omitted.

Sections 457, 512 and 534: jobseeker’s allowances

8 (1) If paragraph 17 of Schedule 2 to the [1995 c. 18.] Jobseekers Act 1995 has not come into force before the commencement of this Act, section 457(4)(b) shall have effect until the relevant commencement date with the omission of sub-paragraph (iii).

(2) If paragraph 3 of Schedule 2 to that Act has not come into force before the commencement of this Act, sections 512(3) and 534(3) shall each have effect until the relevant commencement date with the omission of “or of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)”.

Section 560: work experience

9 Until the day appointed under section 583(3) for the coming into force of section 8, section 560(2) shall have effect as if “by virtue of paragraph 1 of Schedule 40 he would be entitled to leave school” were substituted for “he would cease to be of compulsory school age”.

Section 578 and Schedule 37: “the Education Acts”; consequential amendments

10 If the provisions of Schedule 3 to the Nursery Education and Grant-Maintained Schools Act 1996 (other than paragraph 2 and paragraphs 9 to 12) have not come into force before the commencement of this Act—

(a) section 578 shall have effect until the relevant commencement date as if the following Acts were omitted—

• the [1994 c. 30.] Education Act 1994;

• the [1996 c. 9.] Education (Student Loans) Act 1996; and

• the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996; and

(b) the amendments made by Schedule 37 to this Act in such of the enactments amended by those provisions of Schedule 3 to that Act as are not reproduced in this Act shall be construed as operating instead on the statutory references in those enactments as they have effect without the amendments made by those provisions.

Meaning of “the relevant commencement date”

11 (1) Subject to sub-paragraph (2), in any of the preceding paragraphs “the relevant commencement date” means such day as the Secretary of State may by order appoint in relation to that paragraph; and different days may be so appointed for different purposes.

(2) If, in the case of any provision or provisions referred to in any of paragraphs 2, 3, 4, 7, 8 and 10 above which has or have not come into force before the commencement of this Act, an order under the Act in question has been made before that time appointing a day for the coming into force of that provision or those provisions, “the relevant commencement date”, in relation to that provision or those provisions, means the day so appointed.

TABLE OF DERIVATIONS

Notes:

1 This Table shows the derivation of the provisions of the Bill.

2 The following abbreviations are used in the Table:—

Acts of Parliament

Subordinate legislation

3 The abbreviation “Law Com. Rec. No.” followed by a number refers to a recommendation set out in the paragraph of that number in Appendix 1 to the Report of the Law Commission (Cm.3251).

4 By virtue of the Secretary of State for Education and Science Order 1964 (S.I. 1964/490) all the functions of the Minister of Education were transferred to the Secretary of State for Education and Science. By virtue of further Transfer of Functions Orders (S.Is.1970/1536, 1978/274 and 1995/2986) all the functions so transferred are now exercisable by the Secretary of State at large. The effect of these Orders is not separately acknowledged in the Table against each of the provisions affected.

5 The Table also does not separately acknowledge the provisions of general effect contained in the Criminal Law Act 1977 and the Criminal Justice Act 1982 which secure that, where the maximum fine that may be imposed on the commission of a summary offence was originally expressed as a particular amount (or one particular amount on a first conviction and another on subsequent convictions), the amount of the maximum fine is now a particular level on the standard scale.