Office of Public Sector Information
Section 202.
1 (1) The Secretary of State shall appoint five persons to be the University Commissioners (in this Schedule referred to as “the Commissioners”).
(2) The Secretary of State may appoint a person to fill the place of any Commissioner (including one appointed under this sub-paragraph) who dies, resigns or is removed from office.
(3) The name of every person appointed under sub-paragraph (2) above shall be laid before Parliament.
2 (1) A person may at any time by notice in writing to the Secretary of State resign his office as Commissioner.
(2) If the Secretary of State is satisfied that a Commissioner is unable or unfit to discharge the functions of a Commissioner the Secretary of State may by notice in writing to the Commissioner remove him from office.
3 (1) Subject to sub-paragraph (2) below, the Commissioners' duties and powers shall cease at the end of the period of three years beginning with the day on which section 202 of this Act comes into force.
(2) The Secretary of State may by order provide for the Commissioners' duties and powers—
(a) to cease at the end of such shorter period; or
(b) to continue for such longer period,
as may be specified in the order.
4 The Commissioners shall have power to do anything which appears to them necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular power to require any officer of a qualifying institution to furnish any information, or to produce any documents, relating to the institution or its instruments of government.
5 The Secretary of State may pay the Commissioners such remuneration as he may with the consent of the Treasury determine.
6 (1) The Commissioners may appoint such employees as they think fit.
(2) The Commissioners shall pay to or in respect of their employees such remuneration and allowances as they may determine.
(3) The employees of the Commissioners shall be appointed on such terms as the Commissioners may determine.
(4) A determination under sub-paragraph (2) or (3) above shall be ineffective unless made with the approval of the Secretary of State given with the consent of the Treasury.
7 The expenses of the Commissioners shall be defrayed by the Secretary of State.
8 (1) The Secretary of State shall appoint one of the Commissioners to be chairman; and if the person so appointed—
(a) ceases to be a Commissioner; or
(b) is absent from any meeting,
the Commissioners present at each meeting shall choose a chairman.
(2) The powers of the Commissioners may be exercised at a meeting at which two or more of them are present.
(3) The validity of any proceedings of the Commissioners is not affected by any vacancy among the Commissioners or any defect in the appointment of any Commissioner.
Section 237.
1 (1) Section 10 of the 1944 Act (requirements as to school premises) shall be amended as follows.
(2) In subsection (1), after the word “authorities” there shall be inserted the words “and of grant-maintained schools”.
(3) In subsection (2), after the words “maintained by them” there shall be inserted the words “or, in the case of a grant-maintained school, the duty of the governing body of the school to secure that the premises of the school”.
2 In section 48(4) of that Act (medical inspection and treatment of pupils)—
(a) after the words “education authority” there shall be inserted the words “or, in the case of pupils at a grant-maintained school, the duty of the governing body of the school”;
(b) after the words “the authority” there shall be inserted the words “or, as the case may be, to the governing body”.
3 Until the coming into force of paragraph 56 below, section 62(1) of that Act (training of teachers) shall have effect as if after the words “service in” there were inserted the words “grant-maintained schools and”.
4 (1) Section 67 of that Act (determination of disputes and questions) shall be amended as follows.
(2) In subsection (3) (determination of question whether religious education is in accordance with trust deed), after the word “voluntary” there shall be inserted the words “or grant-maintained”.
(3) In subsection (4) (determination of question whether proposed change in county or voluntary school is significant), for the words “or voluntary” there shall be substituted the words “voluntary or grant-maintained”.
5 In section 80(1) of that Act (registration of pupils at schools), after the words “governors thereof” there shall be inserted the words “and in the case of a grant-maintained school the governing body of the school”.
6 In section 81(a) of that Act (regulations empowering local education authorities to defray expenses of pupils at county, voluntary or special schools), after the words “voluntary schools” there shall be inserted the words “grant-maintained schools”.
7 (1) Section 114(1) of that Act (interpretation) shall be amended as follows.
(2) In the definition of “independent school”, after the words “not being a school maintained by a local education authority” there shall be inserted the words “a grant-maintained school”.
(3) In the definition of “school”, after the words “being a school maintained by a local education authority” there shall be inserted the words “a grant-maintained school”.
8 In section 2(b) of the Education (Miscellaneous Provisions) Act 1953 (power to require local education authority to defray expenses of establishing controlled school limited to case where accommodation would otherwise have been provided in some other voluntary school), for the words “voluntary school” there shall be substituted the words “school which is or was either—
(i) a voluntary school; or
(ii) a grant-maintained school which was or had been a voluntary school immediately before it became a grant-maintained school”.
9 In section 37(7) of the Charities Act 1960 (parochial charities), after the words “Act 1944” there shall be inserted the words “or of any grant-maintained school”.
10 A grant-maintained school shall be an exempt charity for the purposes of the Charities Act 1960, and paragraph (e) of Schedule 2 to that Act (institutions connected with institutions which are exempt charities for the purposes of that Act by virtue of the preceding provisions of that Schedule) shall apply in relation to an institution administered by or on behalf of a grant-maintained school as it applies in relation to an institution included in that Schedule above that paragraph.
11 (1) Subject to sub-paragraph (2) below, 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 governing body of any grant-maintained school.
(2) The provisions of sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act).
(3) An order under the said section 1(5) may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to the governing body of a grant-maintained school specified in the order.
12 In paragraph 6 of Schedule 1 to the Tribunals and Inquiries Act 1971 (tribunals under direct supervision of the Council on Tribunals), after paragraph (b) there shall be inserted the following paragraph—
“(c) appeal committees constituted for the purposes of section 58(5)(d) of the Education Reform Act 1988.”
13 In section 134 of the Local Government Act 1972 (use of schoolroom in parish or community), after the word “authority” in subsections (1) and (2) there shall be inserted the words “or of a grant-maintained school”.
14 In section 1 of the Education (Work Experience) Act 1973 (work experience in last year of compulsory schooling), after the word “authority” there shall be inserted the words “or, in the case of a child at a grant-maintained school, by the governing body of the school”.
15 In section 22 of the Sex Discrimination Act 1975 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 3 there shall be inserted the following paragraph—
| “3A. Grant-maintained school. | Governing body.” |
16 In section 25(6)(c)(i) of that Act (general duty in public sector of education) after “3”, there shall be inserted “3A”.
17 In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) after the words “the Education Act 1980” there shall be inserted the words “or section 89 of the Education Reform Act 1988”.
18 In section 17 of the Race Relations Act 1976 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 3 there shall be inserted the following paragraph—
| “3A. Grant-maintained school. | Governing body.” |
19 In section 19(6)(c)(i) of that Act (general duty in public sector of education) after “3”, there shall be inserted “3A”.
20 In section 5(1)(a) of the National Health Service Act 1977 (duty of Secretary of State to provide medical and dental services for pupils at schools maintained by local education authorities) after the word “authorities” there shall be inserted the words “or at grant-maintained schools”.
21 In paragraph 3 of Schedule 1 to that Act (duty of persons conducting schools to make accommodation available to Secretary of State for purposes of medical and dental services for pupils) for the words “and of the governors of voluntary schools” there shall be substituted the words “, of the governors of voluntary schools or (as the case may be) of the governing bodies of grant-maintained schools”.
22 In paragraph 1(1) of Schedule 8 to that Act (care of mothers and pre-school children), after the words “education authority” there shall be inserted the words “or grant-maintained schools”.
23 In section 29(1) of the Employment Protection (Consolidation) Act 1978 (persons holding certain offices to be allowed time off for public duties)—
(a) the word “or” at the end of paragraph (e) shall be omitted; and
(b) after that paragraph there shall be inserted the following paragraph—
“(ee) a member of the governing body of a grant-maintained school;”.
24 In section 22 of the 1980 Act (provision of meals and refreshments for pupils), after subsection (3) there shall be inserted the following subsection—
“(3A) Subsections (1) to (3) above apply in relation to pupils at a grant-maintained school and the governing body of the school as they apply in relation to pupils at a school maintained by a local education authority and the authority maintaining the school.”
25 Section 27 of that Act shall apply to any grant-maintained school; and subsections (2)(c) and (3)(c) of that section shall apply in relation to persons employed, and the employment or further employment of persons, by the governing bodies of grant-maintained schools in such work as is mentioned in subsection (2)(c) of that section as they apply respectively in relation to persons employed, and the employment or further employment of persons, in such work by local education authorities.
26 In section 2 of the 1981 Act (which imposes duties in relation to the provision of special education on governors of schools and on local education authorities)—
(a) in subsections (5) and (6)(a), after the words “voluntary school” there shall be inserted the words “or a grant-maintained school”; and
(b) in subsection (7), after the word “authority” there shall be inserted the words “or in a grant-maintained school”.
27 In section 15 of that Act (school attendance order relating to child with special educational needs), after subsection (6) there shall be inserted the following subsection—
“(7) Where the school to be named in the school attendance order in pursuance of a direction given by the Secretary of State under this section is a grant-maintained school, it shall be the duty of the governing body of the school to admit the child to the school.”
28 In section 16 of that Act (amendment and revocation of school attendance order relating to child with special educational needs), after subsection (5) there shall be inserted the following subsection—
“(6) Where, in pursuance of a direction given by the Secretary of State under this section, a school which is to be substituted for that named in the school attendance order is a grant-maintained school, it shall be the duty of the governing body of the school to admit the child to the school.”
29 (1) Section 40 of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on educational premises) shall be amended as follows.
(2) In subsection (2), after paragraph (a) there shall be inserted the following paragraph—
“(aa) of a grant-maintained school; or”.
(3) In subsection (4), for the words from “or special” to “governors” there shall be substituted the words “special agreement or grant-maintained school, by a person whom the governing body of the school”.
(4) In subsection (5), for the words from “school” to the end there shall be substituted the words “or grant-maintained school without first obtaining the consent of the governing body of the school”.
(5) In subsection (7), for the words from “or special” to “governors” there shall be substituted the words “special agreement or grant-maintained school may be brought by a person whom the governing body of the school”.
(6) In subsection (8), for the words from “school” to the end there shall be substituted the words “or grant-maintained school without first obtaining the consent of the governing body of the school”.
30 In section 95(2) of the Representation of the People Act 1983 (use of schools for parliamentary election meetings), for the words “and voluntary schools” there shall be substituted the words “voluntary schools and grant-maintained schools”.
31 In section 96(2)(a) of that Act (use of schools for local election meetings), for the words “or voluntary” there shall be substituted the words “voluntary or grant-maintained”.
32 In paragraph 1(1) of Schedule 5 to that Act (arrangements for use of school room for parliamentary election meetings), after the words “the school” there shall be inserted the words “or, in the case of a room in the premises of a grant-maintained school, with the governing body of the school”.
33 In section 4(1)(a) of the Building Act 1984 (exemption from building regulations for buildings required for purposes of school etc.), after the words “of that Act” there shall be inserted the words “or under section 90 of the Education Reform Act 1988”.
34 After sections 44 to 46 of the 1986 Act (which impose on the governing body and head teacher of a county, voluntary or maintained special school duties relating to sex education and the prevention of political indoctrination) there shall be inserted the following section—
Sections 44 to 46 of this Act shall apply in relation to the governing body and head teacher of, and the junior pupils and other pupils at, a grant-maintained school as they apply in relation to the governing body and head teacher of, and the junior pupils and other pupils at, a county, voluntary or maintained special school.”
35 In section 47(5)(a) of that Act (abolition of corporal punishment), after sub-paragraph (ii) there shall be inserted the following sub-paragraph—
“(iia) at a grant-maintained school; or”.
36 In section 49(3) of that Act (appraisal of performance of teachers), after paragraph (b) there shall be inserted the following paragraph—
“(ba) at any grant-maintained school;”
37 In section 62(1)(a) of that Act (access to papers etc. of governing bodies), after the word “voluntary” there shall be inserted the word “grant-maintained”.
38 (1) Section 3 of the Teachers' Pay and Conditions Act 1987 (power of Secretary of State to make provision for teachers' remuneration and other conditions of employment by order) shall be amended as follows.
(2) In subsection (5)(a), after the word “authority” there shall be inserted the words “or, in the case of a grant-maintained school, on the governing body of the school”.
(3) In subsection (5), after paragraph (g) there shall be inserted the following paragraph—
“(h) provide, in the case of grant-maintained schools, that to the extent specified in the order matters may be settled by agreement between, or in a manner agreed between, teachers in such schools and the governing bodies of such schools.”
(4) In subsection (6)(a), after the word “authorities” there shall be inserted the words “or, in the case off teachers in grant-maintained schools, by the governing bodies of such schools”.
39 In section 7(1) of that Act (interpretation), after the word “authority” in paragraph (a) of the definition of “school teacher” there shall be inserted the following paragraph—
“(aa) a teacher in a grant-maintained school;”.
40 In section 216(4) of the Town and Country Planning Act 1971 (procedure in anticipation of planning permission, etc.) for the words “a joint planning board or the Inner London Education Authority” there shall be substituted the words “or a joint planning board”.
41 In section 70 of the Local Government Act 1972 (restriction on promotion of Bills to change local government areas), for the words “Neither a” there shall be substituted the word “No”.
42 In section 78(2) of that Act (electoral arrangements: supplementary), for the words from “in paragraphs” to the end there shall be substituted the words “in Schedule 11 to this Act”.
43 In section 146A(1)(a) of that Act (miscellaneous powers of local authorities) for the words “local authorities” there shall be substituted the words “a local authority”.
44 In section 177(2) of that Act (allowances to members of local authorities: supplementary), for “(ab)” there shall be substituted “(ac)”.
45 In section 236(1) of that Act (byelaws), for the words from “a metropolitan” to “Education Authority” there shall be substituted the words “or a metropolitan county passenger transport authority”.
46 In section 238 of that Act (evidence of byelaws), for the words from “a metropolitan” to “Education Authority” there shall be substituted the words “or a metropolitan county passenger transport authority”.
47 In paragraph 22(3) of Schedule 13 to that Act (loans and other financial provisions), for the words from “and the Inner” to “county councils” there shall be substituted the words “and such an authority shall be treated as a county council”.
48 In section 72(1) of the Local Government, Planning and Land Act 1980 (expenditure which authorities may make) for the words “paragraphs (i) and (j)” there shall be substituted the words “paragraph (j)” and for the words “either of those paragraphs” there shall be substituted the words “that paragraph”.
49 In section 4(6) of the Broadcasting Act 1981 (certain provisions of that Act not to apply to programmes broadcast by local authorities etc.) for the words from “the Common Council” to the end there shall be substituted the words “and the Common Council of the City of London”.
50 In section 35(4) of the Representation of the People Act 1983 (returning officers for local elections), for “3A” there shall be substituted “3”.
51 In section 40(2) of that Act (timing as to local elections), for the words “the Local Government Act 1972 and Part III of the Local Government Act 1985” there shall be substituted the words “and the Local Government Act 1972”.
52 In section 1(1) of the Health Service Joint Consultative Committees (Access to Information) Act 1986 (interpretation), in the definition of “local authority” for the words from “the Common Council” to the end there shall be substituted the words “or the Common Council of the City of London”.
53 (1) Section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital) shall be amended as follows.
(2) In subsection (1)(c) for the words “or authority” there shall be substituted the words “of that local authority”.
(3) In subsection (9) the following definition shall be substituted for the definition of “the appropriate officer or authority”—
““the appropriate officer” of a local authority is such officer discharging functions of that authority in their capacity as a local education authority, or in Scotland an education authority, as may be appointed by the authority for the purposes of this section;”.
54 In section 53(1) of the 1944 Act (provision of facilities for recreation and social and physical training) for the words “or college” there shall be substituted the words “or other educational institution”.
55 (1) Section 55 of that Act (provision of transport and other facilities) shall be amended as follows.
(2) In subsection (1), for the words from “county colleges” to “area” there shall be substituted the words “at any institution maintained or assisted by them which provides higher education or further education (or both)”.
(3) In subsection (2), for the words from “or county college” to “aforesaid” there shall be substituted the words “or at any such institution as is mentioned in subsection (1) above”.
56 (1) Section 62 of that Act (duties of Secretary of State and local education authorities as to the training of teachers) shall be amended as follows.
(2) In subsection (1), for the words from “service in” to the end there shall be substituted the words “service in schools maintained by local education authorities, grant-maintained schools and institutions which are maintained by such authorities and provide higher education or further education (or both)”.
(3) Subsection (2) shall be omitted.
57 In section 77(1) of that Act (inspection of educational establishments), for the words from “a county college” to “by a local education authority” there shall be substituted the words “an institution within the PCFC funding sector or an institution which is maintained or assisted by a local education authority and provides higher education or further education (or both)”.
58 In section 80 of that Act (registration of pupils at schools), after subsection (1) there shall be inserted the following subsection—
“(1A) Without prejudice to the generality of subsection (1) of this section, the prescribed particulars shall include particulars of the name and address of every person known to the proprietor of the school to be a parent of a pupil at the school.”.
59 In section 90(1) of that Act (compulsory purchase of land by local education authorities), for the word “college” there shall be substituted the word “institution”.
60 In section 16(1) of the Education Act 1946 (interpretation) after the definition of “department” there shall be inserted the following definition—
““the principal Act” means the Education Act 1944;”.
61 In section 5(3) of the Education (Miscellaneous Provisions) Act 1948—
(a) in paragraph (a), for the words “a county college or other establishment for further education so maintained” there shall be substituted the words “an institution maintained by them which provides higher education or further education (or both)”; and
(b) for the words “college or other establishment”, in the second place where they occur, there shall be substituted the words “or institution”.
62 In section 10(2) of that Act (power of local education authorities to purchase land by agreement), for the words “college or other” there shall be substituted the word “or”.
63 Each of the following bodies, that is to say—
(a) the National Curriculum Council;
(b) the Curriculum Council for Wales; and
(c) the School Examinations and Assessment Council;
shall be an exempt charity for the purposes of the Charities Act 1960, and paragraph (e) of Schedule 2 to that Act (institutions connected with institutions which are exempt charities for the purposes of that Act by virtue of the preceding provisions of that Schedule) shall apply in relation to an institution administered by or on behalf of any of those bodies as it applies in relation to an institution included in that Schedule above that paragraph.
64 (1) Subject to sub-paragraph (2) below, a higher education corporation and any successor company to a higher education corporation (within the meaning of section 129(5) of this Act) shall be an exempt charity for the purposes of the Charities Act 1960.
(2) Sub-paragraph (1) above shall only apply in relation to any such successor company at a time when any institution conducted by the company is for the time being designated under section 129 of this Act.
(3) Paragraph (e) of Schedule 2 to that Act (institutions connected with institutions which are exempt charities for the purposes of that Act by virtue of the preceding provisions of that Schedule) shall apply in relation to an institution administered by or on behalf of—
(a) a higher education corporation; or
(b) any such successor company which is for the time being an exempt charity for the purposes of that Act by virtue of sub-paragraph (1) above;
as it applies in relation to an institution included in that Schedule above that paragraph.
65 In section 97(7) of the Factories Act 1961 (facilities for young employees to attend courses of further education) for the words “further education” there shall be substituted the words “post-school education”; and after that subsection there shall be inserted the following subsection—
“(7A) In subsection (7) above “post-school education” means—
(a) in England and Wales, “higher education” or “further education” within the meaning of the Education Act 1944; and
(b) in Scotland, “further education” within the meaning of the Education (Scotland) Act 1980.”
66 In Schedule 3 to the Veterinary Surgeons Act 1966 (treatment and operations which may be given or carried out by unqualified persons), in Part 1, for the words from “and in this paragraph “recognised institution”” to the end there shall be substituted the following paragraph—
“In the foregoing paragraph “recognised institution” means—
(a) as respects England and Wales—
(i) an institution maintained or assisted by a local education authority;
(ii) any other institution which provides higher education or further education (or both) and as respects which a grant is paid by the Secretary of State; or
(iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph;
(b) as respects Scotland—
(i) a further education college administered by an education authority;
(ii) a central institution within the meaning of the Education (Scotland) Act 1980; or
(iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; and
(c) as respects Northern Ireland, an agricultural college maintained by the Department of Agriculture for Northern Ireland;
and expressions used in paragraph (a) of this paragraph and in the Education Act 1944 have the same meanings as in that Act.”
Education Reform Act 1988