Office of Public Sector Information
SCHEDULE 19 continued
87 In section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education)—
(a) in subsection (1)(a) after “1981” there is inserted “or 168 of the Education Act 1993”,
(b) in subsection (8)—
(i) for “4 of Schedule 1 to the Education Act 1981” there is substituted “7 of Schedule 10 to the Education Act 1993”, and
(ii) for “made under section 7” there is substituted “maintained under section 168”, and
(c) in subsection (9) for “the Education Act 1981” there is substituted “Part III of the Education Act 1993”.
88 The Education (No. 2) Act 1986 is amended as follows.
89 In section 5(4)(b) (appointment of parent governors by governing body) the words after “by the authority” are omitted.
90 In section 9(5) (grouping)—
(a) at the end of paragraph (a) there is inserted “or
(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)”,
and “or” at the end of sub-paragraph (ii) is omitted, and
(b) paragraph (b) is omitted,
and that section shall have effect as if the transfer of a school to a new site in pursuance of section 16(1A)(c) of the [1980 c. 20.] Education Act 1980 were an alteration of a kind mentioned in subsection (5) of that section.
91 In section 11 (reviews)—
(a) after subsection (2)(a)(iii) there is inserted “or
(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools)”,
and “or” at the end of sub-paragraph (ii) is omitted,
(b) subsection (2)(b) is omitted,
(c) in subsection (2)(c) “or (b)” is omitted,
(d) in subsections (3) and (6), for “(b)” there is substituted “(iv)”, and
(e) subsection (7) is omitted.
92 In section 12 (temporary governing bodies)—
(a) in subsection (1)(a) after “the 1980 Act” there is inserted “or section 184 of the Education Act 1993”,
(b) in subsection (2)(a)(i) after “school” there is inserted “or a new school which is specially organised to make special educational provision for pupils with special educational needs”,
(c) subsection (3) is omitted, and
(d) in subsection (4) after “published” there is inserted “or, as the case may be, notice of the proposal has been duly served”.
93 In section 13 (effect of change of circumstances), in subsection (2), “or (b)” is omitted.
94 In section 18 (review of curriculum), for subsection (7)(b) there is substituted—
“(b) the implementation of any proposal under section 183 of the Education Act 1993 (establishment, alteration and discontinuance of maintained special schools)”.
95 In section 22 (discipline), in paragraph (a)(ii) after “behaviour” there is inserted “and respect for others”.
96 In section 23 (exclusions) “or indefinite” in paragraphs (a)(ii) and (b) is omitted.
97 In section 24 (reinstatement in county etc. schools)—
(a) in paragraph (a)(i), for “after consulting the governing body” there is substituted “(after giving the governing body an opportunity to express their views and after considering any views expressed within the prescribed period by the governing body)”,
(b) in paragraph (b), for “an exclusion which is for an indefinite period or is permanent” there is substituted “permanent exclusion”,
(c) paragraphs (c) and (e) are omitted, and
(d) in paragraph (f), “or (c)” is omitted.
98 In section 25 (reinstatement in aided etc. schools)—
(a) in paragraph (c), for “consult the governing body” there is substituted “give the governing body an opportunity to express their views and to consider any views expressed within the prescribed period by the governing body”, and
(b) paragraphs (d), (e) and (f) are omitted.
99 Regulations may provide that, where a local education authority or governing body of a school are required under section 24 or 25 of that Act to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.
100 In section 38 (duties of local education authority and governing body in relation to appointment of staff)—
(a) in subsection (4)(c) the words after “to the post” are omitted, and
(b) in subsection (6)(b) “or (4)(c)(ii)” is omitted,
and any provision made by virtue of subsection (4)(c)(ii) of that section in the articles of government for any county, controlled, special agreement or maintained special school shall cease to have effect.
101 In section 47 (abolition of corporal punishment)—
(a) in subsection (5)(b), for the words from “primary” (where first mentioned) to “full-time” there is substituted “education”, and
(b) at the end of subsection (6)(b) there is added “or by the funding authority or a local education authority under paragraph 9 or 10 of Schedule 2 to the Education Act 1993”.
102 In section 50 (grants for teacher training, etc.)—
(a) in subsection (2)(b) for “capacity as an employee of the kind in question” there is substituted “employment”, and
(b) the following are omitted—
(i) in subsection (3)(c) “local education authorities, and other”, and
(ii) subsection (4).
103 In section 51 (recoupment)—
(a) in subsection (8) for the words from the beginning to “references to” there is substituted “The reference in subsection (2) above to further education does not include a reference to”,
(b) subsection (9) is omitted,
(c) in subsection (10) for “pupil” there is substituted “person”,
(d) in subsection (11) for “this section” there is substituted “the regulations”, and
(e) subsection (13) is omitted.
104 In section 52 (recoupment: cross-border provisions) for subsection (2) there is substituted—
“(2) Section 51(3) and (4) of this Act applies for the purposes of this section as it applies for the purposes of that”.
105 In section 54(12) (change of status of controlled school to aided school) paragraph (f) is omitted.
106 In section 58(1) (travelling and subsistence allowances for governors), in paragraph (a) for “county, voluntary and maintained special schools” there is substituted “any county, voluntary or maintained special school which does not have a delegated budget (construed in accordance with section 33(6)(b) of the Education Reform Act 1988)”.
107 In section 63 (orders and regulations)—
(a) in subsection (3) for “or different circumstances” there is substituted “circumstances or areas”, and
(b) subsection (4) is omitted.
108 In section 65(1) (interpretation) the definition of “the 1981 Act” is omitted.
109 Schedule 2 (new schools) is amended as follows—
(a) in paragraph 2(1)(b) for “section 4” there is substituted “sections 4 and 4A”,
(b) in paragraph 2(2)—
(i) after “4” there is inserted “4A”, and
(ii) paragraph (b) is omitted,
(c) in paragraph 5(2), for “12(3) or (4)” there is substituted “12(4)” and in paragraph (b) the words after “proposal” are omitted,
(d) in paragraph 7(7) the words after “by the authority” are omitted, and
(e) in paragraph 9 after “Any person” there is inserted “other than a person who is to be named in the instrument of government as a sponsor of the school”.
110 Section 1(1)(j) of the Local Government Act 1988 (defined authorities) is omitted.
111 In Schedule 2 to that Act the words from “A joint education committee” to “1944” are omitted.
112 The Education Reform Act 1988 is amended as follows.
113 In section 3(3) (foundation subjects and key stages)—
(a) for “and (5)” there is substituted “(5) and (5A)”, and
(b) in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age”.
114 In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “138 to 140 of the Education Act 1993”.
115 In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “religion or”.
116 In section 11 (standing advisory councils on religious education)—
(a) in subsection (4)(a) for “and other religious denominations” there is substituted “denominations and other religions and denominations of such religions”, and
(b) at the end of that section there is added—
“(13) The council shall send a copy of each report published by them under subsection (9) above—
(a) in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and
(b) in the case of a council for an area in Wales, to the Curriculum Council for Wales.”
117 In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “religion”.
118 Section 14 (establishment of curriculum and assessment councils) is amended as follows—
(a) in subsection (2) for “Each” there is substituted “The”,
(b) in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education”, and at the end of paragraph (c) there is inserted—
“(ca) to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,
(c) in subsection (5) for “a” there is substituted “the”,
(d) in subsection (6) for “each” there is substituted “the”, and
(e) in subsection (7) for “each” there is substituted “the”.
119 In section 16 (development work and experiments)—
(a) in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “appropriate curriculum authority”, and
(b) at the end there is added—
“(6) In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.
120 In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “168 of the Education Act 1993”.
121 In section 19 (temporary exceptions for individual pupils)—
(a) in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “168 of the Education Act 1993”, and
(b) in subsection (6) for “5 of the 1981 Act” there is substituted “167 of the Education Act 1993”.
122 (1) Section 20 (procedure for making certain orders: England) is amended as follows.
(2) In subsection (2), for “National Curriculum Council” there is substituted “School Curriculum and Assessment Authority”.
(3) For “the Council”, in each place where it occurs, there is substituted “the Authority”.
123 In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “paragraph 8 of Schedule 6 to the Education Act 1993”.
124 In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “245(1) of the Education Act 1993”.
125 In section 36 (delegation to governing body of management of school’s budget share)—
(a) in subsection (4) after “of this Act” there is inserted “and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training)”, and
(b) after subsection (5A) there is inserted—
“(5B) Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”
126 Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).
127 In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993”.
128 In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993”.
129 In section 111 (charges for board and lodging at boarding schools)—
(a) in subsection (1), for the words from “at the expense of” to the end there is substituted “there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging”,
(b) in subsection (2), for paragraph (b) and the words following it there is substituted—
“(b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,
then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school”,
(c) for subsection (3)(b) there is substituted—
“(b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,
(d) subsection (4) is omitted, and
(e) in subsection (5)—
(i) for “a local education authority” there is substituted “the local education authority for the pupil’s area”, and
(ii) in paragraph (b), after “payable” there is inserted “to another local education authority or” and “provided under arrangements made by the authority” is omitted.
130 In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.
131 In section 163(1) (new education authorities for inner London) for “1988” there is substituted “1993”.
132 In section 166(5) (responsibility for schools) for “1988” there is substituted “1993”.
133 In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “1993”.
134 In section 198 (transfers under Parts I and II)—
(a) in subsection (1)—
(i) “74” is omitted, and
(ii) after “of this Act” there is inserted “or section 38 of the Education Act 1993”, and
(b) in subsection (4) after “under this Act” in each place there is inserted “or under the Education Act 1993”.
135 Section 200 (grant-maintained schools: school property) is omitted.
136 In section 218(7) (school etc. regulations) after “approval” there is inserted “or, in such cases as may be prescribed, the approval of the funding authority”.
137 In section 230 (stamp duty) the following are omitted—
(a) in subsection (1) the words from “section 74” to “96(2)”, and
(b) subsections (2), (3) and (4)(b).
138 In section 232 (orders and regulations)—
(a) in subsection (2) for “35(6)” there is substituted “35(4)”, and
(b) the following are omitted—
(i) in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and
(ii) in subsection (4)(b) “52(7)”.
139 In section 235 (general interpretation) the following are omitted—
(a) in subsection (1)—
(i) the definition of “the 1981 Act”, and
(ii) in the definition of “transfer date”, “74(9)”,
(b) in subsection (3)(b) “subject to section 75(2) of this Act”, and
(c) in subsection (5) “74”.
140 Paragraph 9 of Schedule 1 is omitted.
141 In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—
“(b) shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”
142 For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—
“(b) less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”
143 Schedule 5 is omitted.
144 In Schedule 10 (supplementary provisions with respect to transfers)—
(a) in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “or under the Education Act 1993”,
(b) in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “or of the Education Act 1993”,
(c) in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “or of the Education Act 1993”,
(d) in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “or of the Education Act 1993”, and
(e) in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “or of the Education Act 1993”.
145 In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.
146 In section 10(6) (removal of restrictions relating to employment of young persons) for “for the purposes of the Education Act 1944” there is substituted “(construed in accordance with section 277 of the Education Act 1993)”.
147 Section 27(4) of the Children Act 1989 (duty of local authority to assist local education authority) is omitted.
148 In section 28(4) of that Act (local authority support for children and families: consultation with local education authorities) for “the Education Act 1981” there is substituted “Part III of the Education Act 1993”.
149 In section 36(8) of that Act (consultation in respect of education supervision orders) the words from “social” to “of the” are omitted.
150 In section 105(1) of that Act (interpretation), in the definition of “special educational needs” for “1981” there is substituted “1993”.
151 In paragraph 3 of Schedule 2 to that Act (local authority support for children and families: assessment of children’s needs) for “the Education Act 1981” there is substituted “Part III of the Education Act 1993”.
152 In Part III of Schedule 3 to that Act (education supervision orders), in paragraph 13—
(a) in sub-paragraph (1) for the words from “sections” to “children and” there is substituted “section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty”, and
(b) in sub-paragraph (2)—
(i) in paragraph (a)(i) for “37 of the Act of 1944” there is substituted “ 192 of that Act”,
(ii) in paragraph (b)(i) for “37” there is substituted “192”, and
(iii) in paragraph (b)(ii) for “that Act” there is substituted “the Education Act 1944”.
153 In paragraph 3(3) of Schedule 9 (child minding and day care: exemption of certain schools) for “section 52(3) of the Education Reform Act 1988” there is substituted “the Education Act 1993”.
154 Paragraphs 4 and 36 of Schedule 12 to that Act (minor amendments) are omitted.
155 Paragraphs 4 and 8 of Schedule 13 to that Act (consequential amendments) are omitted.
156 In section 13 of the Local Government and Housing Act 1989 (voting rights of members of committees)—
(a) subsection (2)(b) is omitted,
(b) for subsection (5) there is substituted—
“(5) Nothing in this section shall prevent the appointment of a person who is not a member of a local education authority as a voting member of—
(a) any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,
(b) any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or
(c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,
where that appointment is required by directions given by the Secretary of State under section 297 of the Education Act 1993 (power of Secretary of State to direct appointment of members of committees).”,
(c) subsection (6) is omitted, and
(d) in subsection (7) for “education committee or sub-committee of an education committee” there is substituted “committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection”.
157 In Schedule 1 to that Act (political balance on local authority committees) in paragraph 4—
(a) in sub-paragraph (1)—
(i) the definition of “education committee” is omitted, and
(ii) in paragraph (a) of the definition of “ordinary committee”, “education committee, their” is omitted, and
(b) in sub-paragraph (2) in paragraph (a) of the definition of “ordinary committee”, “education committee or” is omitted.
158 Paragraph 98 of Schedule 11 to that Act (minor and consequential amendments) is omitted.
159 Paragraph 78 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (consequential amendments) is omitted.
160 Paragraph 22 of Schedule 9 to the National Health Service and Community Care Act 1990 (minor and consequential amendments) is omitted.
161 In section 2 of the School Teachers' Pay and Conditions Act 1991 (orders relating to statutory conditions of employment), in subsections (6) and (7) for “section 3” there is substituted “sections 3 and 3A”.
162 The Diocesan Boards of Education Measure 1991 is amended as follows.
163 In section 3 (transactions for which advice or consent of Diocesan Board required)—
(a) in subsection (4) for the words from “by a resolution” to the end there is substituted “to hold a meeting to consider whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, it shall—
(a) give to the secretary of the Board for the diocese in which the school is situated at least seven days' notice that such a meeting is to be held at such time and place as is specified in the notice, and
(b) have regard to any relevant advice given by the Board, when considering at the meeting whether to hold a ballot of parents on that question,
and in paragraph (b) above, “relevant advice” means advice given in connection with the acquisition of grant-maintained status for the school whether given for the purposes of that school or for Church of England voluntary schools generally”,
(b) in subsection (5) for “89 of the 1988 Act” there is substituted “ 96 of the Education Act 1993”, and
(c) in subsection (6) “or (4)” is omitted.
164 In section 5 (proposals for acquisition of grant-maintained status)—
(a) for “subsection (5) of section 62 of the 1988 Act” there is substituted “paragraph 2 of Schedule 3 to the Education Act 1993”, and
(b) for “the advice given by the Board under section 3(4) above” there is substituted “any relevant advice (defined in section 3(4) above) given by the Board”.
165 In section 6(2) (Board to be consulted in certain cases) for “102 of the 1988 Act” there is substituted “136 of the Education Act 1993”.
166 In section 7(3) (powers of Board to give directions to governing bodies of aided church schools) for “1988” there is substituted “1993”.
167 In section 10 (interpretation)—
(a) for the definition of “church school” in subsection (1) there is substituted—
““church school” means—
(a) a Church of England voluntary school,
(b) a grant-maintained school which was such a voluntary school immediately before it became grant-maintained,
(c) a grant-maintained school established in pursuance of proposals published under section 49 of the Education Act 1993 where either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to that Act provides for religious education at the school to accord with the faith and practice of the Church of England, or
(d) a grant-maintained school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the faith and practice of the Church of England are approved under section 98 of that Act”, and
(b) in subsection (3)—
(i) after “the 1988 Act” there is inserted “or the Education Act 1993”, and
(ii) for “that Act” there is substituted “those Acts”.
Education Act 1993