Education Act 1993 (c. 35)

(The document as of February, 2008)

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

(b) in subsection (4) after "under this Act" in each place there is inserted "or under the Education Act 1993".

135 Section 200 (grant-maintained schools: school property) is omitted.

136 In section 218(7) (school etc. regulations) after "approval" there is inserted "or, in such cases as may be prescribed, the approval of the funding authority".

137 In section 230 (stamp duty) the following are omitted--

(a) in subsection (1) the words from "section 74" to "96(2)", and

(b) subsections (2), (3) and (4)(b).

138 In section 232 (orders and regulations)--

(a) in subsection (2) for "35(6)" there is substituted "35(4)", and

(b) the following are omitted--

(i) in subsection (2) "53(2), 58(2), 59(1), 91, 94, 102", and

(ii) in subsection (4)(b) "52(7)".

139 In section 235 (general interpretation) the following are omitted--

(a) in subsection (1)--

(i) the definition of "the 1981 Act", and

(ii) in the definition of "transfer date", "74(9)",

(b) in subsection (3)(b) "subject to section 75(2) of this Act", and

140 Paragraph 9 of Schedule 1 is omitted.

141 In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted--

" (b) shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine. "

142 For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted--

" (b) less than 50 per cent. of the person's remuneration will be, or is, met from the school's delegated budget. "

143 Schedule 5 is omitted.

144 In Schedule 10 (supplementary provisions with respect to transfers)--

(a) in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after "under this Act" there is inserted "or under the Education Act 1993",

(b) in paragraph 2(1)(b) (identification of property, etc.) after "this Act" there is inserted "or of the Education Act 1993",

(d) in paragraph 7 (construction of agreements) after "of this Act" in each place there is inserted "or of the Education Act 1993", and

(e) in paragraph 9(6)(b) (third parties affected by vesting provisions) after "of this Act" there is inserted "or of the Education Act 1993".

145 In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

The Employment Act 1989 (c. 38)

146 In section 10(6) (removal of restrictions relating to employment of young persons) for "for the purposes of the Education Act 1944" there is substituted "(construed in accordance with section 277 of the Education Act 1993)".

The Children Act 1989 (c. 41)

147 Section 27(4) of the Children Act 1989 (duty of local authority to assist local education authority) is omitted.

148 In section 28(4) of that Act (local authority support for children and families: consultation with local education authorities) for "the Education Act 1981" there is substituted "Part III of the Education Act 1993".

149 In section 36(8) of that Act (consultation in respect of education supervision orders) the words from "social" to "of the" are omitted.

150 In section 105(1) of that Act (interpretation), in the definition of "special educational needs" for "1981" there is substituted "1993".

151 In paragraph 3 of Schedule 2 to that Act (local authority support for children and families: assessment of children's needs) for "the Education Act 1981" there is substituted "Part III of the Education Act 1993".

152 In Part III of Schedule 3 to that Act (education supervision orders), in paragraph 13--

(a) in sub-paragraph (1) for the words from "sections" to "children and" there is substituted "section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty", and

(b) in sub-paragraph (2)--

(i) in paragraph (a)(i) for "37 of the Act of 1944" there is substituted " 192 of that Act",

(ii) in paragraph (b)(i) for "37" there is substituted "192", and

(iii) in paragraph (b)(ii) for "that Act" there is substituted "the Education Act 1944".

153 In paragraph 3(3) of Schedule 9 (child minding and day care: exemption of certain schools) for "section 52(3) of the Education Reform Act 1988" there is substituted "the Education Act 1993".

154 Paragraphs 4 and 36 of Schedule 12 to that Act (minor amendments) are omitted.

155 Paragraphs 4 and 8 of Schedule 13 to that Act (consequential amendments) are omitted.

The Local Government and Housing Act 1989 (c. 42)

156 In section 13 of the Local Government and Housing Act 1989 (voting rights of members of committees)--

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

(b) for subsection (5) there is substituted--

" (5) Nothing in this section shall prevent the appointment of a person who is not a member of a local education authority as a voting member of--

(a) any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,

(b) any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or

(c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee's functions with respect to education,

where that appointment is required by directions given by the Secretary of State under section 297 of the Education Act 1993 (power of Secretary of State to direct appointment of members of committees). " ,

(d) in subsection (7) for "education committee or sub-committee of an education committee" there is substituted " committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection " .

157 In Schedule 1 to that Act (political balance on local authority committees) in paragraph 4--

(a) in sub-paragraph (1)--

(i) the definition of "education committee" is omitted, and

(ii) in paragraph (a) of the definition of "ordinary committee", "education committee, their" is omitted, and

(b) in sub-paragraph (2) in paragraph (a) of the definition of "ordinary committee", "education committee or" is omitted.

158 Paragraph 98 of Schedule 11 to that Act (minor and consequential amendments) is omitted.

The Planning (Consequential Provisions) Act 1990 (c. 11)

159 Paragraph 78 of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (consequential amendments) is omitted.

The National Health Service and Community Care Act 1990 (c. 19)

160 Paragraph 22 of Schedule 9 to the National Health Service and Community Care Act 1990 (minor and consequential amendments) is omitted.

The School Teachers' Pay and Conditions Act 1991 (c. 49)

161 In section 2 of the School Teachers' Pay and Conditions Act 1991 (orders relating to statutory conditions of employment), in subsections (6) and (7) for "section 3" there is substituted "sections 3 and 3A".

The Diocesan Boards of Education Measure 1991 (1991 No. 2)

162 The Diocesan Boards of Education Measure 1991 is amended as follows.

163 In section 3 (transactions for which advice or consent of Diocesan Board required)--

(a) in subsection (4) for the words from "by a resolution" to the end there is substituted " to hold a meeting to consider whether to hold a ballot of parents on the question of whether grant-maintained status should be sought for the school, it shall--

(a) give to the secretary of the Board for the diocese in which the school is situated at least seven days' notice that such a meeting is to be held at such time and place as is specified in the notice, and

(b) have regard to any relevant advice given by the Board, when considering at the meeting whether to hold a ballot of parents on that question,

and in paragraph (b) above, "relevant advice" means advice given in connection with the acquisition of grant-maintained status for the school whether given for the purposes of that school or for Church of England voluntary schools generally " ,

(b) in subsection (5) for "89 of the 1988 Act" there is substituted " 96 of the Education Act 1993", and

164 In section 5 (proposals for acquisition of grant-maintained status)--

(a) for "subsection (5) of section 62 of the 1988 Act" there is substituted "paragraph 2 of Schedule 3 to the Education Act 1993", and

(b) for "the advice given by the Board under section 3(4) above" there is substituted "any relevant advice (defined in section 3(4) above) given by the Board".

165 In section 6(2) (Board to be consulted in certain cases) for "102 of the 1988 Act" there is substituted "136 of the Education Act 1993".

166 In section 7(3) (powers of Board to give directions to governing bodies of aided church schools) for "1988" there is substituted "1993".

167 In section 10 (interpretation)--

(a) for the definition of "church school" in subsection (1) there is substituted--

" "church school" means--

(a) a Church of England voluntary school,

(b) a grant-maintained school which was such a voluntary school immediately before it became grant-maintained,

(c) a grant-maintained school established in pursuance of proposals published under section 49 of the Education Act 1993 where either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to that Act provides for religious education at the school to accord with the faith and practice of the Church of England, or

(d) a grant-maintained school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the faith and practice of the Church of England are approved under section 98 of that Act " , and

(b) in subsection (3)--

(i) after "the 1988 Act" there is inserted "or the Education Act 1993", and

(ii) for "that Act" there is substituted "those Acts".

The Further and Higher Education Act 1992 (c. 13)

168 Section 13 of the Further and Higher Education Act 1992 (provision of further education in grant-maintained schools) is omitted.

169 Section 59(5) of that Act (changes to special schools) is omitted.

170 In section 90(1) of that Act (interpretation), in the definition of "the Education Acts", for "1992" there is substituted "1993".

171 In Schedule 8 to that Act (minor and consequential amendments)--

(a) paragraphs 18 and 29 are omitted, and

(b) in paragraph 62(3) after "this Act" there is inserted "or (as the case may be) the Education Act 1993".

The Local Government Finance Act 1992 (c. 14)

172 Paragraph 58 of Schedule 13 to the Local Government Finance Act 1992 (minor and consequential amendments) is omitted.

The Education (Schools) Act 1992 (c. 38)

173 (1) In section 9 of the Education (Schools) Act 1992 (schools inspection)--

(a) in subsection (3) in paragraph (e) for the words from "11(3)(a)" to the end there is substituted " 189(1) of the Education Act 1993 (approval of independent schools for children with statements)",

(b) at the end of subsection (6) there is inserted "or to the content of collective worship which falls to be inspected under section 13", and

(2) Schedule 2 to that Act is amended as follows.

(3) In paragraph 1, for the words from "body" (at the end of the definition of "appropriate authority") to the end there is substituted--

" "inspection by a member of the Inspectorate" means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

"member of the Inspectorate" means the Chief Inspector, any of Her Majesty's Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

"section 9 inspection" means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education. "

(4) For "an inspection" in paragraphs 2, 3(5), 4(1), 5(1), 6 and 7 there is substituted "a section 9 inspection" and for "Every inspection" in paragraph 3(1) there is substituted "Every section 9 inspection".

(5) For paragraph 9 there is substituted--

" 9 (1) Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.

(2) Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3) If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4) The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector's opinion.

(5) Where--

(a) the Chief Inspector informs the inspector that he disagrees with the inspector's opinion, but

(b) the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6) Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector's opinion.

(7) A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall--

(a) state his opinion, and

(b) state whether the Chief Inspector agrees or disagrees with his opinion.

(8) If a report of an inspection of a school by a registered inspector is made in circumstances where--

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

(b) in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the person making the report shall state his opinion in the report.

9A (1) Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall--

(a) prepare in writing a report of the inspection and a summary of the report, and

(b) state his opinion in the report.

(2) If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where--

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3) A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4) If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where--

(a) he is of the opinion that special measures are not required to be taken in relation to the school, but

the member of the Inspectorate shall state his opinion in the report.

9B (1) The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).

(2) The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.

(3) The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to--

(a) the inspector,

(b) the appropriate authority, and

(4) This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.

9C (1) In the case of a report of a section 9 inspection of a school, the person making it shall without delay--

(a) send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b) if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2) In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3) In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4) In the case of--

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall--

(a) make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b) provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable. "

(6) For paragraphs 10 and 11 there is substituted--

" 10 (1) Where--

(a) a report of a section 9 inspection of a school, or

(b) a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is--

(a) such period as may be prescribed, or

(b) if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it--

(a) to the Chief Inspector,

(b) to the Secretary of State, except in the case of a maintained nursery school, and

(4) In the case of--

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall--

(a) make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

11 (1) This paragraph applies in circumstances where--

(a) in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b) either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c) a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d) if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2) Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3) The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4) The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5) In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above--

(a) states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b) states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule. "

(7) For paragraph 12 there is substituted--

" 12 (1) Where an inspection of a school is required under section 9 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.

(2) Where an inspection is conducted by a member of the Inspectorate by virtue of this paragraph, this Act shall have effect (unless the context otherwise requires) in relation to the inspection as if the member of the Inspectorate were a registered inspector.

(3) If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 6(2)(b) or 7(1), that inspection shall be treated for the purposes of section 9(1) and (2) and this Part of this Schedule as if it were an inspection under section 9 and the member of the Inspectorate were a registered inspector " .

(8) In paragraph 14(4)--

(a) in paragraph (b), for "the prescribed fee" there is substituted "such fee as they think fit (not exceeding the cost of supply)", and

(b) in paragraph (c), after "education" there is inserted "or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13".

(9) In paragraph 15(3)--

(a) in paragraph (b), for "the prescribed fee" there is substituted "such fee as they think fit (not exceeding the cost of supply)", and

(b) in paragraph (c), after "education" there is inserted "or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13".

The Tribunals and Inquiries Act 1992 (c. 53)

174 In paragraph 15(c) of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals), for "section 58(5)(d) of the Education Reform Act 1988 (c. 40)" there is substituted "paragraph 5(1) of Schedule 6 to the Education Act 1993".

The Charities Act 1993 (c. 10)

175 In Schedule 2 to the Charities Act 1993 (exempt charities) after paragraph (d) there is inserted--

" (da) the School Curriculum and Assessment Authority; " .

Section 307.

SCHEDULE 20 Transitional provisions and savings

Instruments and articles for grant-maintained schools incorporated under the old law

1 (1) This paragraph applies in relation to a grant-maintained school the governing body of which were incorporated under Chapter IV of Part I of the [1988 c. 40.] Education Reform Act 1988.

(2) If at the commencement of section 56 of this Act both an instrument of government and articles of government have been made for the school under that Chapter the instrument and articles so made--

(a) shall have effect as if they contained such modifications as may be required by an order under section 308 of this Act, and

(b) shall (as so modified) have effect as if made by an order under section 57 of this Act and in accordance with Part II of this Act.

(3) If sub-paragraph (2) above does not apply--

(a) the instrument and articles of government prescribed by virtue of section 56 of this Act shall have effect as from the commencement of that section, and

(b) Part III of Schedule 7 to this Act shall have effect while those instruments are in force with such modifications as may be required by an order under section 308 of this Act.

Grants: transitional arrangements

2 (1) A commencement order may provide for any functions conferred on the Secretary of State by or under the old grants code or the transitory grants code for Wales, so far as relating to any amounts which--

(a) fall, or may fall, to be paid in a financial year for which section 81 of this Act has effect or, as the case may be, after the commencement of section 82 or 83 of this Act, or

(b) have been paid by the Secretary of State,

in respect of any grant under that code, to be exercisable instead by the funding authority.

(2) The order may provide for functions exercisable by the funding authority by virtue of sub-paragraph (1) above to be exercised in accordance with the order.

(3) In this paragraph--

"commencement order" means, in relation to England, an order under section 308 of this Act and, in relation to Wales, an order under section 4 of this Act,
"the old grants code" means sections 79 and 80 of the Education Reform Act 1988 as they apply in relation to England, and
"the transitory grants code for Wales" means sections 86 to 91 of this Act.

Meaning of "funding authority" before Funding Agency for Schools begin to exercise functions

3 (1) Before the Funding Agency for Schools begin to exercise their functions, references in the relevant provisions to the funding authority shall be read in relation to schools in England or the governing bodies of such schools as references to the Secretary of State.

(2) The relevant provisions are--

(a) paragraph 1(3) of Schedule 3 to this Act, and

(b) paragraph 6 of Schedule 4 to this Act.

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