Office of Public Sector Information
PART VI continued
(1) Section 1 of the [1984 c. 11.] Education (Grants and Awards) Act 1984 (education support grants) is amended as follows.
(2) For “education support grants” and “education support grant”, in each place where one of those expressions appears, there is substituted “grants for education support and training” or, as the case may be, “grant for education support and training”.
(3) In subsection (3)(b) “not exceeding 70 per cent. of the expenditure so approved” is omitted.
(4) After subsection (4) there is inserted—
“(4A) Conditions and requirements determined under subsection (4)(b) and (c) above may include conditions and requirements obliging the local education authority to delegate decisions about the spending of—
(a) grant for education support and training, and
(b) amounts allocated by the authority to meet prescribed expenditure which is approved by the Secretary of State,
to such persons as may be determined by or in accordance with the regulations.”
(5) In section 3 of that Act (regulations), subsections (2) and (5) and, in subsection (3), the words “not being regulations to which subsection (2) above applies” are omitted.
(6) In section 50(1) of the [1986 c. 61.] Education (No. 2) Act 1986 (grants for teacher training, etc.)—
(a) for “local education authorities and other persons” there is substituted “persons other than local education authorities”, and
(b) for the words from the end of paragraph (a) to the end of the subsection there is substituted— “and
(b) such other classes of person as may be prescribed”.
(1) In section 51 of the Education (No. 2) Act 1986 (recoupment), for subsections (1) to (4) there is substituted—
“(1) The Secretary of State may by regulations provide, in relation to cases where any provision for education to which this section applies is made by a local education authority in respect of a person who belongs to the area of another such authority, for requiring or authorising the other authority to pay to the providing authority—
(a) such amount as the authorities may agree; or
(b) failing agreement, such amount as may be determined by or under the regulations.
(2) This section applies to primary, secondary and further education and to part-time education for those who have not attained the age of five years.
(3) The regulations may provide for the amounts payable by one authority to another—
(a) to reflect the whole or any part of the average costs incurred by local education authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas); and
(b) to be based on figures for average costs determined by such body or bodies representing local education authorities, or on such other figures relating to costs so incurred, as the Secretary of State considers appropriate.
(4) The regulations may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined by the Secretary of State.”
(2) In section 63 of that Act (orders and regulations)—
(a) in subsection (2) after “section” there is inserted “51 or”, and
(b) after that subsection there is inserted—
“(2A) No regulations may be made under section 51 of this Act unless a draft has been laid before and approved by resolution of each House of Parliament.”
In section 106(3) of the [1988 c. 40.] Education Reform Act 1988 (exceptions from the prohibition of charges in maintained schools) for paragraph (a) there is substituted—
“(a) tuition in playing any musical instrument, where the tuition is provided either individually or to a group of no more than four pupils; or”.
(1) The Secretary of State may—
(a) in the case of any aided school or special agreement school, or
(b) where proposals have been approved under section 13 of the [1980 c. 20.] Education Act 1980 (establishment etc. of voluntary schools) for a school or proposed school to be maintained as a voluntary school and the Secretary of State has made an order under section 15 of the [1944 c. 31.] Education Act 1944 (classification of schools) directing that the school be an aided school,
make grants to the governing body in respect of expenditure falling within subsection (2) below incurred by them.
(2) The expenditure referred to in subsection (1) above is expenditure in respect of the provision, alteration or repair of premises or equipment for the school or proposed school.
(3) The amount of any grant paid under this section to the governing body in respect of any such expenditure—
(a) shall not exceed 85 per cent. of the expenditure, and
(b) in the case of any prescribed class or description of such expenditure, shall be such as may be determined in accordance with regulations.
(4) The times at which, and the manner in which, payments are made in respect of grant under this section shall be such as may be determined from time to time by the Secretary of State.
(5) Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this section to make grants in respect of expenditure on—
(a) such alterations to school buildings as are referred to in section 15(3)(a) of the Education Act 1944 (alterations required by local education authority in order to comply with prescribed standards), and
(b) the repair of school buildings,
give priority to paying grant in respect of expenditure which is necessary for the performance by governing bodies of their duties; and the amount of any grant paid in the exercise of that power in respect of such expenditure on the repair of school buildings shall be 85 per cent. of the expenditure.
(6) A governing body to whom any payment is made in respect of grant under this section shall comply with such requirements determined by the Secretary of State as he may from time to time impose.
(7) Such requirements—
(a) may be imposed on or at any time after the making of any payment by reference to which they are imposed, and
(b) may at any time be waived, removed or varied by the Secretary of State.
(8) Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.
(9) That amount is—
(a) the amount of the payments made in respect of the grant under this section, or
(b) so much of the value of any premises or equipment in respect of which grant was paid under this section as is determined in accordance with the requirements to be properly attributable to the payment of such grant,
whichever is the greater.
(10) No such requirement as is referred to in subsection (8) above may be imposed where any payment is made in respect of grant under this section if—
(a) the grant is made in respect of the provision, alteration or repair of premises for a school or proposed school, and
(b) any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.
(11) No grant may be paid under this section—
(a) in respect of any expenses incurred in the provision of any premises which it is the duty of the local education authority to provide, or
(b) in the case of a special agreement school, in respect of expenses incurred in the execution of proposals to which the special agreement relates or of repairs or alterations for the execution of which provision is made by the agreement.
(12) In relation to a proposed school, the references in this section to the governing body, in relation to any time before such a body are constituted, are to the persons who propose to establish the school; and where requirements are imposed in relation to grant paid under this section to such persons, the governing body, when they are constituted, as well as those persons shall comply with the requirements.
(13) In this section “repair” does not include repair falling within section 15(3)(b) of the [1944 c. 31.] Education Act 1944 (repair for which governing body are not responsible).
(1) A local education authority may give to the governors of an aided or special agreement school such assistance as the authority think fit in relation to the carrying out by the governors of any obligation under—
(a) section 15(3)(a) of the [1944 c. 31.] Education Act 1944 (duty to defray certain maintenance expenses),
(b) paragraph 2 of the First Schedule to the [1946 c. 50.] Education Act 1946 (duty to defray expenses of providing school buildings on site to which school transferred under section 16 of the [1944 c. 31.] Education Act 1944), or
(c) section 13(5) of the [1980 c. 20.] Education Act 1980 (duty to implement proposal to alter, etc. school).
(2) In section 15 of the Education Act 1944, after subsection (4) there is inserted—
“(4A) For the purposes of subsection (4) of this section, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under subsection (3)(a) of this section if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).”
(3) In section 90 of the Education Act 1944 (compulsory purchase of land by local education authority) after subsection (1) there is inserted—
“(1A) The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).”
(4) In paragraph 2 of the First Schedule to the [1946 c. 50.] Education Act 1946, the existing provision becomes sub-paragraph (1) and after that sub-paragraph there is inserted—
“(2) For the purposes of paragraph (c) of sub-paragraph (1) of this paragraph, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under this paragraph if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).”
A local education authority may give to persons required under section 13(5) of the Education Act 1980 to implement proposals involving the establishment of a school such assistance as the authority think fit in relation to the carrying out by those persons of their obligations under that provision.
(1) Where assistance under section 282(1) or 283 of this Act consists of the provision of any premises for use for the purposes of a school, the local education authority shall convey their interest in the premises to the trustees of the school to be held on trust for the purposes of the school.
(2) If any doubt or dispute arises as to the persons to whom a local education authority are required to make a conveyance under subsection (1) above, the conveyance shall be made to such persons as the Secretary of State thinks proper.
(3) Where trustees make a disposal of an interest conveyed to them by a local education authority under subsection (1) above, they shall be liable to pay to that authority an amount equal to the net proceeds of the disposal.
(4) In subsection (3) above—
“disposal” includes part disposal, and
“net proceeds”, in relation to a disposal, means the amount accruing on the disposal less any expenditure reasonably incurred for the purposes of making it.
Subsection (2) of section 123 of the [1972 c. 70.] Local Government Act 1972 (which prohibits a local authority from making a disposal of land under that section below market value without the consent of the Secretary of State) shall not apply in the case of a disposal—
(a) to the governors of an aided or special agreement school, or
(b) to persons proposing to establish a school which is proposed to be maintained by a local education authority as a voluntary school and to be an aided school.
Section 3(4) of the [1968 c. 17.] Education Act 1968 (power of local education authority to provide, or assist in providing, temporary accommodation at voluntary school) shall cease to have effect.
(1) This section applies to endowments which are—
(a) regulated by an existing scheme under the Endowed Schools Acts 1869 to 1948 as applied by section 86(1) of the [1944 c. 31.] Education Act 1944 or by an order, whenever made, under section 2 of the [1973 c. 16.] Education Act 1973; and
(b) held under any such scheme or order on trusts which provide for capital or income or both to be applicable for or in connection with—
(i) the provision of religious education at relevant schools, or relevant schools of any description (but not only at a particular school or schools) in a diocese or other geographical area; or
(ii) the provision of premises for relevant schools, or relevant schools of any description (but not only at a particular school or schools) at which religious education is or is to be provided in a diocese or other geographical area;
but this section does not apply to an endowment if or in so far as it constitutes a religious education fund.
(2) The trustees of any endowments to which this section applies may, by resolution complying with subsection (6) below, adopt the uniform statutory trusts as the trusts on which those endowments are to be held.
(3) The uniform statutory trusts are those set out in Schedule 17 to this Act.
(4) On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order.
(5) The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6) below, consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity.
(6) For a resolution to comply with this subsection—
(a) it must be passed by a simple majority of the trustees or, if the trustees are a body corporate or a company, by a simple majority of the members of the body corporate or an ordinary resolution of the company; and
(b) it must be recorded in the records of the decisions of the trustees affecting the endowments of the trust.
(7) Where trustees pass a resolution under subsection (2) above it shall be their duty to send a copy of the resolution to the Secretary of State.
(8) The uniform statutory trusts applicable to endowments to which this section applies shall not affect—
(a) the rights of any person under the third proviso to section 2 of the [1841 c. 38.] School Sites Act 1841, section 86(3) of the [1944 c. 31.] Education Act 1944 or section 1 of the [1987 c. 15.] Reverter of Sites Act 1987 (rights replacing certain reversionary interests in land); or
(b) the rights of any local education authority which have arisen or may arise under paragraph 7 or 8 of the First Schedule to the [1946 c. 50.] Education Act 1946 (rights in relation to school sites provided by such authorities);
except in so far as any right falling within paragraph (a) above is extinguished by an order under section 2 of the [1973 c. 16.] Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987.
(9) In this section—
“company” means a company formed under the Companies Acts;
“the Companies Acts” means the [1985 c. 6.] Companies Act 1985, the [1948 c. 38.] Companies Act 1948 or any Act repealed by that Act of 1948;
“endowment” includes property not subject to any restriction on the expenditure of capital;
“existing” means in force on the day on which this section comes into force;
“provision”, in relation to premises, means provision by the purchase of a site, the erection of premises or the maintenance, improvement or enlargement of premises;
“relevant school” means a voluntary school or a grant-maintained school.
“religious education” means religious education in accordance with the tenets of a particular religion or religious denomination; and
“religious education fund” includes a Sunday school fund.
(10) In Schedule 17 to this Act as incorporated in any scheme or order—
“the area” means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be;
“relevant school” means a relevant school at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided; and
“the relevant trust assets” means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.
(1) Section 2 of the [1973 c. 16.] Education Act 1973 (special powers as to certain trusts for religious education) is amended as follows.
(2) In subsection (4), at the end (definition of “use for appropriate educational purposes”) there is inserted “including, in particular, but without prejudice to the generality of the foregoing words, use for any purpose specified in Schedule 17 to the Education Act 1993.”
(3) In subsection (3), after “dwelling-house” there is inserted “and may consolidate any endowments to be dealt with by the scheme”.
(4) After subsection (5) there is inserted—
“(5A) Where a scheme given effect under this section provides for the endowments dealt with by the order or any part of them to be used for the purposes specified in Schedule 17 to the Education Act 1993, any such scheme may provide for the endowments thereby dealt with or any part of them to be added to any existing endowment applicable for those purposes (whether it is so applicable by virtue of a scheme given effect under this section or otherwise).”
After section 3 of the [1991 c. 49.] School Teachers' Pay and Conditions Act 1991 (special provisions as to grant-maintained schools) there is inserted—
(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 12(1)(b) or, as the case may be, 13(1)(a) of the [1980 c. 20.] Education Act 1980, or
(b) in place of which a grant-maintained school is established in pursuance of proposals published under section 49 of the Education Act 1993,
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.”
(1) At the end of section 71 of the [1944 c. 31.] Education Act 1944 (independent schools: complaints) there is added—
“(4) If at any time the Secretary of State is satisfied that a person whose employment is prohibited or restricted by virtue of regulations under section 218(6) of the Education Reform Act 1988—
(a) is employed in a registered or provisionally registered school in contravention of those regulations, or
(b) is the proprietor of such a school,
he may order that the school be struck off the register or, as the case may be, that the Registrar is not to register the school.
(5) In this section, and in sections 72 and 73 of this Act, “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of nineteen years.”
(2) In sections 71(1)(d) and (2), 72(2)(e), (3) and (4) and 73(3) of that Act, after “teacher” in each place where it occurs there is inserted “or other employee”.
(3) In section 218 of the [1988 c. 40.] Education Reform Act 1988 (school etc. regulations)—
(a) at the end of subsection (6)(b) “or” is omitted,
(b) 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
(c) in subsection (12) after “section” there is inserted “other than in subsection (6)(d) above”.
In section 218 of the Education Reform Act 1988 (school etc. regulations), after subsection (2) there is inserted—
“(2A) The regulations 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; and such requirements shall have effect for the purposes of section 105 of this Act as requirements of the agreements under which the colleges are maintained.”
(1) In section 63 of the [1989 c. 41.] Children Act 1989 (children not to be cared for and accommodated in unregistered children’s homes) 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 189(1) of the Education Act 1993 (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 the Education Act 1944.”
(2) In section 70 of the [1944 c. 31.] Education Act 1944 (registration of independent schools) after subsection (4) there is inserted—
“(4A) Regulations made under subsection (4) above may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the Children Act 1989).”
(1) Section 47 of the [1986 c. 61.] Education (No. 2) Act 1986 (corporal punishment) is amended as follows.
(2) In subsection (1), after “pupil” there is inserted “to whom this subsection applies” and after that subsection there is inserted—
“(1A) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.
(1B) In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.”
(3) In subsection (5)—
(a) for the words preceding paragraph (a) there is substituted “Subsection (1) above applies to a pupil”, and
(b) for “but” there is substituted “and in this section “pupil””.
(1) Section 48A of the [1980 c. 44.] Education (Scotland) Act 1980 (corporal punishment) is amended as follows.
(2) In subsection (1), after “pupil” there is inserted “to whom this subsection applies” and after that subsection there is inserted—
“(1A) Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.
(1B) In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.”
(3) In subsection (5) for the words preceding paragraph (a) there is substituted “In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school.
(5A) Subsection (1) above applies to a pupil-”
(4) In subsection (8)(a) for “(5)(a)(iii)” there is substituted “(5A)(a)(iii)”.
(1) Where the Secretary of State by order provides for this section to apply to a local education authority, the functions of the authority shall include the supply by the authority of such goods or services as may be specified in the order to the governing bodies of grant-maintained or grant-maintained special schools in such area as may be so specified.
(2) The area specified in the order may not extend beyond the area which comprises—
(a) the area of the authority, and
(b) the area of any other local education authority which shares any boundary with the authority.
(3) The terms on which goods and services are supplied by a local education authority in the exercise of a function exercisable by virtue of this section shall be such as can reasonably be expected to secure that the full cost of exercising the function is recovered by the authority.
(4) This section may not apply to a local education authority after the expiry of the period of two years beginning when it first applies to the authority.
(5) This section is without prejudice to the generality of any other enactment conferring functions on local education authorities.
Section 6(2) of, and Part II of the First Schedule to, the [1944 c. 31.] Education Act 1944 (education committees) are omitted.
(1) Subsection (2) below applies to any local authorities which in accordance with section 102(1) of the [1972 c. 70.] Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities.
(2) The Secretary of State may by directions to any local authorities to which this subsection applies require every such committee, or any such committee of a description specified in the direction, to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts.
(3) Subsection (4) below applies to any two or more local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities.
(4) The Secretary of State may by directions to any local authorities to which this subsection applies require every such committee, or any such committee of a description specified in the direction, to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts or in such area as may be specified in the direction.
(5) The power of the Secretary of State to give directions under subsection (2) or (4) above shall be exercisable in relation to any sub-committees which are—
(a) appointed by the authorities concerned or any such committee as is mentioned in that subsection, and
(b) so appointed wholly or partly for the purpose of discharging the authorities' functions as mentioned in that subsection or the committee’s functions with respect to education,
as it is exercisable in relation to the committees themselves.
Education Act 1993