Education Act 1976

Miscellaneous

4Duty to implement approved proposals as to maintenance or change in character of school

(1)Section 13 of the [1944 c. 31.] Education Act 1944 shall have effect with the following amendments (being amendments requiring the implementation of approved proposals as to the maintenance of a school or as to changes in its character).

(2)For subsection (8) there shall be substituted—

“(8)When proposals for the maintenance of a school or proposals that a local education authority should cease to maintain a school have been approved by the Secretary of State under this section, it shall be the duty of the local education authority to maintain or, as the case may be, to cease to maintain the school in accordance with the proposals.”

(3)After subsection (9) there shall be inserted—

“(9A)When proposals for the making of any change in the character of a school have been approved by the Secretary of State under this section, it shall be the duty of the local education authority or, in the case of a voluntary school, the managers or governors to give effect to the proposals.”

5Approval of arrangements with non-maintained schools

(1)The power of the Secretary of State to give his approval to arrangements under section 9(1) of the [1953 c. 33.] Education Act 1944 (arrangements for assisting non-maintained schools) or section 6(1) of the Education (Miscellaneous Provisions) Act 1953 (arrangements for provision of education at non-maintained schools) shall include power to revoke any approval previously given under that section.

(2)Regulations under section 81(b) of the said Act of 1944 (power of local education authorities to pay fees and expenses in respect of children attending fee-paying schools) may include provision requiring local education authorities to exercise their powers under the regulations in accordance with arrangements approved by the Secretary of State and for enabling him to revoke any approval given by him in respect of any such arrangements.

(3)A local education authority shall discontinue any arrangements made by them in pursuance of any approval which is revoked by virtue of subsection (1) above or of any such provision as is mentioned in subsection (2) above.

6Remuneration of members of Independent Schools Tribunals

(1)The Secretary of State may, out of moneys provided by Parliament, pay to the members of Independent Schools Tribunals such remuneration and allowances as he may with the consent of the Minister for the Civil Service determine.

(2)In section 75(1) of the [1944 c. 31.] Education Act 1944 the words from " and as to the payment" onwards (which provide for the remuneration and allowances of members of the Tribunals to be fixed by rules under that section) are hereby repealed.

7Awards for higher diploma courses

(1)Section 1 of the [1962 c. 12.] Education Act 1962 (local education authority awards for certain courses) shall apply also to such courses at universities, colleges or other institutions in Great Britain and Northern Ireland as may for the time being be designated by or under regulations made for the purposes of that section as being full-time courses for the higher diploma of the Technician Education Council or the Business Education Council.

(2)Section 4(2) and (3) of the said Act of 1962 (regulations under sections 1 to 3 of that Act) shall apply also in relation to subsection (1) above.

8Ordinary residence for award purposes

For paragraph 4 of Schedule 1 to the Education Act 1962 (ordinary residence for award purposes) there shall be substituted—

“4(1)Regulations made under this Act may make provision whereby a person who under paragraph 2 of this Schedule would fall to be treated for the purposes of section 1 of this Act as not being ordinarily resident in any area is to be treated for those purposes as being ordinarily resident in the area of such local education authority as may be specified by or under the regulations.

(2)Subsections (2) and (3) of section 4 of this Act shall have effect in relation to this paragraph as they have effect in relation to section 1 of this Act.”.

9School milk

(1)In section 1(2) of the Education (Milk) Act 1971 (which makes provision for enabling education authorities to provide milk but for the expense to be defrayed by the pupils or their parents) the words from " but" onwards are hereby repealed.

(2)Section 3(1) of the said Act of 1971 (which contains spent provisions dealing with the effect of section 1 on rate support grant) is hereby repealed.

10Pupils requiring special educational treatment

(1)For section 33(2) of the Education Act 1944 there shall be substituted—

“(2)The arrangements made by a local education authority for the special educational treatment of pupils of any such category shall, subject to subsection (2A) of this section, provide for the education of the pupils in county or voluntary schools.

(2A)Where the education of the pupils in such schools as aforesaid—

(a)is impracticable or incompatible with the provision of efficient instruction in the schools; or

(b)would involve unreasonable public expenditure,

the arrangements may provide for the education of the pupils in special schools appropriate to the category to which the pupils belong or in schools not maintained by a local education authority and for the time being notified by the Secretary of State to the authority as in his opinion suitable for the purpose.”

(2)The entry relating to the said section 33(2) in Schedule 1 to the [1953 c. 33.] Education (Miscellaneous Provisions) Act 1953 is hereby repealed.

(3)This section shall not come into force until such day as may be appointed by the Secretary of State by order made by statutory instrument.