Education Reform Act 1988 (c. 40)

(The document as of February, 2008)

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16 Every document purporting to be an instrument made or issued by or on behalf of the Corporation and to be duly executed under the seal of the Corporation, or to be signed or executed by a person authorised by the Corporation to act in that behalf shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Accounts

17 (1) It shall be the duty of the Corporation--

(a) to keep proper accounts and proper records in relation to the accounts;

(b) to prepare in respect of each financial year of the Corporation a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

(c) to send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(3) In this paragraph "financial year" means the period beginning with the date on which the Corporation is established and ending with the second 31st March following that date, and each successive period of twelve months.

Section 161.

SCHEDULE 9 Determination of Full-time Equivalent Enrolment Numbers

Full-time equivalent enrolment numbers

1 (1) The full-time equivalent enrolment number at any time of any educational institution for courses of any description is the aggregate of--

(a) the number of full-time students enrolled at that institution at that time to follow courses of that description; and

(b) the numbers arrived at under sub-paragraph (2) below for each mode of attendance at such courses specified in column 1 of the table in paragraph 2 below.

(2) The number for each mode of attendance so specified is that arrived at by multiplying by the appropriate multiplier the number of students enrolled at the institution at the time in question to follow such courses by that mode of attendance.

(3) In sub-paragraph (2) above "the appropriate multiplier" means, in relation to a mode of attendance so specified, the figure given in relation to that mode of attendance--

(a) in column 2 of the table, in the case of courses of advanced further education or courses of higher education; and

(b) in column 3 of the table, in any other case.

Table for determining full-time equivalents for sandwich courses and part-time study

2 The following table applies for the purpose of determining the numbers mentioned in paragraph 1(1)(b) above--

(1)	(2)	(3)
Mode of attendance	Multiplier	Multiplier
Sandwich course	0.9	0.75
Block release	0.4	0.3
Day release	0.4	0.3
Part-time (other than day release but including some day-time study)	0.4	0.125
Part-time (evening only study)	0.2	0.075
Open or distance learning	0.2	0.075

Interpretation of paragraphs 1 and 2

3 (1) For the purposes of paragraph 1(1)(a) above a student is a full-time student in relation to a course of any description if all his studies for the purposes of that course are full-time studies.

(2) For the purposes of paragraph 2 above--

(a) a student's mode of attendance at a course of any description is by way of a sandwich course if--

(i) in following that course, he engages in periods of full-time study for the purposes of the course alternating with periods of full-time work experience which form part of that course; and

(ii) his average period of full-time study for the purposes of the course for each academic year included in the course is nineteen weeks or more;

(b) a student's mode of attendance at a course of any description is by way of block release if--

(i) the course involves a period of full-time study interrupted by a period of industrial training or employment (whether or not it also includes study on one or two days a week during any other period); and

(ii) his average period of full-time study for the purposes of the course for each academic year included in the course is less than nineteen weeks;

(c) a student's mode of attendance at a course of any description is by way of day release if--

(i) he is in employment; and

(ii) he is released by his employer to follow that course during any part of the working week; and

(d) a student's mode of attendance at a course of any description is by way of open or distance learning if--

(i) he is provided for the purposes of the course with learning material for private study; and

(ii) his written work for the purposes of the course is subject to a marking and comment service provided for students following the course by private study (whether or not any additional advisory or teaching services are also provided for such students as part of the course).

Amendment of paragraphs 1 to 3

4 The Secretary of State may by order amend paragraphs 1 to 3 above except so far as they apply for determining an institution's full-time equivalent enrolment number for any courses or (as the case may be) an institution's total full-time equivalent enrolment number on 1st November 1985.

Exclusion of non-EEC students

5 For the purpose of determining under those paragraphs the full-time equivalent enrolment number at any time of any educational institution for courses of any description, any student enrolled at the institution whose ordinary place of residence then was or is in a country or territory other than a member State shall be disregarded.

Sections 198 and 228.

SCHEDULE 10 Supplementary Provisions with respect to Transfers

Division and apportionment of property etc.

1 (1) Any property, rights and liabilities of a transferor authority held or subsisting--

(a) for the purposes of more than one relevant institution; or

(b) partly for the purposes of one or more relevant institutions and partly for other purposes of the transferor authority;

shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferees, or (as the case may be) between the transferor authority and the transferee or transferees, in such proportions as may be appropriate.

(2) Where any estate or interest in land falls to be so divided--

(a) any rent payable under a lease in respect of that estate or interest; and

(b) any rent charged on that estate or interest;

shall be correspondingly divided or apportioned so that each part is payable in respect of, or charged on, only one part of the estate or interest and the other part or parts are payable in respect of, or charged on, only the other part or parts of the estate or interest.

(3) Any property, right or liability held or subsisting as mentioned in sub-paragraph (1) above the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee (or to one or other of the transferees) or retained by the transferor authority according to--

(a) in the case of an estate or interest in land, whether on the transfer date the transferor authority or the transferee (or one or other of the transferees) appears to be in greater need of the security afforded by that estate or interest or, where none of them appears to be in greater need of that security, which of them appears on that date to be likely to make use of the land to the greater extent; or

(b) in the case of any other property or any right or liability, which of them appears on the transfer date to be likely to make use of the property or (as the case may be) to be affected by the right or liability to the greater extent;

subject (in either case) to such arrangements for the protection of the other person or persons concerned as may be agreed between the transferor authority and the Education Assets Board or determined by the Secretary of State under paragraph 3 below.

(4) In this paragraph--

(a) references to a relevant institution are references to--

(i) any school or other institution a body corporate is established under this Act to conduct; and

(ii) any institution to which section 130 of this Act applies; and

(b) references to a transferor authority are references to a local education authority who are the transferor for the purposes of any transfer to which this Schedule applies.

Identification of property, rights and liabilities

2 (1) It shall be the duty of the transferor and the Education Assets Board, whether before or after the transfer date, so far as practicable to arrive at such written agreements, and to execute such other instruments, as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the transferor or for making any such arrangements as are mentioned in paragraph 1(3) above and as will (in a case where the transferor is a local education authority)--

(a) afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions; and

(b) make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarifications and modifications of the effect of the provision of this Act under which the transfer is required on the property, rights and liabilities of the transferor as will best serve the proper discharge of the respective functions of the transferor and the transferee.

(2) Any such agreement shall provide so far as it is expedient--

(a) for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

(b) for the granting of indemnities in connection with the severance of leases and other matters;

(c) for responsibility for registration of any matter in any description of statutory register.

3 (1) The Education Assets Board shall notify the Secretary of State if it appears to them that it is unlikely in the case of any matter on which agreement is required to be reached under paragraph 2(1) above that such an agreement will be reached.

(2) Where the Secretary of State has received a notification from the Board under sub-paragraph (1) above, he may, whether before or after the transfer date, give a direction determining that matter, and may include in the direction any provision which might have been included in an agreement under paragraph 2(1).

(3) Any property, rights or liabilities required by a direction under this paragraph to be transferred to the transferee shall be regarded as having been transferred to, and by virtue of this Act vested in, the transferee accordingly.

(4) The Secretary of State shall consult the transferor before giving a direction under this paragraph.

(5) The Education Assets Board shall give the Secretary of State such assistance and advice as he may require for the purpose of determining any matter under this paragraph.

Right to production of documents of title

4 Where on any transfer to which this Schedule applies the transferor is entitled to retain possession of any documents relating in part to the title to any land or other property transferred to the transferee, the transferor shall be treated as having given to the transferee an acknowledgment in writing of the right of the transferee to production of that document and to delivery of copies of it; and section 64 of the [1925 c. 20.] Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.

Proof of title by certificate

5 The Education Assets Board may issue a certificate stating that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, was or was not transferred by virtue of this Act to any body corporate or persons so specified; and any such certificate shall be conclusive evidence for all purposes of that fact.

Construction of agreements

6 (1) Where in the case of any transfer to which this Schedule applies any rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, the agreement shall, unless the context otherwise requires, have effect on and after the transfer date as if--

(a) the transferee had been a party to the agreement;

(b) for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee;

(c) any reference (whether express or implied and, if express, however worded) to a specified officer of the transferor or a person employed by the transferor in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to an officer or employee of the transferee who corresponds as closely as possible to the person referred to in the agreement;

(d) where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee as regards the part of the property, rights or liabilities retained by the transferor or (as the case may be) the part vesting in the transferee, and not as regards the other part;

and paragraph (d) above shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.

(2) This paragraph applies to any agreement whether in writing or not and whether or not of such a nature that rights and liabilities under it could be assigned by the transferor.

7 (1) Without prejudice to the generality of paragraph 6 above, the transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability transferred to and vested in the transferee by virtue of this Act as he would have had if that right or liability had at all times been a right or liability of the transferee.

(2) Any legal proceedings or applications to any authority pending on the transfer date by or against the transferor, in so far as they relate to any property, right or liability transferred to the transferee by virtue of this Act, or to any agreement relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.

8 The provisions of paragraphs 6 and 7 above shall have effect for the interpretation of agreements subject to the context, and shall not apply where the context otherwise requires.

Third parties affected by vesting provisions

9 (1) Without prejudice to the generality of paragraphs 6 to 8 above, any transaction effected between a transferor and a transferee in pursuance of paragraph 2(1) or of a direction under paragraph 3 above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any person other than the transferor and the transferee.

(2) If as a result of any such transaction any person's rights or liabilities become enforceable as to part by or against the transferor and as to part by or against the transferee, the Education Assets Board shall give that person written notification of that fact.

(3) If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule--

(a) the rights or liabilities of any person other than the transferor or the transferee which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee; and

(b) the value of any property or interest of that person is thereby diminished;

such compensation as may be just shall be paid to that person by the transferor, the transferee or both.

(4) Any dispute as to whether and if so how much compensation is payable under sub-paragraph (3) above, or as to the person to whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor.

(5) Where the transferor or the transferee under a transfer to which this Schedule applies purports by any conveyance or transfer to transfer to some person other than the transferor or the transferee for consideration any land or other property which before the transfer date belonged to the transferor, or which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties to it and had thereby conveyed or transferred all their interest in the property conveyed or transferred.

(6) A court shall have the power set out in sub-paragraph (7) below if at any stage in proceedings before it to which the transferor or transferee under a transfer to which this Schedule applies and a person other than the transferor or the transferee are parties it appears to it that the issues in the proceedings--

(a) depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and the Education Assets Board have not yet effected; or

(b) raise a question of construction on the relevant provisions of this Act which would not arise if the transferor and the transferee constituted a single person.

(7) In any such case the court may, if it thinks fit on the application of a party to the proceedings other than the transferor or the transferee, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person.

(8) Any judgment or order given by a court in proceedings determined on that footing shall bind both the transferor and the transferee accordingly.

(9) It shall be the duty of the transferor and of the Education Assets Board to keep one another informed of any case where the transferor or the transferee under a transfer to which this Schedule applies may be prejudiced by sub-paragraph (5) above or any judgment or order given by virtue of sub-paragraph (8) above.

(10) If either the transferor or the transferee claims that he has been so prejudiced and that the other of them ought to indemnify or make a payment to him on that account and has unreasonably failed to meet that claim, he may refer the matter to the Secretary of State for determination by the Secretary of State.

Delivery of documents to transferee

10 When it appears to the Education Assets Board, in the case of any transfer, that any agreements and instruments required to be made or executed in pursuance of paragraph 2(1) above or in pursuance of a direction under paragraph 3 above have been made or executed, the Board shall deliver those agreements and instruments (if any) to the transferee.

Section 202.

SCHEDULE 11 The University Commissioners

Appointment

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.

Tenure of office

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.

Duration

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.

Powers

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.

Remuneration

5 The Secretary of State may pay the Commissioners such remuneration as he may with the consent of the Treasury determine.

Staff

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.

Expenses

7 The expenses of the Commissioners shall be defrayed by the Secretary of State.

Proceedings

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.

SCHEDULE 12 Minor and Consequential Amendments

Part I Amendments Relating to Grant-maintained Schools

The Education Act 1944 (c. 31)

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".

The Education (Miscellaneous Provisions) Act 1953 (c. 33)

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 " .

The Charities Act 1960 (c. 58)

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.

The Local Authorities (Goods and Services) Act 1970 (c. 39)

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.

The Tribunals and Inquiries Act 1971 (c. 62)

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. "

The Local Government Act 1972 (c. 70)

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".

The Education (Work Experience) Act 1973 (c. 23)

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".

The Sex Discrimination Act 1975 (c. 65)

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".

The Race Relations Act 1976 (c. 74)

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".

The National Health Service Act 1977 (c. 49)

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".

The Employment Protection (Consolidation) Act 1978 (c. 44)

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; " .

The Education Act 1980 (c. 20)

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.

The Education Act 1981 (c. 60)

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. "

The Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

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".

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