The Education Reform Act 1988 (Commencement No. 4) Order 1988

Explanatory Note

(This note is note part of the Order)

This Order brings into force on 1st January 1989 section 152(10) of the Education Reform Act 1988, which requires local education authorities to take into account guidance issued by the Secretary of State as to the content of instruments and articles of government for institutions of further or higher education which they maintain. Also brought into force on that date are section 219 (to the extent not already in force) - the section extends the provisions of sections 67, 68 and 99 of the Education Act 1944(c. 31), which gave powers to the Secretary of State to determine disputes, to prevent unreasonable exercise of powers, and to act in default - paragraphs 63 and 67 of Schedule 12 (amendment of the Charities Act 1960(c. 58) and the Parliamentary Commissioner Act 1967(c. 13)) and the provisions of Schedule 13 repealing various provisions of the Education Acts 1944 and 1946(c. 50) relating to religious education and worship, and repealing the Education (No. 2) Act 1968.

It brings into force on 1st February 1989 section 121 (which relates to the initial incorporation of local education authority institutions of higher education) as respects Southampton Institute of Higher Education. That section was brought into force generally on 21st November 1988 by the Commencement (No. 2) Order.

Brought into force on 1st April 1989 are section 120 of the Act, which restates the functions of local education authorities with respect to higher and further education, and paragraphs 54 to 57, 59, 61, 62, 65, 66, 69 to 79, 86 to 98,100,101,103 to 105 and 107 of Schedule 12 (minor amendments consequential upon the coming into force of section 120), and various consequential repeals in Schedule 13.

It also brings into force on 1st August 1989 section 7, which relates to collective worship in county schools, except in relation to such schools currently maintained by the Inner London Education Authority.

Brought into force on 1st April 1990 are the remaining provisions of section 152, which relate to instruments and articles of government of maintained further and higher education institutions.

Finally, section 7 is brought into force for schools formerly maintained by ILEA on 1st August 1990, at the beginning of the first new school year following ILEA’s abolition.