Office of Public Sector Information
Section 307.
1 Section 10 of the Children and Young Persons Act 1933 (vagrants preventing children from receiving education) is omitted.
2 In section 30(1)(a) of that Act (interpretation) for the words from “for the purposes” to the end of paragraph (a) there is substituted “over compulsory school age (construed in accordance with section 277 of the Education Act 1993)”.
3 The Education Act 1944 is amended as follows.
4 Section 1(1) (general duty of Secretary of State) is omitted.
5 In section 6(1) (local education authorities) the words from “Subject” to “Act” are omitted.
6 Section 9(5) (definition of special school) is omitted.
7 In section 15 (voluntary schools) for “the maintenance contribution payable by the Minister under this Act”, in subsections (2) and (5), there is substituted “grants under section 281 of the Education Act 1993”.
8 In section 16(1) (transfer of schools to new sites, etc), “any county school or” and the words following “the new site” are omitted.
9 In section 26(4)(a) (special provisions as to religious education in county schools) after “particular” there is inserted “religion or”.
10 Section 35 (compulsory school age) is omitted.
11 Sections 37 (school attendance orders), 39 (duty of parents to secure regular attendance of registered pupils) and 40 (enforcement of school attendance) are omitted.
12 In section 50 (provision of board and lodging otherwise than at school)—
(a) in subsection (1) “by them” is omitted, and
(b) in subsection (2) after “with respect to the” there is inserted “religion or”.
13 In section 52 (recovery of cost of board and lodging otherwise than at school), in paragraph (a) of the proviso to subsection (1), “by the authority” is omitted.
14 In section 54 (power to ensure cleanliness)—
(a) in subsection (1) after “by them” there is inserted “and grant-maintained schools within their area”,
(b) in subsection (6) after “authority” there is inserted “or at a grant-maintained school”, and
(c) in subsection (7)—
(i) after “by the authority” there is inserted “or at a grant-maintained school within the area of the authority”, and
(ii) for “this Act” there is substituted “Part IV of the Education Act 1993”.
15 In section 55 (transport), at end of subsection (3) there is added “and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres”.
16 Section 56 (power to provide education otherwise than at school) is omitted.
17 In section 58 (adaptation of enactments relating to employment of children) “for the purposes of this Act” is omitted.
18 In section 63(2) (exemption from local Acts and byelaws of buildings approved by the Secretary of State) after “plans for” there is inserted “or particulars in respect of”.
19 That subsection shall have effect as if the reference to plans approved by the Secretary of State included particulars given in pursuance of section 151(2)(b) of this Act.
20 In section 76 (pupils to be educated in accordance with the wishes of their parents)—
(a) for “this Act” there is substituted “the Education Acts 1944 to 1993”, and
(b) before “and local education authorities” there is inserted “the funding authorities”.
21 In section 80(1) (registration of pupils at schools) after “to the Secretary of State” there is inserted “to the funding authorities”.
22 Sections 102 and 103 (contributions and grants by Secretary of State to aided and special agreement schools) are omitted.
23 In section 105 (power of Secretary of State to make loans to aided and special agreement schools in respect of initial expenditure)—
(a) in subsection (2)—
(i) in paragraph (c)(i) after “premises” there is inserted “or on a transfer of the school to a new site” and for “a maintenance contribution” there is substituted “grants under section 281 of the Education Act 1993”,
(ii) in paragraph (c)(iii) for the words from “which” to the end there is substituted “being expenses in respect of which grants under section 281 of the Education Act 1993 may be paid”,
(iii) paragraph (d) is omitted, and
(iv) in the words following that paragraph, “maintenance contribution” is omitted and for “either of the last two foregoing sections” there is substituted “section 281 of the Education Act 1993”, and
(b) in subsection (3) after “representative of any” there is inserted “religion or”.
24 In section 114 (interpretation)—
(a) in subsection (1)—
(i) for the definition of “compulsory school age” there is substituted—
““Compulsory school age” shall be construed in accordance with section 277 of the Education Act 1993”,
(ii) in the definition of “registered pupil”, for “pupil registered as such” there is substituted “person registered as a pupil”,
(iii) in the definition of “secondary school”, “primary or” is omitted, and
(iv) in the definition of “special educational needs” and “special educational provision”, for “1 of the Education Act 1981” there is substituted “156 of the Education Act 1993”, and
(b) for subsection (1E)(b) there is substituted—
“(b) sections 25 to 27, 29, 37, 60, 63 and 65 of the Education Act 1993, paragraph 9 of Schedule 6 to that Act and Schedule 7 to that Act”.
25 In section 116 (saving as to persons of unsound mind and persons detained by order of a court) after “this Act” there is inserted “or by or under the Education Act 1993”.
26 In the First Schedule (local administration) Part I is omitted.
27 In the Fifth Schedule (procedure for preparing and bringing into operation an agreed syllabus of religious education)—
(a) in paragraph 2(a) for “and other religious denominations” there is substituted “denominations and other religions and denominations of such religions”,
(b) in the proviso to paragraph 2 for “to represent other religious denominations” there is substituted “under sub-paragraph (a) above”,
(c) in paragraph 3 before “denomination”, in each place, there is inserted “religion”, and
(d) in paragraph 4—
(i) for “religious” there is substituted “religion”, and
(ii) for the words from “vacancy occurs” to the end there is substituted “person resigns or is withdrawn from the committee the authority shall appoint someone in his place in the same manner as that in which they made the original appointment”.
28 In the Eighth Schedule (amendment of enactments), the entry relating to section 10 of the Children and Young Persons Act 1933 is omitted.
29 In the First Schedule to the Education Act 1946 (maintenance of voluntary schools), in paragraph 2, for “section one hundred and three of the principal Act” there is substituted “section 281 of the Education Act 1993”.
30 Section 9 of the Education (Miscellaneous Provisions) Act 1948 (presumption of age in proceedings to enforce attendance at school) is omitted.
31 In section 6(2) of the Education (Miscellaneous Provisions) Act 1953 (payment of tuition and boarding fees for pupils at non-maintained schools)—
(a) for “the Education Act 1981” there is substituted “Part III of the Education Act 1993”,
(b) for “not maintained by them or another local education authority” (in both places) there is substituted “which is not a maintained school”,
(c) for “schools maintained by them and schools maintained by other local education authorities” there is substituted “maintained schools”,
(d) for “provided by them” in paragraphs (a)(ii) and (b) there is substituted “provided”,
(e) paragraph (a)(iii) is omitted, and
(f) at the end there is added— “and in this subsection “maintained school” means any school maintained by a local education authority and any grant-maintained or grant-maintained special school, and paragraph (b) does not apply where section 190(2) of the Education Act 1993 applies”.
32 Section 10 of that Act (amendment of procedure for making school attendance orders) is omitted.
33 In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) for “for the purposes of the Education Act 1944” there is substituted “(construed in accordance with section 277 of the Education Act 1993)”.
34 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there are inserted at the appropriate places—
“Curriculum Council for Wales”,
“Funding Agency for Schools”,
“School Curriculum and Assessment Authority”, and
“Schools Funding Council for Wales”.
35 In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “1953” there is substituted “1993”.
36 In section 176(1) of the Factories Act 1961 (general interpretation) for the definition of “child” there is substituted—
““child” means any person who is not over compulsory school age (construed in accordance with section 277 of the Education Act 1993) or over school age for the purposes of the Education (Scotland) Act 1946”.
37 Section 9 of the Education Act 1962 (school leaving dates in England and Wales) is omitted.
38 (1) Section 1 of the Education Act 1964 (middle schools) is amended as follows.
(2) In subsection (1), after “1980” there is inserted “proposals with respect to a grant-maintained school or proposed grant-maintained school are submitted to the Secretary of State under sections 48, 49, 96 or 97 of the Education Act 1993 or proposals with respect to a county school are published under section 272 of that Act”.
(3) In subsection (3), for “1962” there is substituted “1993”.
39 Section 1 of the Education Act 1967 (extended powers of Secretary of State to make contributions etc.) is omitted.
40 In Schedule 3 to the Criminal Justice Act 1967 (increase of fines), the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944 are omitted.
41 In section 1(1) of the Education Act 1968 (changes to character, size or situation of schools) for “1967” there is substituted “1993”.
42 Paragraphs 2 and 13 of Schedule 5 to the Children and Young Persons Act 1969 (minor and consequential amendments of enactments) are omitted.
43 (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 School Curriculum and Assessment Authority and the Curriculum Council for Wales.
(2) The provision in sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).
44 At the end of Schedule 1 to the Local Authority Social Services Act 1970 (enactment conferring functions assigned to social service committee) there is added— “Education Act 1993.
Help for local education authority in exercising functions under Part III of the Act”.
Section 166.
45 In section 1(1)(b) of the Education (Handicapped Children) Act 1970 (mentally handicapped children) for the words from “for purposes” to the end of paragraph (b) there is substituted “of compulsory school age (construed in accordance with section 277 of the Education Act 1993)”.
46 Employment with a funding authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—
“The Funding Agency for Schools.
The Schools Funding Council for Wales.”
47 A funding authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to paragraph 46 above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
48 Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 5 of Schedule 1 to this Act).
49 Section 101(9)(a) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) is omitted.
50 In section 104(2)(a) of that Act (teachers not disqualified for being members of committees) for “for the purposes of the enactments relating to education” there is substituted “wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities”.
51 Section 1(2)(b) of the Education Act 1973 (general provisions as to educational trusts) is omitted.
52 In section 2 of that Act (special powers as to certain trusts for religious education)—
(a) in subsection (1)(a) after “particular” there is inserted “religion or”,
(b) in subsection (1A)(b)—
(i) before “denomination” there is inserted “religion or”, and
(ii) for “85 or 86 of the Education Reform Act 1988” there is substituted “ 139 or 140 of the Education Act 1993”,
(c) in subsections (1C), (2) and (4) before “denomination”, in each place where it occurs, there is inserted “religion or”, and
(d) in subsection (9) for “1971” there is substituted “1993”.
53 In section 29(2)(a) of the Matrimonial Causes Act 1973 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “(construed in accordance with section 277 of the Education Act 1993)”.
54 In section 1(4) of the Education (Work Experience) Act 1973 (interpretation)—
(a) for “1973” there is substituted “1993”, and
(b) for the words from “by virtue of” to the end there is substituted “he would cease to be of compulsory school age”.
55 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—
(a) there are inserted at the appropriate places—
“Any member of an education association in receipt of remuneration”,
“Any member of the Funding Agency for Schools in receipt of remuneration”, and
“Any member of the Schools Funding Council for Wales in receipt of remuneration”, and
(b) for the entry relating to the National Curriculum Council there is substituted—
“Any member of the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993 in receipt of remuneration”.
56 In section 23(1) of the Sex Discrimination Act 1975 (other discrimination by local education authorities) for “1981” there is substituted “1993”.
57 After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—
It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination.”
58 In section 24(2)(d) of that Act (designated establishments) after “school age” there is inserted “(construed in accordance with section 277 of the Education Act 1993)”.
59 In section 25 of that Act (general duty in public sector of education)—
(a) in subsections (2) and (4) for “and 23” there is substituted “23, 23A and 23C”, and
(b) after subsection (6)(d) there is added—
“(e) the Funding Agency for Schools and the Schools Funding Council for Wales.”.
60 In section 82(1) of that Act (general interpretation) the definition of “upper limit of compulsory school age” is omitted.
61 In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for “89 of the Education Reform Act 1988” there is substituted “ 96 of the Education Act 1993”.
62 (1) Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.
(2) Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—
(a) paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and
(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.
(3) Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—
(a) if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and
(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,
and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.
(4) Where proposals made by the Secretary of State under section 234 of this Act—
(a) are for a school to cease to be an establishment which admits pupils of one sex only, and
(b) have effect as mentioned in section 236(3) of this Act,
the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.
(5) Where—
(a) by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and
(b) the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),
paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.
(6) In this paragraph—
“responsible body” has the same meaning as in section 22 of the 1975 Act,
“the 1975 Act” means the Sex Discrimination Act 1975, and
“transitional exemption order” has the same meaning as in section 27 of the 1975 Act,
and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).
63 The Education (School-leaving Dates) Act 1976 is repealed.
64 In section 18(1) of the Race Relations Act 1976 (other discrimination by local education authorities) for “1981” there is substituted “1993”.
65 After section 18B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted—
It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes racial discrimination.”
66 In section 19 of that Act (general duty in public sector of education)—
(a) in subsections (2) and (4) for “and 18” there is substituted “18, 18A and 18C”, and
(b) after subsection (6)(d) there is added—
“(e) the Funding Agency for Schools and the Schools Funding Council for Wales.”.
67 In section 78(1) of that Act (general interpretation) the definition of “upper limit of compulsory school age” is omitted.
68 In Schedule 6 to the Criminal Law Act 1977 (increase of fines for certain summary offences) the entry relating to the Education Act 1944 is omitted.
69 In section 28A(2) of the National Health Service Act 1977 (power to make payments to local education authority) for “1981” there is substituted “1993”.
70 In paragraph 1(a)(ii) of Schedule 1 to that Act (medical and dental inspection and treatment of pupils etc.) for the words from “special arrangements” to “1981” there is substituted “section 163 or 298 of the Education Act 1993”.
71 In section 5(2)(a) of the Domestic Proceedings and Magistrates' Courts Act 1978 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “(construed in accordance with section 277 of the Education Act 1993)”.
72 The Education Act 1980 is amended as follows.
73 In section 7 (appeals against admission decisions) after “functions” there is inserted “(other than a decision leading to or embodied in a direction under section 13 of the Education Act 1993)”.
74 In section 9(2) (nursery schools and special schools) for “7 of the Education Act 1981” there is substituted “168 of the Education Act 1993”.
75 Sections 10 (determination of school to be named in school attendance order) and 11 (amendment of school attendance order) are omitted.
76 In section 13(1) (establishment and alteration of voluntary schools) “after consultation with the authority” is omitted.
77 In section 14 (approval of school premises)—
(a) in subsection (1)(c), after “school” there is inserted “or the transfer of a school to a new site”, and
(b) subsection (4) is omitted.
78 In section 16 (provisions supplementary to sections 12 to 15), after subsection (1) there is inserted—
“(1A) Subsection (1) above does not apply to the transfer of a school to a new site—
(a) if the transfer is authorised by an order under section 16(1) of the Education Act 1944,
(b) if at the time of transfer the school is intended to return to the existing site within three years, or
(c) if in the case of a county school the new site is in the same area and the local education authority are satisfied that it is expedient that the school should be transferred to the new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the prescribed standards or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning.”
79 In section 22 (school meals) after subsection (4) there is inserted—
“(4A) Where the governing body of a school which has a delegated budget within the meaning of Chapter III of Part I of the Education Reform Act 1988 provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they—
(a) must charge for anything so provided,
(b) must charge every pupil the same price for the same quantity of the same item, and
(c) must charge every person other than a pupil the same price for the same quantity of the same item.”
80 Paragraph 10 of Schedule 1 (school government: consequential amendments) is omitted.
81 In paragraph 1(3) and (4) of Schedule 2 (constitution of appeal committees) “or of any education committee of the authority”, in each place where it occurs, is omitted.
82 The Education Act 1981 is repealed except for sections 2(1), 11(1) and 17, the definition of “principal Act” in section 20(1), sections 20(2) and (3) and 21, paragraph 1 of Schedule 2, paragraphs 3, 4, 6, 7, 8(1) and (2)(b) and (d), 11, 12 and 14 of Schedule 3 and Schedule 4.
83 In paragraph 22(1)(i) of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) after “authority” there is inserted “a grant-maintained school”.
84 In Note (2) of Group 6 of Schedule 6 to the Value Added Tax Act 1983 (meaning of “school” for purposes of determining whether provision of education is an exempt supply) for “1981” there is substituted “1993”.
85 In section 1(6) of the Registered Homes Act 1984 (requirement of registration: independent schools) for “11(3)(a) of the Education Act 1981” there is substituted “ 189(1) of the Education Act 1993”.
86 In section 4(1)(a) of the Building Act 1984 (exemption of educational buildings etc.) for the words from “plans” to the end there is substituted—
“(i) plans that have been approved by the Secretary of State,
(ii) particulars submitted and approved under section 14 of the Education Act 1980 or under regulations made under section 218(7) of the Education Reform Act 1988,
(iii) particulars approved or adopted under section 51, 99 or 185 of the Education Act 1993, or
(iv) particulars given in a direction under section 151 of that Act.”
Education Act 1993