Education Reform Act 1988 (c. 40)

(The document as of February, 2008)

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(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".

(5) In subsection (7), for the words from "or special" to "governors" there shall be substituted the words "special agreement or grant-maintained school may be brought by a person whom the governing body of the school".

(6) In subsection (8), 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".

The Representation of the People Act 1983 (c. 2)

30 In section 95(2) of the Representation of the People Act 1983 (use of schools for parliamentary election meetings), for the words "and voluntary schools" there shall be substituted the words "voluntary schools and grant-maintained schools".

31 In section 96(2)(a) of that Act (use of schools for local election meetings), for the words "or voluntary" there shall be substituted the words "voluntary or grant-maintained".

32 In paragraph 1(1) of Schedule 5 to that Act (arrangements for use of school room for parliamentary election meetings), after the words "the school" there shall be inserted the words "or, in the case of a room in the premises of a grant-maintained school, with the governing body of the school".

The Building Act 1984 (c. 55)

33 In section 4(1)(a) of the Building Act 1984 (exemption from building regulations for buildings required for purposes of school etc.), after the words "of that Act" there shall be inserted the words "or under section 90 of the Education Reform Act 1988".

The Education (No. 2) Act 1986 (c. 61)

34 After sections 44 to 46 of the 1986 Act (which impose on the governing body and head teacher of a county, voluntary or maintained special school duties relating to sex education and the prevention of political indoctrination) there shall be inserted the following section--

" 46A Application of sections 44 to 46 to grant-maintained schools

Sections 44 to 46 of this Act shall apply in relation to the governing body and head teacher of, and the junior pupils and other pupils at, a grant-maintained school as they apply in relation to the governing body and head teacher of, and the junior pupils and other pupils at, a county, voluntary or maintained special school. "

35 In section 47(5)(a) of that Act (abolition of corporal punishment), after sub-paragraph (ii) there shall be inserted the following sub-paragraph--

" (iia) at a grant-maintained school; or " .

36 In section 49(3) of that Act (appraisal of performance of teachers), after paragraph (b) there shall be inserted the following paragraph--

" (ba) at any grant-maintained school; "

37 In section 62(1)(a) of that Act (access to papers etc. of governing bodies), after the word "voluntary" there shall be inserted the word "grant-maintained".

The Teachers' Pay and Conditions Act 1987 (c. 1)

38 (1) Section 3 of the Teachers' Pay and Conditions Act 1987 (power of Secretary of State to make provision for teachers' remuneration and other conditions of employment by order) shall be amended as follows.

(2) In subsection (5)(a), after the word "authority" there shall be inserted the words "or, in the case of a grant-maintained school, on the governing body of the school".

(3) In subsection (5), after paragraph (g) there shall be inserted the following paragraph--

" (h) provide, in the case of grant-maintained schools, that to the extent specified in the order matters may be settled by agreement between, or in a manner agreed between, teachers in such schools and the governing bodies of such schools. "

(4) In subsection (6)(a), after the word "authorities" there shall be inserted the words "or, in the case off teachers in grant-maintained schools, by the governing bodies of such schools".

39 In section 7(1) of that Act (interpretation), after the word "authority" in paragraph (a) of the definition of "school teacher" there shall be inserted the following paragraph--

" (aa) a teacher in a grant-maintained school; " .

Part II Amendments Consequential on Abolition of ILEA

The Town and Country Planning Act 1971 (c. 78)

40 In section 216(4) of the Town and Country Planning Act 1971 (procedure in anticipation of planning permission, etc.) for the words "a joint planning board or the Inner London Education Authority" there shall be substituted the words "or a joint planning board".

The Local Government Act 1972 (c. 70)

41 In section 70 of the Local Government Act 1972 (restriction on promotion of Bills to change local government areas), for the words "Neither a" there shall be substituted the word "No".

42 In section 78(2) of that Act (electoral arrangements: supplementary), for the words from "in paragraphs" to the end there shall be substituted the words "in Schedule 11 to this Act".

43 In section 146A(1)(a) of that Act (miscellaneous powers of local authorities) for the words "local authorities" there shall be substituted the words "a local authority".

44 In section 177(2) of that Act (allowances to members of local authorities: supplementary), for "(ab)" there shall be substituted "(ac)".

45 In section 236(1) of that Act (byelaws), for the words from "a metropolitan" to "Education Authority" there shall be substituted the words "or a metropolitan county passenger transport authority".

46 In section 238 of that Act (evidence of byelaws), for the words from "a metropolitan" to "Education Authority" there shall be substituted the words "or a metropolitan county passenger transport authority".

47 In paragraph 22(3) of Schedule 13 to that Act (loans and other financial provisions), for the words from "and the Inner" to "county councils" there shall be substituted the words "and such an authority shall be treated as a county council".

The Local Government, Planning and Land Act 1980 (c. 65)

48 In section 72(1) of the Local Government, Planning and Land Act 1980 (expenditure which authorities may make) for the words "paragraphs (i) and (j)" there shall be substituted the words "paragraph (j)" and for the words "either of those paragraphs" there shall be substituted the words "that paragraph".

The Broadcasting Act 1981 (c. 68)

49 In section 4(6) of the Broadcasting Act 1981 (certain provisions of that Act not to apply to programmes broadcast by local authorities etc.) for the words from "the Common Council" to the end there shall be substituted the words "and the Common Council of the City of London".

The Representation of the People Act 1983 (c. 2)

50 In section 35(4) of the Representation of the People Act 1983 (returning officers for local elections), for "3A" there shall be substituted "3".

51 In section 40(2) of that Act (timing as to local elections), for the words "the Local Government Act 1972 and Part III of the Local Government Act 1985" there shall be substituted the words "and the Local Government Act 1972".

The Health Service Joint Consultative Committees (Access to Information) Act 1986 (c. 24)

52 In section 1(1) of the Health Service Joint Consultative Committees (Access to Information) Act 1986 (interpretation), in the definition of "local authority" for the words from "the Common Council" to the end there shall be substituted the words "or the Common Council of the City of London".

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

53 (1) Section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (persons discharged from hospital) shall be amended as follows.

(2) In subsection (1)(c) for the words "or authority" there shall be substituted the words "of that local authority".

(3) In subsection (9) the following definition shall be substituted for the definition of "the appropriate officer or authority"--

" "the appropriate officer" of a local authority is such officer discharging functions of that authority in their capacity as a local education authority, or in Scotland an education authority, as may be appointed by the authority for the purposes of this section; " .

Part III Other Amendments

The Education Act 1944 (c. 31)

54 In section 53(1) of the 1944 Act (provision of facilities for recreation and social and physical training) for the words "or college" there shall be substituted the words "or other educational institution".

55 (1) Section 55 of that Act (provision of transport and other facilities) shall be amended as follows.

(2) In subsection (1), for the words from "county colleges" to "area" there shall be substituted the words "at any institution maintained or assisted by them which provides higher education or further education (or both)".

(3) In subsection (2), for the words from "or county college" to "aforesaid" there shall be substituted the words "or at any such institution as is mentioned in subsection (1) above".

56 (1) Section 62 of that Act (duties of Secretary of State and local education authorities as to the training of teachers) shall be amended as follows.

(2) In subsection (1), for the words from "service in" to the end there shall be substituted the words "service in schools maintained by local education authorities, grant-maintained schools and institutions which are maintained by such authorities and provide higher education or further education (or both)".

(3) Subsection (2) shall be omitted.

57 In section 77(1) of that Act (inspection of educational establishments), for the words from "a county college" to "by a local education authority" there shall be substituted the words "an institution within the PCFC funding sector or an institution which is maintained or assisted by a local education authority and provides higher education or further education (or both)".

58 In section 80 of that Act (registration of pupils at schools), after subsection (1) there shall be inserted the following subsection--

" (1A) Without prejudice to the generality of subsection (1) of this section, the prescribed particulars shall include particulars of the name and address of every person known to the proprietor of the school to be a parent of a pupil at the school. " .

59 In section 90(1) of that Act (compulsory purchase of land by local education authorities), for the word "college" there shall be substituted the word "institution".

The Education Act 1946 (c. 50)

60 In section 16(1) of the Education Act 1946 (interpretation) after the definition of "department" there shall be inserted the following definition--

" "the principal Act" means the Education Act 1944; " .

The Education (Miscellaneous Provisions) Act 1948 (c. 40)

61 In section 5(3) of the Education (Miscellaneous Provisions) Act 1948--

(a) in paragraph (a), for the words "a county college or other establishment for further education so maintained" there shall be substituted the words "an institution maintained by them which provides higher education or further education (or both)"; and

(b) for the words "college or other establishment", in the second place where they occur, there shall be substituted the words "or institution".

62 In section 10(2) of that Act (power of local education authorities to purchase land by agreement), for the words "college or other" there shall be substituted the word "or".

The Charities Act 1960 (c. 58)

63 Each of the following bodies, that is to say--

(a) the National Curriculum Council;

(b) the Curriculum Council for Wales; and

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 any of those bodies as it applies in relation to an institution included in that Schedule above that paragraph.

64 (1) Subject to sub-paragraph (2) below, a higher education corporation and any successor company to a higher education corporation (within the meaning of section 129(5) of this Act) shall be an exempt charity for the purposes of the Charities Act 1960.

(2) Sub-paragraph (1) above shall only apply in relation to any such successor company at a time when any institution conducted by the company is for the time being designated under section 129 of this Act.

(3) 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) a higher education corporation; or

(b) any such successor company which is for the time being an exempt charity for the purposes of that Act by virtue of sub-paragraph (1) above;

as it applies in relation to an institution included in that Schedule above that paragraph.

The Factories Act 1961 (c. 34)

65 In section 97(7) of the Factories Act 1961 (facilities for young employees to attend courses of further education) for the words "further education" there shall be substituted the words "post-school education"; and after that subsection there shall be inserted the following subsection--

" (7A) In subsection (7) above "post-school education" means--

(a) in England and Wales, "higher education" or "further education" within the meaning of the Education Act 1944; and

(b) in Scotland, "further education" within the meaning of the Education (Scotland) Act 1980. "

The Veterinary Surgeons Act 1966 (c. 36)

66 In Schedule 3 to the Veterinary Surgeons Act 1966 (treatment and operations which may be given or carried out by unqualified persons), in Part 1, for the words from "and in this paragraph "recognised institution"" to the end there shall be substituted the following paragraph--

" In the foregoing paragraph "recognised institution" means--

(a) as respects England and Wales--

(i) an institution maintained or assisted by a local education authority;

(ii) any other institution which provides higher education or further education (or both) and as respects which a grant is paid by the Secretary of State; or

(iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph;

(b) as respects Scotland--

(i) a further education college administered by an education authority;

(ii) a central institution within the meaning of the Education (Scotland) Act 1980; or

(iii) an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; and

(c) as respects Northern Ireland, an agricultural college maintained by the Department of Agriculture for Northern Ireland;

and expressions used in paragraph (a) of this paragraph and in the Education Act 1944 have the same meanings as in that Act. "

The Parliamentary Commissioner Act 1967 (c. 13)

67 In Schedule 2 to the Parliamentary Commissioner Act 1967 (which lists the bodies subject to the jurisdiction of the Parliamentary Commissioner), there shall be inserted (at the appropriate place in alphabetical order)--

" Education Assets Board " .

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

68 (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 any institution within the PCFC funding sector.

(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 an institution within the PCFC funding sector specified in the order.

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

69 (1) Section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, educational institutions) shall be amended as follows.

(2) After paragraph (a) there shall be inserted the following paragraph--

" (aa) institutions within the PCFC funding sector; " .

(3) For paragraph (b) there shall be substituted the following paragraph--

" (b) schools and institutions which provide higher education or further education (or both) and are maintained or assisted by local education authorities " .

(4) After paragraph (c) there shall be inserted the words "and expressions used in paragraphs (aa) and (b) above and in the Education Act 1944 have the same meanings as in that Act".

The Town and Country Planning Act 1971 (c. 78)

70 (1) Section 29B of the Town and Country Planning Act 1971 (duty of local planning authority to draw attention to certain provisions which relate to educational buildings and benefit disabled persons) shall be amended as follows.

(2) In subsection (1)(a), after the word "university", in the third place where it occurs, there shall be inserted the following paragraph--

" (aa) of an institution within the PCFC funding sector; " .

(3) For subsection (1)(b) there shall be substituted the following paragraph--

" (b) of a school or an institution which provides higher education or further education (or both) and is maintained or assisted by a local education authority " .

(4) After that subsection there shall be inserted the following subsection--

" (1A) Expressions used in subsection (1)(aa) and (b) above and in the Education Act 1944 have the same meanings as in that Act " .

The Local Government Act 1974 (c. 7)

71 In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Local Commissioner) for the words from "whether", in the second place where it occurs, to the end there shall be substituted the words "in any school or other educational establishment maintained by the authority".

The Sex Discrimination Act 1975 (c. 65)

72 In section 22 of the Sex Discrimination Act 1975 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 4 there shall be inserted the following paragraph--

" 4A. Institution within the PCFC funding sector (within the meaning of the Education Act 1944).

Governing body. "

73 In section 24(2) of that Act (power to designate institutions)--

(a) paragraph (a) shall be omitted; and

(b) in paragraph (c), for the words "in accordance with a scheme approved under section 42" there shall be substituted the words "for the purposes".

74 In section 25(6)(c) of that Act (general duty in public sector of education)--

(a) in sub-paragraph (i) after "3" there shall be inserted "4A"; and

(b) in sub-paragraph (ii) the words "(a) or" shall be omitted.

75 In section 28 of that Act (exception for physical training), for the words from "further education course" to the end there shall be substituted the words "course in physical education which is a further education course or, in England and Wales, a higher education course within the meaning of the Education Reform Act 1988."

76 In section 82(1) of that Act (interpretation), in the definition of "further education" for the words "section 41(a)" there shall be substituted the words "section 41(2)(a)".

77 In paragraph 4 of Schedule 2 to that Act (transitional exemption orders for educational admission) for the words "further education establishment to which that section applies" there shall be substituted the words "institution falling within subsection (7) or (8) of that section".

The Race Relations Act 1976 (c. 74)

78 In section 17 of the Race Relations Act 1976 (discrimination by bodies in charge of educational establishments), in the Table, after paragraph 4 there shall be inserted the following paragraph--

" 4A. Institution within PCFC funding sector (within the meaning of the Education Act 1944).

Governing body. "

79 In section 19(6)(c) of that Act (general duty in public sector of education)--

(a) in sub-paragraph (i) after "3" there shall be inserted "4A"; and

(b) in sub-paragraph (ii) the words "(a) or" shall be omitted.

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

80 In section 29(1) of the Employment Protection (Consolidation) Act 1978 (persons holding certain offices to be allowed time off for public duties), after paragraph (ee) (inserted by paragraph 23 above) there shall be inserted the following paragraph--

" (ef) a member of the governing body of a higher education corporation; or " .

The Education Act 1980 (c. 20)

81 In section 16 of the 1980 Act (provisions supplementary to sections 12 to 15 of that Act), the following subsections shall be inserted after subsection (3)--

" (3A) For the purposes of section 12, 13 or 15 above proposals under that section shall be taken to have first been published--

(a) on the date on which the requirements of regulations under this Act with respect to the publication of the proposals are satisfied; or

(b) where different requirements such as are mentioned in paragraph (a) above are satisfied on different dates, on the last of those dates;

and references to the first publication of the proposals shall be construed accordingly.

(3B) Where any such requirement imposes a continuing obligation with respect to the publication of any proposals, the requirement shall for the purposes of subsection (3A) above be taken to be satisfied on the first date in respect of which it is satisfied. "

82 (1) Section 27 of the 1980 Act (school and further education regulations) shall be amended as follows.

(2) At the end of paragraph (d) of subsection (1) there shall be added the words "and the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations."

(3) After subsection (1) there shall be inserted the following subsection--

" (1A) Regulations made by virtue of subsection (1)(d) above may authorise persons who in pursuance of the regulations supply copies of any such records as are there mentioned to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied. "

The Education Act 1981 (c. 60)

83 In section 7 of the 1981 Act (statements of child's special educational needs) the following subsection shall be substituted for subsection (2)--

" (2) In any case where a local education authority maintain a statement under this section in respect of a child--

(a) it shall be the duty of the authority to arrange that the special educational provision specified in the statement is made for him; and

(b) the authority may arrange that any non-educational provision specified in the statement is made for him in such manner as they consider appropriate;

unless his parent has made suitable arrangements. " .

84 In section 8(1) of the 1981 Act (appeals against statements) for the words from "following" to the end there shall be substituted the words " against the special educational provision specified in the statement--

(a) following the first or any subsequent assessment of the child's special educational needs under section 5; and

(b) where the authority make any amendment to the special educational provision specified in the statement otherwise than on the making of any such assessment. "

85 In Schedule 1 Part II of the 1981 Act (form of statement) the following shall be added at the end of paragraph 6(3)--

" (4) Where a local education authority have made any amendment to the special educational provision specified in a statement, they shall also inform the parent in writing of his right under section 8(1) of this Act to appeal against the special educational provision specified in the statement. " .

The Agricultural Training Board Act 1982 (c. 9)

86 (1) Section 4 of the Agricultural Training Board Act 1982 (functions of the Agricultural Training Board) shall be amended as follows.

(2) In subsections (1)(c) and (4)(c), for the words "further education" there shall be substituted the words "post-school education".

(3) After subsection (4) there shall be inserted the following subsection--

" (5) In this section "post-school education" means--

(a) in England and Wales, "higher education" within the meaning of the Education Act 1944 or "further education" within the meaning of that Act; and

(b) in Scotland, "further education" within the meaning of the Education (Scotland) Act 1980. "

The Industrial Training Act 1982 (c. 10)

87 (1) Section 5 of the Industrial Training Act 1982 (functions of industrial training boards) shall be amended as follows.

(2) In subsections (1)(c) and (4)(c), for the words "further education" there shall be substituted the words "post-school education".

(3) After subsection (6), there shall be inserted the following subsection--

" (7) In this section "post-school education" means--

(a) in England and Wales, "higher education" within the meaning of the Education Act 1944 or "further education" within the meaning of that Act; and

(b) in Scotland, "further education" within the meaning of the Education (Scotland) Act 1980. "

88 In section 13(1) of that Act (proposals for exemption certificates)--

(a) in paragraph (a) for the words "further education" there shall be substituted the words "post-school education"; and

(b) after the words "in this subsection" there shall be inserted the words ""post-school education" has the same meaning as in section 5 above and".

89 In section 14 (exemption certificates), in subsection (1) for the words "further education" there shall be substituted the words "post-school education"; and after that subsection there shall be inserted the following subsection--

" (1A) In subsection (1) above "post-school education" has the same meaning as in section 5 above. "

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

90 In section 40(2) of the Local Government (Miscellaneous Provisions) Act 1982 (nuisance and disturbance on educational premises) for paragraph (b) there shall be substituted the following paragraph--

" (b) of an institution which is maintained by a local education authority and provides higher education or further education (or both); " .

The Education (Fees and Awards) Act 1983 (c. 40)

91 (1) Section 1 of the Education (Fees and Awards) Act 1983 (fees at certain further education establishments) shall be amended as follows.

(2) In subsection (3), for paragraphs (b) and (c) there shall be substituted the following paragraphs--

" (b) any institution within the PCFC funding sector; and

(c) any institution which provides higher education or further education (or both) and is either maintained by a local education authority or falls within subsection (3A) below; and

(d) any further education institution in Scotland which is administered by an education authority. "

(3) After that subsection there shall be inserted the following subsection--

" (3A) An institution falls within this subsection if it is substantially dependent for its maintenance on public funds and either is specified in the regulations or is of a class or description so specified. " .

(4) In subsection (4), after the words "Education (Scotland) Act 1980" there shall be inserted the words "and expressions used in this section and in the Education Act 1944 have the same meaning as in that Act".

The Further Education Act 1985 (c. 47)

92 (1) Section 1 of the Further Education Act 1985 (supply of goods and services through further education establishments) shall be amended as follows.

(2) In subsection (1), for the words "a further education establishment" there shall be substituted the words "an institution which provides higher education or further education (or both)".

(3) In subsection (2), for the word "establishment" there shall be substituted the word "institution".

93 (1) Section 2 of that Act (powers of local authorities with respect to agreements for supply of goods and services through further education establishments) shall be amended as follows.

(2) In subsection (1)(a), for the words "a further education establishment provided by them" there shall be substituted the words "an institution which is maintained by them and provides higher education or further education (or both)".

(3) In subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs--

" (a) to a corporation established under section 121 or 122 of the Education Reform Act 1988;

(b) to a company responsible for conducting an institution which--

(i) provides higher education or further education (or both); and

(ii) is either within the PCFC funding sector or is assisted by a local education authority;

(c) where such an institution as is mentioned in paragraph (b) above is not conducted by a company, to the governing body of the institution; or

(d) to a body corporate in which such a corporation or company as is mentioned in paragraph (a) or (b) above has a holding such as is mentioned in subsection (8) below, " .

(4) In subsection (2), for the words "establishment which he provides" there shall be substituted the words "institution conducted by the corporation, company or governing body".

(5) In subsection (8), for the words "and (2)(b)" there shall be substituted the words "and (2)(d)".

94 In section 3(8)(a) (financial and accounting provisions), for the word "establishment", in both places where it occurs, there shall be substituted the word "institution".

The Housing Act 1985 (c. 68)

95 In paragraph 10(4) of Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies), in the definition of "educational establishment", for the words "establishment of further education" there shall be substituted the words "institution which provides higher education or further education (or both); and for the purposes of this definition "higher education" and "further education" have the same meaning as in the Education Act 1944".

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