Office of Public Sector Information
(1) On 1st April 1990 the following shall cease to exist—
(a) the Inner London Education Authority (in this Part referred to as “ILEA”) and any education committee established by that Authority; and
(b) the Inner London Education Area.
(2) That date is in this Part referred to as the “abolition date”.
(1) On the abolition date each inner London council shall become the local education authority for its area, and references to a local education authority in the Education Acts 1944 to 1988 or in any other enactment shall be construed accordingly.
(2) In this Part, “inner London council” means the council of an inner London borough or (in their capacity as a local authority) the Common Council of the City of London.
(1) For the purpose of enabling it to discharge the functions conferred or imposed on it by or under the following provisions of this Part in connection with the abolition of ILEA, the London Residuary Body shall not be required in accordance with section 67 of the 1985 Act to submit to the Secretary of State a scheme for its winding up, but shall, subject to the provisions of this Part, continue in existence notwithstanding the completion of its work under that Act and the disposal of any of its functions, property, rights and liabilities to which that section applies.
(2) That section shall apply in relation to the London Residuary Body with the following modifications—
(a) references to its functions and work shall not apply to its functions and work under this Part;
(b) references to property, rights and liabilities shall not apply to property, rights and liabilities transferred to it, or held, acquired or incurred by it by virtue of, or in the exercise of any of its functions under, this Part; and
(c) in subsection (1)(b) the words “the winding up of the residuary body and” shall be omitted.
(3) In this Part “the 1985 Act” means the [1985 c. 51.] Local Government Act 1985.
(1) Not later than such date as the Secretary of State may direct each inner London council shall prepare and publish a plan (referred to in this section as a “development plan”)—
(a) describing the manner in which the council proposes to perform the functions of a local education authority for its area (in this Part referred to, in relation to each such council, as the council’s “LEA functions”); and
(b) giving the additional information required by subsection (2) below.
(2) A council’s development plan shall—
(a) list the property belonging to ILEA which, in the council’s opinion, needs to be transferred to it for the purpose of enabling it properly to perform its LEA functions;
(b) specify—
(i) all schools situated inside the council’s area which are currently maintained by ILEA; and
(ii) any schools situated outside the council’s area which are currently so maintained and which the council would wish to maintain in exercise of its LEA functions; and
(c) give particulars of the management structure (within the meaning of section 169 of this Act) which the council proposes to adopt for the purpose of the exercise of those functions.
(3) In preparing a development plan, a council shall—
(a) consult the local authorities for adjacent areas; and
(b) take into account any guidance given by the Secretary of State (whether as to the contents of the plan or as to consultation with any other persons, and whether as to such plans generally or as to the particular council’s plan).
(4) Guidance given by the Secretary of State for the purposes of subsection (3)(b) above shall be published in such manner as the Secretary of State thinks fit.
(5) A development plan shall be published in such manner as the council concerned considers likely to bring it to the attention of persons (both inside and outside its area) who may be affected by the performance by the council of its LEA functions, and the council shall make copies of the plan readily available, during office hours, to persons wishing to inspect it.
(1) The Secretary of State shall by an order or orders made at any time before the abolition date designate in relation to each inner London council—
(a) the ILEA maintained schools which it is to be that council’s duty to maintain; and
(b) the ILEA grant-maintained schools in respect of which functions exercisable by ILEA are to be exercisable instead by that council.
(2) The Secretary of State may by an order or orders so made designate in relation to any local education authority specified in the order (other than an inner London council)—
(a) any ILEA maintained school which it is to be that authority’s duty to maintain; or
(b) any ILEA grant-maintained school in respect of which functions exercisable by ILEA are to be exercisable instead by that authority;
and shall so designate any such school which is not designated by an order under subsection (1) above.
(3) For the purposes of this section—
(a) a school is an ILEA maintained school if it is a county, voluntary, nursery or special school maintained by ILEA; and
(b) a school is an ILEA grant-maintained school if it is a grant-maintained school which was maintained by ILEA immediately before it became a grant-maintained school.
(4) A school may be designated—
(a) in relation to a council by an order under subsection (1) above; or
(b) in relation to a local education authority by an order under subsection (2) above;
whether it is inside or outside the area of that council or authority.
(5) Subject to subsection (6) below, as from the abolition date each inner London council and any other local education authority shall maintain and, except in accordance with the Education Acts 1944 to 1988, shall not cease to maintain any school—
(a) which is designated in relation to that council or authority by an order under subsection (1)(a) or (2)(a) above; and
(b) which immediately before that date was maintained by ILEA.
(6) Any such council or authority may, with the consent of the Secretary of State, agree with any other local education authority for the maintenance by that authority of any school which by virtue of subsection (5) above would otherwise fall to be maintained by the council or the first-mentioned authority.
(7) Any functions which, immediately before the abolition date, were exercisable by ILEA in relation to, or in relation to registered pupils at, any school which is designated in relation to any such council or in relation to any other local education authority by an order under subsection (1)(b) or (2)(b) above shall, as from that date, be exercisable instead by that council or (as the case may be) by that authority.
(8) Where after the date on which an order under subsection (1) or (2) above is made any school designated under paragraph (a) of either of those subsections becomes a grant-maintained school, it shall be treated for the purposes of subsection (7) above as having been designated under paragraph (b) of subsection (1) or (2) (as the case may require).
(1) On the abolition date—
(a) any person appointed by ILEA as governor of any institution to which this subsection applies; and
(b) any person co-opted as governor of any such institution;
shall cease to hold office.
(2) Subsection (1) above applies to the following institutions—
(a) any school which immediately before the abolition date was maintained by ILEA; and
(b) any institution other than a school which immediately before that date was maintained or assisted by ILEA.
(3) On that date any person appointed by an inner London council as governor of a primary school by virtue of any provision included in the instrument of government of the school in accordance with section 7(1) of the 1986 Act (appointment of governor by minor authority) shall cease to hold office.
(4) On and after that date the instrument of government of any school to which that section applies shall have effect as if it made the provision that would have been required by section 3 of that Act if section 7(1) had not applied (and with the omission of any provision included by virtue of subsection (6)(a) of section 7).
(5) Neither subsection (1) nor subsection (3) above shall be taken as prejudicing any subsequent appointment or co-option as governor of the school or other institution concerned of a person who by virtue of that subsection ceases to hold office as governor of that school or institution.
(1) The Secretary of State may by an order or orders made at any time before the abolition date provide for the transfer to each inner London council of—
(a) such of the property, rights and liabilities of ILEA (other than excepted rights and liabilities) as, in his opinion, need to be so transferred for the purpose of enabling that council properly to perform its LEA functions; and
(b) such of the rights and liabilities of ILEA (other than excepted rights and liabilities) as, in his opinion, it is appropriate to transfer to that council for the purposes of or in connection with the exercise by that council by virtue of section 166 of this Act of functions in relation to, or in relation to registered pupils at, any grant-maintained school which were formerly exercisable by ILEA.
(2) The Secretary of State may by such an order or orders provide for the transfer to any local authority other than an inner London council of such of the property, rights and liabilities of ILEA (other than excepted rights and liabilities) as do not in his opinion fall to be transferred to such a council by virtue of subsection (1) above.
(3) Any transfer for which provision is made by order under this section may be on such terms, including financial terms, as the Secretary of State thinks fit and the Secretary of State may by order create or impose such new rights or liabilities in respect of what is transferred as appear to him to be necessary or expedient.
(4) The Secretary of State may by order confer on any inner London council or local authority to which property is transferred by or under the order any statutory functions which before the abolition date were exercisable in relation to that property by ILEA.
(5) In this section “excepted rights and liabilities” means rights and liabilities arising under contracts of employment between ILEA and its employees.
(1) References in this section to the management structure of an inner London council for the purpose of the exercise of its LEA functions are references to any aspect of the council’s organisation and its arrangements for managing its affairs in relation to the exercise of those functions which the Secretary of State determines ought to be subject to approval under this section with a view to securing the proper performance by the council of those functions during the initial period.
In this section “the initial period” means the period of five years beginning with the abolition date.
(2) The reference in subsection (1) above to a council’s organisation and its arrangements for managing its affairs in relation to the exercise of its LEA functions includes in particular its staffing arrangements and the determination of the duties to be performed by its employees concerned in the exercise of those functions.
(3) It shall be the duty of each inner London council to adopt and to maintain during the initial period a management structure for the purpose of the exercise of its LEA functions which is for the time being approved by the Secretary of State under this section.
(4) Such a council shall not before the end of the initial period make an appointment to which this subsection applies except after consultation with the Secretary of State.
(5) Subsection (4) above applies to the appointment of a person—
(a) to be the chief education officer of the council; or
(b) to any designated post forming part of the management structure of the council for the time being approved under this section.
(6) In subsection (5)(b) above “designated” means designated for the purposes of subsection (4) above by a direction given by the Secretary of State.
(7) For the purposes of the consultation required by subsection (4) above a council proposing to make an appointment to which that subsection applies shall send to the Secretary of State particulars showing the name, previous experience and qualifications of the persons from whom the council proposes to make a selection.
(8) If the Secretary of State is of opinion that any person whose name is submitted to him under subsection (7) above is not a fit person to hold the appointment in question, he may give a direction prohibiting that person’s appointment.
(1) The Secretary of State shall establish a staff commission for the purpose of—
(a) advising the Secretary of State on the steps necessary to safeguard the interests of the staff employed by relevant authorities so far as affected by any provision made by or under this Part;
(b) considering and keeping under review—
(i) the arrangements for the recruitment of staff by those authorities in consequence of any such provision; and
(ii) the arrangements for any transfer of the staff of those authorities in consequence of any such provision; and
(c) considering such staffing problems arising in consequence of, and such other matters relating to staff of any body affected by, any such provision as may be referred to the commission by the Secretary of State.
(2) The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to—
(a) the implementation of any advice given by the commission; and
(b) the payment by a relevant authority of any expenses incurred by the commission in doing anything requested by the authority;
and it shall be the duty of the commission and of a relevant authority to comply with any direction given to it under this subsection.
(3) Any expenses incurred by the staff commission under this section and not recovered from a relevant authority shall be paid by the Secretary of State.
(4) The relevant authorities for the purposes of this section are—
(a) ILEA and the inner London councils;
(b) the London Residuary Body; and
(c) any local authority other than an inner London council to which functions or property of ILEA will be or have been transferred by order under section 168 of this Act.
(1) If—
(a) ILEA proposes to fix for any employee or class of employees of ILEA a rate of remuneration greater than the rate for the time being applicable to that employee or class of employees; and
(b) the new rate is to take effect as from a date (“W”) falling after 30th September 1989;
ILEA shall notify each inner London council in writing of the proposal and the proposed date of increase.
(2) The employee or class of employees to whom any such proposal relates shall not be paid at the new rate—
(a) until the end of the period of four weeks beginning with the date immediately following the notification date; and
(b) where a complaint is made in accordance with subsection (3) below, unless payment at the new rate is authorised by the Secretary of State.
(3) Before the end of the period of two weeks beginning with the date immediately following the notification date, any three or more of the inner London councils may complain to the Secretary of State if they consider that the new rate is excessive having regard to levels of remuneration applicable in the case of persons employed by local authorities on work comparable to that on which the employee or class of employees concerned is employed.
(4) On receipt of such a complaint the Secretary of State—
(a) shall notify ILEA in writing of the complaint; and
(b) shall afford—
(i) to ILEA;
(ii) to each of the inner London councils; and
(iii) to such persons appearing to him to be representative of employees of ILEA as he considers appropriate in relation to the employee or class of employees concerned;
an opportunity of making representations to him with respect to the proposal.
(5) After considering any representations made to him under subsection (4)(b) above, the Secretary of State may—
(a) authorise payment at the new rate; or
(b) refuse to authorise such payment.
(6) The Secretary of State shall give written notification of his decision to ILEA, to each of the inner London councils, and to any other persons who made representations to him with respect to the proposal under subsection (4)(b) above.
(7) Subsection (8) below applies where by virtue of subsection (2) above the employee or class of employees to whom any proposal to which subsection (1) above relates is not paid at the new rate until after the proposed date of increase, and either—
(a) no complaint is made in accordance with subsection (3) above in respect of the new rate; or
(b) such a complaint is made but payment at the new rate is authorised by the Secretary of State.
(8) In any case to which this subsection applies, for the purpose of determining—
(a) the terms of any contract affected by section 172 of this Act; and
(b) any compensation payable in accordance with section 173 of this Act;
the employee or class of employees concerned shall be regarded as having been entitled under his or their contracts of employment with ILEA to remuneration at the new rate as from the proposed date of increase.
(9) In this section “the notification date” means, in relation to any proposal to which subsection (1) above applies, the date by which all the inner London councils have received notification of the proposal under that subsection.
(1) This section applies to any person who—
(a) immediately before the abolition date is in the service of ILEA under a contract of employment which would have continued but for the abolition of ILEA; and
(b) is designated for the purposes of this section by an order made by the Secretary of State.
(2) The contract of employment between a person to whom this section applies and ILEA shall not be terminated by the abolition of ILEA but shall have effect as from the abolition date as if originally made between him and such successor authority (“W”) as may be specified in relation to that person by the order designating him for the purposes of this section.
(3) Without prejudice to subsection (2) above—
(a) all ILEA’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred on the abolition date to the new employer; and
(b) anything done before that date by or in relation to ILEA in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the new employer.
(4) Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.
(5) An order under this section may designate a person either individually or as a member of a class or description of employees.
(6) In this section “successor authority” means—
(a) an inner London council;
(b) the London Residuary Body; and
(c) any local authority other than an inner London council to which functions or property of ILEA are transferred by order under section 168 of this Act.
(1) This section applies to any person who suffers loss of employment or loss or diminution of emoluments which—
(a) is attributable to any provision made by or under this Part; and
(b) occurs in the circumstances mentioned in subsection (2) below.
(2) Those circumstances are—
(a) in the case of loss of employment, the employment in question is employment with ILEA or the London Residuary Body and the loss is suffered on or after the abolition date; and
(b) in the case of loss or diminution of emoluments, the loss or diminution arises from the termination of the employment of the person concerned with ILEA or that Body and is suffered on or after such date as may be specified in regulations made for the purposes of this section under section 24 of the [1972 c. 11.] Superannuation Act 1972 (“W”).
(3) Compensation in respect of any such loss or diminution suffered by a person to whom this section applies shall, subject to subsection (4) below, be paid only in accordance with compensation regulations; and accordingly neither ILEA nor the London Residuary Body shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.
(4) Subsection (3) above shall not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him before 21st November 1987.
(5) Compensation regulations shall not provide compensation for a person to whom this section applies in respect of any such loss or diminution as is mentioned in subsection (1) above so far as attributable to the termination on or before the abolition date of a contract made after 17th February 1988 which provides for the employment of that person for a fixed term extending beyond the abolition date.
(6) For the purpose of determining under section 82(5) or (6) or 84(3) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978—
(a) whether the provisions of a new contract offered to a person employed by ILEA or the London Residuary Body differ from the corresponding provisions of his previous contract; and
(b) whether employment under the new contract is suitable in relation to that person;
there shall be treated as forming part of the remuneration payable under the new contract any compensation to which that person is or, if he accepted the offer, would be entitled in accordance with this section.
(7) Except as provided in subsection (6) above, nothing in this section shall be construed as affecting any entitlement to a redundancy payment under Part VI of the Act of 1978 mentioned above or to any payment by virtue of any provision of the Act of 1972 mentioned above other than section 24.
(1) This section applies to a person who at any time on or after such date as may be specified by order made by the Secretary of State ceases to be employed by ILEA or the London Residuary Body (his “W”) if—
(a) the termination of his employment is attributable to any provision made by or under this Part;
(b) he is subsequently employed by another person (his “W”); and
(c) by virtue of section 84, 94 or 95 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act.
(2) Where this section applies to a person Schedule 13 to that Act (computation of period of employment for the purposes of that Act) shall have effect in relation to that person as if it included the following provisions, that is to say—
(a) the period of employment of that person with his former employer shall count as a period of employment with his new employer; and
(b) the change of employer shall not break the continuity of the period of employment.
(3) Where this section applies to a person the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.
(1) If at any time after such date as may be specified for the purposes of this section by an order made by the Secretary of State (“W”) an inner London council proposes to engage a person who is currently in the employment of ILEA it shall, if reasonably practicable, enter into, or offer to enter into, a contract of employment with him that meets the requirements of subsection (2) below.
(2) The contract must be such that the employment of the person concerned by the council will or would take effect either immediately on the ending of his employment by ILEA or after an interval of not more than four weeks after the ending of that employment.
(3) If an inner London council enters into a contract of employment with a person who has received or is entitled to receive a redundancy payment under Part VI of the Employment Protection (Consolidation) Act 1978—
(a) by reason of his dismissal by ILEA at any time after the specified date; or
(b) by virtue of section 178(1) of this Act;
the council shall, if the Secretary of State so directs, pay to the London Residuary Body an amount equal to that payment.
(4) The Secretary of State shall not give a direction under subsection (3) above in respect of the employment of any person by an inner London council if the council satisfies him—
(a) that it could not reasonably have made that person an offer of employment on the terms and conditions of the contract mentioned in that subsection which, if accepted by him, would have precluded his entitlement to the redundancy payment; or
(b) that the council has made such an offer but that the person concerned acted reasonably in refusing it or that he could reasonably have refused such an offer if it had been made by the council.
(5) In any case in which an amount is payable by a council under subsection (3) above the council shall also pay to the London Residuary Body an amount equal to any compensation under the regulations referred to in section 173(2) of this Act which has been paid or is payable to the person concerned before the time when he enters into the contract.
(6) A former member of an inner London council shall not be disqualified by virtue of section 116 of the [1972 c. 70.] Local Government Act 1972 for being appointed by that council to a paid office if—
(a) he is, or at any time between the passing of this Act and the abolition date has been, in the employment of ILEA; and
(b) he is appointed not later than twelve months after that date and with the consent of the Secretary of State.
(7) For the purposes of subsection (2) above employment ending on a Friday or a Saturday shall be treated as ending immediately before the following Monday and the interval of four weeks shall be calculated as if any such employment had ended at that time.
(1) Subject to subsection (3) below, the Secretary of State may at any time by a direction require the London Residuary Body to provide, for the inner London councils and such other authorities or bodies or classes of authorities or bodies as may be specified in the direction, services or facilities of any description so specified.
(2) Any such direction shall specify the date (which must be a date falling on or after the abolition date) as from which the services or facilities in question are to be provided.
(3) The descriptions of services or facilities that may be so specified—
(a) must be services or facilities of a description provided by ILEA at the date of the direction or (where the direction is given on or after the abolition date) immediately before the abolition date; and
(b) subject to paragraph (a) above, include services or facilities of any description involving the provision for any council, authority or body of supplies required by them for the purposes of or in connection with the exercise of any of their functions (whether or not relating to education).
(4) It shall be the duty of the London Residuary Body to provide any services or facilities to which a direction under subsection (1) above relates—
(a) as from the date specified in the direction under subsection (2) above; and
(b) on such terms (including terms requiring the making of payments to the London Residuary Body by any council, authority or body to whom such services or facilities are provided) as may be specified in the direction.
(5) Any such direction may require such services or facilities to be provided on different terms for—
(a) the inner London councils and any other authorities or bodies or classes of authorities or bodies specified in the direction; and
(b) different authorities or bodies or classes of authorities or bodies so specified.
(6) Subject to subsection (7) below, the London Residuary Body may by agreement with one or more inner London councils, and on such terms as to payment or otherwise as the parties consider appropriate, provide the council or councils concerned with services or facilities of any description it would be within the power of the council or councils concerned to provide themselves in the exercise of any of their functions (whether or not relating to education).
(7) Any such agreement shall be subject to the approval of the Secretary of State.
Education Reform Act 1988