1 Changes in character, size or situation of schools.
(1) For purposes of the Education Acts 1944 to 1993 and any other enactment relating to the duties of a local education authority, references in whatever terms to discontinuing a school (and, in particular, those in section 13 of the Education Act 1944 or section 12 of the Education Act 1980 to a local authority ceasing to maintain a county school or a voluntary school), or to establishing a new school, shall not be read as applying by reason of any change which is made to an existing school—
(a) by education beginning or ceasing to be provided for pupils above or below a particular age; or
(b) by education beginning or ceasing to be provided for girls as well as boys, of for boys as well as girls; or
(c) by any enlargement or alteration of the school premises or transfer of the school to a new site;
and the school existing before an event mentioned in paragraph (a), (b) or (c) above shall be regarded as continuing despite that event and as being the same school before and after that event (unless it is to be regarded for other reasons as discontinued).
1944 c. 31.
Words in s. 1(1) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 41; S.I. 1993/1975, art. 9, Sch.1
Words inserted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 15
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 1(2), 3(1)(2) repealed by Education Act 1980 (c.20, SIF 41:1), s. 38(6), Sch. 7
(3) In the enactments mentioned in Schedule I to this Act there shall be made the amendments provided for by that Schedule, being amendments arising out of or related to the provisions in subsections (1) and (2) above ; and the enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
The text of s. 1(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(4) Subsection (1) above shall be deemed to have had effect since the beginning of April 1945 in so far as the effect is—
(a) that a school is to be or have been regarded as being the same school before and after any such event as is there mentioned; or
(b) that anything may be or have been lawfully done without proposals being approved under section 13 of the Education Act 1944.
1944 c. 31.
(5) Subject to subsection (4) above, this section shall not apply in relation to things proposed to be done before the end of the summer term 1968, nor in relation to proposals approved before then under section 13 of the Education Act 1944 or to anything done or to be done in pursuance of any such proposals; and for this purpose “summer term” means, in the case of any school, the term ending last before the month of September.
1944 c. 31

Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)