An Act to enlarge the powers of the Secretary of State to make contributions, grants and loans in respect of aided schools and special agreement schools and to direct local education authorities to pay the expenses of establishing or enlarging controlled schools; and to provide for loans for capital expenditure incurred for purposes of colleges of education by persons other than local education authorities.
[16th February 1967]
Modifications etc. (not altering text)
C1Act amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 18(2)
C2Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 163(1), 231(7), 235(6)
C3Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(2)(a)
C4Act applied (provinces of Canterbury and York except Channel Islands and Isle of Man) (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2), s. 7(3); Instrument made by Archbishops dated 26.7.1991
C5Act: certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2
Commencement Information
I1Act wholly in force at Royal Assent
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)Where the Secretary of State—
(a)has approved proposals submitted to him under [F2section 13 of the Education Act 1980] that a school proposed to be established should be maintained by a local education authority as a voluntary school and has directed that the proposed school shall be an aided school or special agreement school;. . . F3
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
he may, out of moneys provided by Parliament, pay to the. . . F4 governors of the school, in respect of any sums expended by them on the provision of a site for the school or of the school buildings, a grant not exceeding [F585 per cent.] of those sums; but no such grant shall be payable to the managers or governors of a special agreement school in respect of any sums expended by them in the execution of proposals to which the special agreement for the school relates.
(3)Subsection (3) of section 103 of the M1Education Act 1944 (which makes provision for the exercise of the Secretary of State’s discretion in determining the amount of grants under that section) shall, with the necessary modifications, apply to grants under subsection (2) of this section.
(4)For the purposes of section 105 of the M2Education Act 1944 (which authorises the Secretary of State to make loans to the. . . F4 governors of aided schools and special agreement schools for certain initial expenses involving capital expenditure) any expenses in respect of which the Secretary of State may make a grant under subsection (2) of this section shall be included in the expression “initial expenses”, and in determining the. . . F4 governors’ share of any initial expenses the amount of any such grant paid or payable in respect of them shall be taken into account in the same way as grants under section 103 of that Act.
(5)The following provisions, being superseded by this section, shall cease to have effect (subject to subsection (6) of this section), that is to say—
(a)in section 103 of the Education Act 1944, in subsection (1) the words from “or directs” to “discontinued” and the words “or any school to be established”, and in subsection (3) the words from “or of the sites” to the end;
(b)section 104 of that Act;
(c)section 1 of the M3 Education (Miscellaneous Provisions) Act 1953 and, in section 8 of that Act, paragraph (b) of subsection (1) and the word “and” preceding that paragraph, and subsection (2); and
(d)section of the M4 Education Act 1959, except subsection (4) of that section.
(6)Nothing in this section shall extend to contributions or grants in respect of expenditure on work which—
(a)was begun before 4th July 1966; or
(b)was approved by the Secretary of State before that date under section 13(6) of the M5Education Act 1944 or under any arrangements relating to work to which that section does not apply; or
(c)was included in a programme notified to a local education authority as the main building programme approved by the Secretary of State for the twelve months beginning with April 1966 or for any earlier period;
or in respect of expenditure on the provision of the site on which or buildings to which any such work was done or proposed to be done.
Textual Amendments
F1s. 1(1) repealed by Education Act 1975 (c. 2), s. 5(5), Sch. Pt. II
F2Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 13
F3Word and s. 1(2)(b) repealed by Education Act 1968 (c. 17), Sch. 2
F4Words repealed by Education Act 1980 (c. 20 SIF 41:1), s. 1(3), Sch. 1 para. 23
F5Words substituted by Education Act 1975 (c. 2), ss. 3, 5(5)
Modifications etc. (not altering text)
C6The text of s. 1(5)(a)–(d) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
In section 1 of the M6 Education Act 1946 (which, as amended by section 3 of the M7 Education (Miscellaneous Provisions) Act 1953, enables the Secretary of State to direct that the expenses of giving effect to proposals for enlarging the premises of a controlled school shall be payable by the local education authority if the enlargement is in the interest of secondary education and is not likely to amount to the establishment of a school of a new character)—
(a)before the word “secondary”, in both places where it occurs, there shall be inserted the words “primary or”; and
(b)the words from “and is not likely” to “new character” shall be omitted.
Modifications etc. (not altering text)
C7The text of s. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
Textual Amendments
(1)The Secretary of State may by regulations make provision for the making by him out of moneys provided by Parliament of loans to persons other than local education authorities for the purpose of helping them to meet capital expenditure incurred or to be incurred by them or on their behalf in connection with the provision, replacement, extension, improvement, furnishing or equipment of colleges for the training of teachers.
(2)Any loan made to any persons in pursuance of regulations under this section shall be made on such terms and conditions as may be specified in an agreement made between the Secretary of State and those persons with the consent of the Treasury.
(3)Regulations under this section may make the making of loans dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring persons to whom loans have been made in pursuance of the regulations to comply with such requirements as may be so determined.
[F7(3A)Regulations under this section may make in relation to Wales provision different from that made in relation to England.]
(4)Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F7S. 4(3A) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 229(2), 231(7), 235(6)
There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums so payable under any other enactment.
(1)This Act may be cited as the Education Act 1967 and this Act and the Education Acts 1944 to 1965 may be cited together as the Education Acts 1944 to 1967.
(2)This Act shall be construed as one with the Education Acts 1944 to 1965.
(3)This Act does not extend to Scotland or to Northern Ireland.