Office of Public Sector Information
Section 6.
1 (1) This Schedule applies to—
(a) civil servants in the Department for Education and Employment, civil servants in the Welsh Office and any other persons who carry out the administrative work of the Department for Education and Employment or the Welsh Office, and
(b) any person exercising any function by virtue of section 2 and any persons who are employed by (or are directors or other officers of) any such person or who carry out the administrative work of any such person.
(2) In this Schedule “social security information” means information of a prescribed description which was obtained by reason of the exercise by the Secretary of State of any of his functions under the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 or the [1992 c. 5.] Social Security Administration Act 1992.
2 The Secretary of State may supply to any person to whom this Schedule applies any such social security information as the person may require for or in connection with the exercise of any function relating to grants in respect of nursery education.
3 (1) A person who is or has been a person to whom this Schedule applies is guilty of an offence if he discloses without lawful authority any social security information relating to a particular person which he acquired while acting as a person to whom this Schedule applies.
(2) It is not an offence under this paragraph—
(a) to disclose information in the form of a summary or collection of information so framed as not to enable social security information relating to any particular person to be ascertained from it, or
(b) to disclose social security information which has previously been disclosed to the public with lawful authority.
(3) It is a defence for a person charged with an offence under this paragraph to prove that at the time of the alleged offence—
(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or
(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
(4) For the purposes of this paragraph a disclosure is to be regarded as made with lawful authority if, and only if, it is made—
(a) by a person in accordance with his official duty as a civil servant,
(b) by any other person either—
(i) for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the Secretary of State or by any person authorised by the Secretary of State, or
(ii) to the Secretary of State or in accordance with an authorisation duly given by the Secretary of State or by any person authorised by the Secretary of State,
(c) in accordance with any enactment or order of a court,
(d) for the purposes of instituting, or otherwise for the purposes of, any proceedings before a court, or
(e) with the consent of the person to whom the information relates or of any person authorised to act on his behalf.
(5) A person guilty of an offence under this paragraph is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
Section 10.
1 In section 76 of the Education Act 1944 (duty to have regard in exercise of functions under Education Acts to principle that pupils be educated in accordance with wishes of their parents), for “1993” substitute “1996”.
2 In section 4 of the Education (Miscellaneous Provisions) Act 1948 (provisions about children becoming registered school pupils), after subsection (3) insert—
“(3A) General directions given by a local education authority as respects the time of admission of children as registered pupils shall not prevent the admission to a school of children in respect of whose education grants may be made under arrangements which have been made under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.”
3 In section 1(4) of the Education (Work Experience) Act 1973 (work experience in last year of compulsory school), in the definition of “the Education Acts”, for “1993” substitute “1996”.
4 In section 23(1) of the Sex Discrimination Act 1975 (prohibition of sex discrimination by LEA in carrying out of functions under Education Acts), for “1993” substitute “1996”.
5 In section 18(1) of the Race Relations Act 1976 (prohibition of racial discrimination by LEA in carrying out of functions under Education Acts), for “1993” substitute “1996”.
6 In section 28A(2)(c) of the National Health Service Act 1977 (power to make payments to LEA), for “1993” substitute “1996”.
7 In section 163(1) of the Education Reform Act 1988 (references in Education Acts to LEAs to include new LEAs for areas in inner London), for “1993” substitute “1996”.
8 In section 90(1) of the Further and Higher Education Act 1992 (interpretation), in the definition of “the Education Acts”, for “1994” substitute “1996”.
9 (1) Section 55 of the Local Government Finance Act 1992 (limitation of council tax: special transitional provisions where local authority’s budget requirement for financial year is to be compared with notional amount rather than authority’s budget requirement for preceding financial year) is amended as follows.
(2) In subsection (1), after paragraph (c) insert “or
(d) as regards any financial year to which this paragraph applies and any authority to which grants are made under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.”
(3) After that subsection insert—
“(1A) Subsection (1)(d) above applies to—
(a) the first financial year in which grants are made to any authority under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996,
(b) either or both of the next two financial years if, in the opinion of the Secretary of State, the basis of comparison referred to in section 54(1)(b) above would be inappropriate for the year in the case of the authority concerned because of a change in the basis of distribution (within the meaning of section 78A(2) of the 1988 Act) which is related to the making of grants under such arrangements, and
(c) any financial year in which grants are first made under such arrangements in respect of education provided for a particular description of children.”
10 In section 17(2) of the Education Act 1993 (power of Secretary of State to delegate functions to funding authorities), after paragraph (a) insert—
“(aa) section 68(6) (consent to borrowing),”.
11 In section 130(2) of that Act (transfer of premises to trustees), for “section 68(7)(b)” substitute “section 68(7)”.
12 In section 162 of that Act (provision by local education authority of goods and services in connection with special educational needs), after subsection (2) insert—
“(2A) A local education authority may supply goods or services to any authority or other person (other than a governing body within subsection (1) above) for the purpose only of assisting them in making for any child in respect of whose education grants are (or are to be) made under arrangements under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996 any special educational provision which any learning difficulty of the child calls for.”
13 In section 305(1) of that Act (interpretation), before the definition of “financial year” insert—
““the Education Acts” means the Education Acts 1944 to 1996,”.
14 In section 306 of that Act (index), before the entry relating to “financial year” insert—
| “the Education Acts | section 305(1)”. |
15 In Note (1)(a) to Group 6 of Schedule 9 to the Value Added Tax Act 1994 (meaning of “school” for purposes of determining whether provision of education is an exempt supply), for “1993” substitute “1996”.
Nursery Education and Grant-maintained Schools Act 1996