Education Act 1993 (c. 35)

(The document as of February, 2008)

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

The House of Commons Disqualification Act 1975 (c. 24)

55 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)--

(a) there are inserted at the appropriate places--

" Any member of an education association in receipt of remuneration " ,

" Any member of the Funding Agency for Schools in receipt of remuneration " , and

" Any member of the Schools Funding Council for Wales in receipt of remuneration " , and

(b) for the entry relating to the National Curriculum Council there is substituted--

" Any member of the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993 in receipt of remuneration " .

The Sex Discrimination Act 1975 (c. 65)

56 In section 23(1) of the Sex Discrimination Act 1975 (other discrimination by local education authorities) for "1981" there is substituted "1993".

57 After section 23B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted--

" 23C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes sex discrimination. "

58 In section 24(2)(d) of that Act (designated establishments) after "school age" there is inserted "(construed in accordance with section 277 of the Education Act 1993)".

59 In section 25 of that Act (general duty in public sector of education)--

(a) in subsections (2) and (4) for "and 23" there is substituted "23, 23A and 23C", and

(b) after subsection (6)(d) there is added--

" (e) the Funding Agency for Schools and the Schools Funding Council for Wales. " .

60 In section 82(1) of that Act (general interpretation) the definition of "upper limit of compulsory school age" is omitted.

61 In paragraph 1 of Schedule 2 to that Act (transitional exemption orders for educational admissions) for "89 of the Education Reform Act 1988" there is substituted " 96 of the Education Act 1993".

62 (1) Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(2) Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then--

(a) paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and

(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.

(3) Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then--

(a) if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and

(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

(4) Where proposals made by the Secretary of State under section 234 of this Act--

(a) are for a school to cease to be an establishment which admits pupils of one sex only, and

(b) have effect as mentioned in section 236(3) of this Act,

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

(5) Where--

(a) by reason of section 273(4)(b) of this Act any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and

(b) the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

(6) In this paragraph--

"responsible body" has the same meaning as in section 22 of the 1975 Act,
"the 1975 Act" means the Sex Discrimination Act 1975, and
"transitional exemption order" has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school's admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

The Education (School-leaving Dates) Act 1976 (c. 5)

63 The Education (School-leaving Dates) Act 1976 is repealed.

The Race Relations Act 1976 (c. 74)

64 In section 18(1) of the Race Relations Act 1976 (other discrimination by local education authorities) for "1981" there is substituted "1993".

65 After section 18B of that Act (discrimination by Scottish Further and Higher Education Funding Councils) there is inserted--

" 18C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales.

66 In section 19 of that Act (general duty in public sector of education)--

(a) in subsections (2) and (4) for "and 18" there is substituted "18, 18A and 18C", and

(b) after subsection (6)(d) there is added--

" (e) the Funding Agency for Schools and the Schools Funding Council for Wales. " .

67 In section 78(1) of that Act (general interpretation) the definition of "upper limit of compulsory school age" is omitted.

The Criminal Law Act 1977 (c. 45)

68 In Schedule 6 to the Criminal Law Act 1977 (increase of fines for certain summary offences) the entry relating to the Education Act 1944 is omitted.

The National Health Service Act 1977 (c. 49)

69 In section 28A(2) of the National Health Service Act 1977 (power to make payments to local education authority) for "1981" there is substituted "1993".

70 In paragraph 1(a)(ii) of Schedule 1 to that Act (medical and dental inspection and treatment of pupils etc.) for the words from "special arrangements" to "1981" there is substituted "section 163 or 298 of the Education Act 1993".

The Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

71 In section 5(2)(a) of the Domestic Proceedings and Magistrates' Courts Act 1978 (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 Act 1980 (c. 20)

72 The Education Act 1980 is amended as follows.

73 In section 7 (appeals against admission decisions) after "functions" there is inserted "(other than a decision leading to or embodied in a direction under section 13 of the Education Act 1993)".

74 In section 9(2) (nursery schools and special schools) for "7 of the Education Act 1981" there is substituted "168 of the Education Act 1993".

75 Sections 10 (determination of school to be named in school attendance order) and 11 (amendment of school attendance order) are omitted.

76 In section 13(1) (establishment and alteration of voluntary schools) "after consultation with the authority" is omitted.

77 In section 14 (approval of school premises)--

(a) in subsection (1)(c), after "school" there is inserted "or the transfer of a school to a new site", and

(b) subsection (4) is omitted.

78 In section 16 (provisions supplementary to sections 12 to 15), after subsection (1) there is inserted--

" (1A) Subsection (1) above does not apply to the transfer of a school to a new site--

(a) if the transfer is authorised by an order under section 16(1) of the Education Act 1944,

(b) if at the time of transfer the school is intended to return to the existing site within three years, or

(c) if in the case of a county school the new site is in the same area and the local education authority are satisfied that it is expedient that the school should be transferred to the new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they conform to the prescribed standards or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning. "

79 In section 22 (school meals) after subsection (4) there is inserted--

" (4A) Where the governing body of a school which has a delegated budget within the meaning of Chapter III of Part I of the Education Reform Act 1988 provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they--

(a) must charge for anything so provided,

(b) must charge every pupil the same price for the same quantity of the same item, and

80 Paragraph 10 of Schedule 1 (school government: consequential amendments) is omitted.

81 In paragraph 1(3) and (4) of Schedule 2 (constitution of appeal committees) "or of any education committee of the authority", in each place where it occurs, is omitted.

The Education Act 1981 (c. 60)

82 The Education Act 1981 is repealed except for sections 2(1), 11(1) and 17, the definition of "principal Act" in section 20(1), sections 20(2) and (3) and 21, paragraph 1 of Schedule 2, paragraphs 3, 4, 6, 7, 8(1) and (2)(b) and (d), 11, 12 and 14 of Schedule 3 and Schedule 4.

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

83 In paragraph 22(1)(i) of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) after "authority" there is inserted "a grant-maintained school".

The Value Added Tax Act 1983 (c. 55)

84 In Note (2) of Group 6 of Schedule 6 to the Value Added Tax Act 1983 (meaning of "school" for purposes of determining whether provision of education is an exempt supply) for "1981" there is substituted "1993".

The Registered Homes Act 1984 (c. 23)

85 In section 1(6) of the Registered Homes Act 1984 (requirement of registration: independent schools) for "11(3)(a) of the Education Act 1981" there is substituted " 189(1) of the Education Act 1993".

The Building Act 1984 (c. 55)

86 In section 4(1)(a) of the Building Act 1984 (exemption of educational buildings etc.) for the words from "plans" to the end there is substituted--

" (i) plans that have been approved by the Secretary of State,

(ii) particulars submitted and approved under section 14 of the Education Act 1980 or under regulations made under section 218(7) of the Education Reform Act 1988,

(iii) particulars approved or adopted under section 51, 99 or 185 of the Education Act 1993, or

(iv) particulars given in a direction under section 151 of that Act. "

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

87 In section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education)--

(a) in subsection (1)(a) after "1981" there is inserted "or 168 of the Education Act 1993",

(b) in subsection (8)--

(i) for "4 of Schedule 1 to the Education Act 1981" there is substituted "7 of Schedule 10 to the Education Act 1993", and

(ii) for "made under section 7" there is substituted "maintained under section 168", and

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

88 The Education (No. 2) Act 1986 is amended as follows.

89 In section 5(4)(b) (appointment of parent governors by governing body) the words after "by the authority" are omitted.

90 In section 9(5) (grouping)--

(a) at the end of paragraph (a) there is inserted " or

(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools) " ,

and "or" at the end of sub-paragraph (ii) is omitted, and

(b) paragraph (b) is omitted,

and that section shall have effect as if the transfer of a school to a new site in pursuance of section 16(1A)(c) of the [1980 c. 20.] Education Act 1980 were an alteration of a kind mentioned in subsection (5) of that section.

91 In section 11 (reviews)--

(a) after subsection (2)(a)(iii) there is inserted " or

(iv) section 183 of the Education Act 1993 (establishment, etc. of maintained special schools) " ,

and "or" at the end of sub-paragraph (ii) is omitted,

(b) subsection (2)(b) is omitted,

(d) in subsections (3) and (6), for "(b)" there is substituted "(iv)", and

(e) subsection (7) is omitted.

92 In section 12 (temporary governing bodies)--

(a) in subsection (1)(a) after "the 1980 Act" there is inserted "or section 184 of the Education Act 1993",

(b) in subsection (2)(a)(i) after "school" there is inserted "or a new school which is specially organised to make special educational provision for pupils with special educational needs",

(d) in subsection (4) after "published" there is inserted "or, as the case may be, notice of the proposal has been duly served".

93 In section 13 (effect of change of circumstances), in subsection (2), "or (b)" is omitted.

94 In section 18 (review of curriculum), for subsection (7)(b) there is substituted--

" (b) the implementation of any proposal under section 183 of the Education Act 1993 (establishment, alteration and discontinuance of maintained special schools) " .

95 In section 22 (discipline), in paragraph (a)(ii) after "behaviour" there is inserted "and respect for others".

96 In section 23 (exclusions) "or indefinite" in paragraphs (a)(ii) and (b) is omitted.

97 In section 24 (reinstatement in county etc. schools)--

(a) in paragraph (a)(i), for "after consulting the governing body" there is substituted "(after giving the governing body an opportunity to express their views and after considering any views expressed within the prescribed period by the governing body)",

(b) in paragraph (b), for "an exclusion which is for an indefinite period or is permanent" there is substituted "permanent exclusion",

(d) in paragraph (f), "or (c)" is omitted.

98 In section 25 (reinstatement in aided etc. schools)--

(a) in paragraph (c), for "consult the governing body" there is substituted "give the governing body an opportunity to express their views and to consider any views expressed within the prescribed period by the governing body", and

(b) paragraphs (d), (e) and (f) are omitted.

99 Regulations may provide that, where a local education authority or governing body of a school are required under section 24 or 25 of that Act to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.

100 In section 38 (duties of local education authority and governing body in relation to appointment of staff)--

(a) in subsection (4)(c) the words after "to the post" are omitted, and

(b) in subsection (6)(b) "or (4)(c)(ii)" is omitted,

and any provision made by virtue of subsection (4)(c)(ii) of that section in the articles of government for any county, controlled, special agreement or maintained special school shall cease to have effect.

101 In section 47 (abolition of corporal punishment)--

(a) in subsection (5)(b), for the words from "primary" (where first mentioned) to "full-time" there is substituted "education", and

(b) at the end of subsection (6)(b) there is added "or by the funding authority or a local education authority under paragraph 9 or 10 of Schedule 2 to the Education Act 1993".

102 In section 50 (grants for teacher training, etc.)--

(a) in subsection (2)(b) for "capacity as an employee of the kind in question" there is substituted "employment", and

(b) the following are omitted--

(i) in subsection (3)(c) "local education authorities, and other", and

(ii) subsection (4).

103 In section 51 (recoupment)--

(a) in subsection (8) for the words from the beginning to "references to" there is substituted "The reference in subsection (2) above to further education does not include a reference to",

(b) subsection (9) is omitted,

(d) in subsection (11) for "this section" there is substituted "the regulations", and

(e) subsection (13) is omitted.

104 In section 52 (recoupment: cross-border provisions) for subsection (2) there is substituted--

" (2) Section 51(3) and (4) of this Act applies for the purposes of this section as it applies for the purposes of that " .

105 In section 54(12) (change of status of controlled school to aided school) paragraph (f) is omitted.

106 In section 58(1) (travelling and subsistence allowances for governors), in paragraph (a) for "county, voluntary and maintained special schools" there is substituted "any county, voluntary or maintained special school which does not have a delegated budget (construed in accordance with section 33(6)(b) of the Education Reform Act 1988)".

107 In section 63 (orders and regulations)--

(a) in subsection (3) for "or different circumstances" there is substituted "circumstances or areas", and

(b) subsection (4) is omitted.

108 In section 65(1) (interpretation) the definition of "the 1981 Act" is omitted.

109 Schedule 2 (new schools) is amended as follows--

(a) in paragraph 2(1)(b) for "section 4" there is substituted "sections 4 and 4A",

(b) in paragraph 2(2)--

(i) after "4" there is inserted "4A", and

(ii) paragraph (b) is omitted,

(c) in paragraph 5(2), for "12(3) or (4)" there is substituted "12(4)" and in paragraph (b) the words after "proposal" are omitted,

(d) in paragraph 7(7) the words after "by the authority" are omitted, and

(e) in paragraph 9 after "Any person" there is inserted "other than a person who is to be named in the instrument of government as a sponsor of the school".

The Local Government Act 1988 (c. 9)

110 Section 1(1)(j) of the Local Government Act 1988 (defined authorities) is omitted.

111 In Schedule 2 to that Act the words from "A joint education committee" to "1944" are omitted.

The Education Reform Act 1988 (c. 40)

112 The Education Reform Act 1988 is amended as follows.

113 In section 3(3) (foundation subjects and key stages)--

(a) for "and (5)" there is substituted "(5) and (5A)", and

(b) in paragraph (d) for the words from "majority", in the second place in which it occurs, to the end there is substituted "expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age".

114 In section 8(2) (religious education required in the basic curriculum) for "84 to 86 of this Act" there is substituted "138 to 140 of the Education Act 1993".

115 In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after "particular" there is inserted "religion or".

116 In section 11 (standing advisory councils on religious education)--

(a) in subsection (4)(a) for "and other religious denominations" there is substituted "denominations and other religions and denominations of such religions", and

(b) at the end of that section there is added--

" (13) The council shall send a copy of each report published by them under subsection (9) above--

(a) in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b) in the case of a council for an area in Wales, to the Curriculum Council for Wales. "

117 In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before "denomination", in each place, there is inserted "religion".

118 Section 14 (establishment of curriculum and assessment councils) is amended as follows--

(a) in subsection (2) for "Each" there is substituted "The",

(b) in subsection (3) for the words from "Curriculum Council, that" to "shall be" there is substituted "Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education", and at the end of paragraph (c) there is inserted--

" (ca) to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order; " ,

(d) in subsection (6) for "each" there is substituted "the", and

(e) in subsection (7) for "each" there is substituted "the".

119 In section 16 (development work and experiments)--

(a) in subsection (3)(a) and (b) for "Curriculum Council" there is substituted "appropriate curriculum authority", and

(b) at the end there is added--

" (6) In subsection (3) above, "appropriate curriculum authority" means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales. " .

120 In section 18 (pupils with statements of special educational needs) for "7 of the 1981 Act" there is substituted "168 of the Education Act 1993".

121 In section 19 (temporary exceptions for individual pupils)--

(a) in subsection (4)(c)(ii) for "7 of the 1981 Act" there is substituted "168 of the Education Act 1993", and

(b) in subsection (6) for "5 of the 1981 Act" there is substituted "167 of the Education Act 1993".

122 (1) Section 20 (procedure for making certain orders: England) is amended as follows.

(2) In subsection (2), for "National Curriculum Council" there is substituted "School Curriculum and Assessment Authority".

(3) For "the Council", in each place where it occurs, there is substituted "the Authority".

123 In section 22(3) (provision of information) for "section 58(5)(j) of this Act" there is substituted "paragraph 8 of Schedule 6 to the Education Act 1993".

124 In section 24(2) (extension of certain provisions) for "14(4) of this Act" there is substituted "245(1) of the Education Act 1993".

125 In section 36 (delegation to governing body of management of school's budget share)--

(a) in subsection (4) after "of this Act" there is inserted "and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training)", and

(b) after subsection (5A) there is inserted--

" (5B) Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances. "

126 Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127 In section 106 (prohibition of charges, etc. in maintained schools) for "57(5) of this Act" there is substituted, in each place, " 68(8) of the Education Act 1993".

128 In section 110(1) (charges and remissions policies) for "57(5) of this Act" there is substituted " 68(8) of the Education Act 1993".

129 In section 111 (charges for board and lodging at boarding schools)--

(a) in subsection (1), for the words from "at the expense of" to the end there is substituted "there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging",

(b) in subsection (2), for paragraph (b) and the words following it there is substituted--

" (b) the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school " ,

(d) subsection (4) is omitted, and

(e) in subsection (5)--

(i) for "a local education authority" there is substituted "the local education authority for the pupil's area", and

(ii) in paragraph (b), after "payable" there is inserted "to another local education authority or" and "provided under arrangements made by the authority" is omitted.

130 In section 119(2) (interpretation of Part I) "52(4), 89 or 92" is omitted.

131 In section 163(1) (new education authorities for inner London) for "1988" there is substituted "1993".

132 In section 166(5) (responsibility for schools) for "1988" there is substituted "1993".

133 In section 197(6) (Education Assets Board to comply with directions) for "1992" there is substituted "1993".

134 In section 198 (transfers under Parts I and II)--

(a) in subsection (1)--

(i) "74" is omitted, and

(ii) after "of this Act" there is inserted "or section 38 of the Education Act 1993", and

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