Education Act 1993 (c. 35)

(The document as of February, 2008)

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Lay members

4 After paragraph 4 there is inserted--

" Lay members

4A (1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) above if--

(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(b) he satisfies the conditions specified in sub-paragraph (2) below.

(2) Those conditions are--

(a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a) above, that he does not have, or has not at any time had, any connection with--

(i) the local education authority in question, or

(ii) any person who is a member of, or employed by, that authority,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and

(b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a) above, that he does not have, or has not at any time had, any connection with--

(i) the school in question, or

(ii) any person who is a member of, or employed by, the governing body of that school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school. "

Sections 287 and 288

SCHEDULE 17 Uniform statutory trusts for educational endowments

1 The trustees may, after payment of any expenses incurred in connection with the administration of the trust, apply the capital and income of the relevant trust assets for any of the following purposes--

(a) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of any relevant school in the area,

(b) for the maintenance of any relevant school in the area,

(c) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of a teacher's house for use in connection with any relevant school in the area, and

(d) for the maintenance of a teacher's house for use in connection with any relevant school in the area.

2 The trustees may also, after payment of any expenses incurred in connection with the administration of the trust, apply the income of the relevant trust assets for any of the following purposes--

(a) in or towards the provision of advice, guidance and resources (including materials) in connection with any matter related to the management of, or education provided at, any relevant school in the area,

(b) the provision of services for the carrying out of any inspection of any relevant school in the area required by the [1992 c. 38.] Education (Schools) Act 1992, and

(i) the application of income of the relevant trust assets for either of the purposes referred to in sub-paragraphs (a) and (b) above, or

(ii) the application of capital or income of the relevant trust assets for any of the purposes referred to in paragraph 1 above.

Section 298

SCHEDULE 18 Pupil referral units

General adaptations of enactments

1 References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the local education authority.

2 References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).

Modifications of enactments by regulations

3 Regulations may provide for any enactments relating to schools maintained by local education authorities (or schools including such schools)--

(a) to apply in relation to pupil referral units,

(b) to apply in relation to such units with such modifications as may be prescribed, or

Registration

4 (1) A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.

(2) In this Schedule, "registered" means shown in the register kept under section 80 of the [1944 c. 31.] Education Act 1944.

Application of Local Government Act 1986

5 A pupil referral unit is a maintained school for the purposes of section 2A(1)(b) of the [1986 c. 10.] Local Government Act 1986 (prohibition on promoting homosexuality).

Curriculum

6 (1) Section 17 of the [1986 c. 61.] Education (No. 2) Act 1986 (duty of LEA to state policy) applies in relation to pupil referral units as it applies in relation to county schools.

(2) In relation to every pupil referral unit, the Secretary of State, the local education authority and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 1 of the [1988 c. 40.] Education Reform Act 1988 (balanced and broadly based curriculum) and of any other enactment which applies to the curriculum for pupil referral units.

(3) Each local education authority shall, with the approval of the Secretary of State, make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit--

(a) have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by or under any enactment referred to in sub-paragraph (2) above, or

(b) have failed to discharge any such duty.

(4) The Secretary of State shall not entertain under section 68 or 99 of the Education Act 1944 any complaint in respect of any local education authority, being a complaint--

(a) for which arrangements are required to be made under sub-paragraph (3) above, or

(b) that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit with any such duty as is referred to in that sub-paragraph,

unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.

Discipline

7 The teacher in charge of a pupil referral unit may on disciplinary grounds exclude a pupil from the unit.

Political indoctrination, political issues and sex education

8 Sections 44 to 46 of the [1986 c. 61.] Education (No. 2) Act 1986 (political indoctrination, treatment of political issues and sex education) apply in relation to pupil referral units as they apply in relation to county schools.

Charges

9 (1) Sections 106 to 111 and 118 of the [1988 c. 40.] Education Reform Act 1988 (charges) apply in relation to pupil referral units as if the references to governing bodies were omitted.

(2) Section 111(2)(b) of that Act shall have effect in relation to a pupil provided with board and lodging at a unit as if after "that" there were inserted "for the time being".

Application of Environmental Protection Act 1990

10 A pupil referral unit is an educational institution for the purposes of Part IV of the [1990 c. 43.] Environmental Protection Act 1990 (litter).

Information

11 Each local education authority shall make available, on such occasions, and in such form and manner, as may be prescribed, to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Disapplication of Schedule 2

12 Schedule 2 to this Act does not apply in relation to pupil referral units or the provision for pupils at such units of board and lodging (whether at units or elsewhere).

Children with special educational needs

13 Sections 161(1) to (4), 162 and 168(5)(b) of this Act, and paragraph 3(4) of Schedule 10 to this Act, apply in relation to pupil referral units as they apply in relation to maintained schools.

School attendance orders

14 (1) Where a pupil referral unit is named in a school attendance order--

(a) the local education authority shall inform the teacher in charge of the unit, and

(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2) The reference to a school in section 193(4) of this Act does not include a pupil referral unit.

(3) A local education authority shall, before deciding to specify a particular pupil referral unit in a notice under section 193(2) of this Act where another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority and, if they decide to specify the unit in the notice, they shall serve notice in writing of their decision on that authority.

(4) Section 194(7) and (8) of this Act applies where a notice is served on a local education authority under sub-paragraph (3) above as it applies where notice is served under subsection (6) of that section.

(5) The parent of a child in respect of whom a school attendance order is in force may not under section 195 of this Act request the local education authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 199 of this Act to the school at which he is a registered pupil shall be read as references to the unit.

Section 307.

SCHEDULE 19 Minor and consequential amendments

The Children and Young Persons Act 1933 (c. 12)

1 Section 10 of the Children and Young Persons Act 1933 (vagrants preventing children from receiving education) is omitted.

2 In section 30(1)(a) of that Act (interpretation) for the words from "for the purposes" to the end of paragraph (a) there is substituted "over compulsory school age (construed in accordance with section 277 of the Education Act 1993)".

The Education Act 1944 (c. 31)

3 The Education Act 1944 is amended as follows.

4 Section 1(1) (general duty of Secretary of State) is omitted.

5 In section 6(1) (local education authorities) the words from "Subject" to "Act" are omitted.

6 Section 9(5) (definition of special school) is omitted.

7 In section 15 (voluntary schools) for "the maintenance contribution payable by the Minister under this Act", in subsections (2) and (5), there is substituted "grants under section 281 of the Education Act 1993".

8 In section 16(1) (transfer of schools to new sites, etc), "any county school or" and the words following "the new site" are omitted.

9 In section 26(4)(a) (special provisions as to religious education in county schools) after "particular" there is inserted "religion or".

10 Section 35 (compulsory school age) is omitted.

11 Sections 37 (school attendance orders), 39 (duty of parents to secure regular attendance of registered pupils) and 40 (enforcement of school attendance) are omitted.

12 In section 50 (provision of board and lodging otherwise than at school)--

(a) in subsection (1) "by them" is omitted, and

(b) in subsection (2) after "with respect to the" there is inserted "religion or".

13 In section 52 (recovery of cost of board and lodging otherwise than at school), in paragraph (a) of the proviso to subsection (1), "by the authority" is omitted.

14 In section 54 (power to ensure cleanliness)--

(a) in subsection (1) after "by them" there is inserted "and grant-maintained schools within their area",

(b) in subsection (6) after "authority" there is inserted "or at a grant-maintained school", and

(i) after "by the authority" there is inserted "or at a grant-maintained school within the area of the authority", and

(ii) for "this Act" there is substituted "Part IV of the Education Act 1993".

15 In section 55 (transport), at end of subsection (3) there is added "and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres".

16 Section 56 (power to provide education otherwise than at school) is omitted.

17 In section 58 (adaptation of enactments relating to employment of children) "for the purposes of this Act" is omitted.

18 In section 63(2) (exemption from local Acts and byelaws of buildings approved by the Secretary of State) after "plans for" there is inserted "or particulars in respect of".

19 That subsection shall have effect as if the reference to plans approved by the Secretary of State included particulars given in pursuance of section 151(2)(b) of this Act.

20 In section 76 (pupils to be educated in accordance with the wishes of their parents)--

(a) for "this Act" there is substituted "the Education Acts 1944 to 1993", and

(b) before "and local education authorities" there is inserted "the funding authorities".

21 In section 80(1) (registration of pupils at schools) after "to the Secretary of State" there is inserted "to the funding authorities".

22 Sections 102 and 103 (contributions and grants by Secretary of State to aided and special agreement schools) are omitted.

23 In section 105 (power of Secretary of State to make loans to aided and special agreement schools in respect of initial expenditure)--

(a) in subsection (2)--

(i) in paragraph (c)(i) after "premises" there is inserted "or on a transfer of the school to a new site" and for "a maintenance contribution" there is substituted "grants under section 281 of the Education Act 1993",

(ii) in paragraph (c)(iii) for the words from "which" to the end there is substituted "being expenses in respect of which grants under section 281 of the Education Act 1993 may be paid",

(iii) paragraph (d) is omitted, and

(iv) in the words following that paragraph, "maintenance contribution" is omitted and for "either of the last two foregoing sections" there is substituted "section 281 of the Education Act 1993", and

(b) in subsection (3) after "representative of any" there is inserted "religion or".

24 In section 114 (interpretation)--

(a) in subsection (1)--

(i) for the definition of "compulsory school age" there is substituted--

" "Compulsory school age" shall be construed in accordance with section 277 of the Education Act 1993 " ,

(ii) in the definition of "registered pupil", for "pupil registered as such" there is substituted "person registered as a pupil",

(iii) in the definition of "secondary school", "primary or" is omitted, and

(iv) in the definition of "special educational needs" and "special educational provision", for "1 of the Education Act 1981" there is substituted "156 of the Education Act 1993", and

(b) for subsection (1E)(b) there is substituted--

" (b) sections 25 to 27, 29, 37, 60, 63 and 65 of the Education Act 1993, paragraph 9 of Schedule 6 to that Act and Schedule 7 to that Act " .

25 In section 116 (saving as to persons of unsound mind and persons detained by order of a court) after "this Act" there is inserted "or by or under the Education Act 1993".

26 In the First Schedule (local administration) Part I is omitted.

27 In the Fifth Schedule (procedure for preparing and bringing into operation an agreed syllabus of religious education)--

(a) in paragraph 2(a) for "and other religious denominations" there is substituted "denominations and other religions and denominations of such religions",

(b) in the proviso to paragraph 2 for "to represent other religious denominations" there is substituted "under sub-paragraph (a) above",

(d) in paragraph 4--

(i) for "religious" there is substituted "religion", and

(ii) for the words from "vacancy occurs" to the end there is substituted "person resigns or is withdrawn from the committee the authority shall appoint someone in his place in the same manner as that in which they made the original appointment".

28 In the Eighth Schedule (amendment of enactments), the entry relating to section 10 of the Children and Young Persons Act 1933 is omitted.

The Education Act 1946 (c. 50)

29 In the First Schedule to the Education Act 1946 (maintenance of voluntary schools), in paragraph 2, for "section one hundred and three of the principal Act" there is substituted "section 281 of the Education Act 1993".

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

30 Section 9 of the Education (Miscellaneous Provisions) Act 1948 (presumption of age in proceedings to enforce attendance at school) is omitted.

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

31 In section 6(2) of the Education (Miscellaneous Provisions) Act 1953 (payment of tuition and boarding fees for pupils at non-maintained schools)--

(a) for "the Education Act 1981" there is substituted "Part III of the Education Act 1993",

(b) for "not maintained by them or another local education authority" (in both places) there is substituted "which is not a maintained school",

(c) for "schools maintained by them and schools maintained by other local education authorities" there is substituted "maintained schools",

(d) for "provided by them" in paragraphs (a)(ii) and (b) there is substituted "provided",

(e) paragraph (a)(iii) is omitted, and

(f) at the end there is added-- " and in this subsection "maintained school" means any school maintained by a local education authority and any grant-maintained or grant-maintained special school, and paragraph (b) does not apply where section 190(2) of the Education Act 1993 applies " .

32 Section 10 of that Act (amendment of procedure for making school attendance orders) is omitted.

The Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49)

33 In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) for "for the purposes of the Education Act 1944" there is substituted "(construed in accordance with section 277 of the Education Act 1993)".

The Public Records Act 1958 (c. 51)

34 In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there are inserted at the appropriate places--

" Curriculum Council for Wales " ,

" Funding Agency for Schools " ,

" School Curriculum and Assessment Authority " , and

" Schools Funding Council for Wales " .

The Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)

35 In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for "1953" there is substituted "1993".

The Factories Act 1961 (c. 34)

36 In section 176(1) of the Factories Act 1961 (general interpretation) for the definition of "child" there is substituted--

" "child" means any person who is not over compulsory school age (construed in accordance with section 277 of the Education Act 1993) or over school age for the purposes of the Education (Scotland) Act 1946 " .

The Education Act 1962 (c. 12)

37 Section 9 of the Education Act 1962 (school leaving dates in England and Wales) is omitted.

The Education Act 1964 (c. 82)

38 (1) Section 1 of the Education Act 1964 (middle schools) is amended as follows.

(2) In subsection (1), after "1980" there is inserted "proposals with respect to a grant-maintained school or proposed grant-maintained school are submitted to the Secretary of State under sections 48, 49, 96 or 97 of the Education Act 1993 or proposals with respect to a county school are published under section 272 of that Act".

(3) In subsection (3), for "1962" there is substituted "1993".

The Education Act 1967 (c. 3)

39 Section 1 of the Education Act 1967 (extended powers of Secretary of State to make contributions etc.) is omitted.

The Criminal Justice Act 1967 (c. 80)

40 In Schedule 3 to the Criminal Justice Act 1967 (increase of fines), the entries relating to section 10 of the Children and Young Persons Act 1933 and section 40(1) of the Education Act 1944 are omitted.

The Education Act 1968 (c. 17)

41 In section 1(1) of the Education Act 1968 (changes to character, size or situation of schools) for "1967" there is substituted "1993".

The Children and Young Persons Act 1969 (c. 54)

42 Paragraphs 2 and 13 of Schedule 5 to the Children and Young Persons Act 1969 (minor and consequential amendments of enactments) are omitted.

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

43 (1) Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) "public body" shall include the School Curriculum and Assessment Authority and the Curriculum Council for Wales.

(2) The provision in sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).

The Local Authority Social Services Act 1970 (c. 42)

44 At the end of Schedule 1 to the Local Authority Social Services Act 1970 (enactment conferring functions assigned to social service committee) there is added-- " Education Act 1993.

Help for local education authority in exercising functions under Part III of the Act " .

Section 166.

The Education (Handicapped Children) Act 1970 (c. 52)

45 In section 1(1)(b) of the Education (Handicapped Children) Act 1970 (mentally handicapped children) for the words from "for purposes" to the end of paragraph (b) there is substituted "of compulsory school age (construed in accordance with section 277 of the Education Act 1993)".

The Superannuation Act 1972 (c. 11)

46 Employment with a funding authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted--

" The Funding Agency for Schools.

The Schools Funding Council for Wales. "

47 A funding authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to paragraph 46 above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

48 Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 5 of Schedule 1 to this Act).

The Local Government Act 1972 (c. 70)

49 Section 101(9)(a) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) is omitted.

50 In section 104(2)(a) of that Act (teachers not disqualified for being members of committees) for "for the purposes of the enactments relating to education" there is substituted "wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities".

The Education Act 1973 (c. 16)

51 Section 1(2)(b) of the Education Act 1973 (general provisions as to educational trusts) is omitted.

52 In section 2 of that Act (special powers as to certain trusts for religious education)--

(a) in subsection (1)(a) after "particular" there is inserted "religion or",

(b) in subsection (1A)(b)--

(i) before "denomination" there is inserted "religion or", and

(ii) for "85 or 86 of the Education Reform Act 1988" there is substituted " 139 or 140 of the Education Act 1993",

(c) in subsections (1C), (2) and (4) before "denomination", in each place where it occurs, there is inserted "religion or", and

(d) in subsection (9) for "1971" there is substituted "1993".

The Matrimonial Causes Act 1973 (c. 18)

53 In section 29(2)(a) of the Matrimonial Causes Act 1973 (age limit on making certain orders in favour of children) for the words from "(that is to say" to "that section)" there is substituted "(construed in accordance with section 277 of the Education Act 1993)".

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

54 In section 1(4) of the Education (Work Experience) Act 1973 (interpretation)--

(a) for "1973" there is substituted "1993", and

(b) for the words from "by virtue of" to the end there is substituted "he would cease to be of compulsory school age".

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