Education Act 1980
1980 c.20
An Act to amend the law relating to education.
[3rd April 1980]
Act amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 18(2)
Act applied by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 51(10)
Act amended by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 163(1), 231(7), 235(6)
Act modified by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 236(2)(a)
Act modified (1.4.1994) by 1993 c. 35, s. 236(3); S.I. 1994/507, art.4, Sch.2
Act not in force at Royal Assent see s. 37(2); Act wholly in force at 1.7.1982
Act applied (Canterbury and York except Channel Islands and Isle of Man) (1.8.1991) by Diocesan Boards of Education Measure 1991 (No. 2, SIF 41:1), s. 7(3);Archbishops' Instrument made 26.7.1991
Act: 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 art. 2
Act applied (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), reg. 1, Sch. 2 para. 2
Act modified (7.4.2005) by Education Act 2005 (c. 18), ss. 96(2), 125(1)(b)
Act Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)

School government

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 1 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, SCh. 39)

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 2, 3, 4 repealed (savings in S.I. 1987/344, Sch. 3 para. 1(4)(d) for ss. 2 and 3(4)) by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I and ss. 2,3,4 are expressed to be repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 2, 3, 4 repealed (savings in S.I. 1987/344, Sch. 3 para. 1(4)(d) for ss. 2 and 3(4)) by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I and ss. 2, 3, 4 are expressed to be repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 2, 3, 4 repealed (savings in S.I. 1987/344, Sch. 3 para. 1(4)(d) for ss. 2 and 3(4)) by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I and ss. 2, 3, 4 are expressed to be repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 5 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

Admission to schools

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 6 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 7 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 8 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 9 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)

School attendance orders

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 10 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 75, Sch. 21 Pt.I; S.I. 1993/1975, art. 9, Sch. 1 and expressed to be repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 11 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 75, Sch. 21 Pt.I; S.I. 1993/1975, art. 9, Sch. 1 and expressed to be repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

Establishment, discontinuance and eration of schools

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 12 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 13 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 14 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 15 repealed and superseded (1.8.1992 in relation to primary schools and 4.8.1990 in relation to secondary schools) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(1), 231(7), 235(6)(and also expressed to be repealed and superseded (prosp.) by s. 237(2), Sch. 13 Pt. II of that act); S.I. 1988/1459, art. 5(1); S.I. 1991/409 art. 6(2); s. 15 is wholly repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38, Pt. I (with ss. 1(4), 561, 562, Sch. 39)

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 16 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

Awards and grants

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 17 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S.18 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 19 repealed (1.1.1999) by 1998 c. 30, s. 44(2), Sch.4(with s. 42(8)); S.I. 1998/3237, art. 2(c)

20 Industrial scholarships.
(1) The Secretary of State may award industrial scholarships or make payments to any other person in respect of the award of such scholarships by that person.
(2) In this section “industrial scholarships” means scholarships (however described) tenable by persons undertaking full-time courses of higher education provided by a university, college or other institution in the United Kingdom, being courses which appear to the Secretary of State or, as the case may be, the person awarding the scholarships to be relevant to a career in industry.
(3) In subsection (2) above the reference to a full-time course includes a reference to a course consisting of ernate periods of—
(a) full-time study in the university, college or institution in question; and
(b) associated industrial, professional or commercial experience;
and the reference in that subsection to a course provided by a university, college or institution in the United Kingdom includes a reference to a course provided by such a university, college or institution in conjunction with a university, college or other institution in another country.
S. 20 repealed (S.) by Education (Scotland)) Act 1980 (c. 44), Sch. 5

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 21 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

School meals

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 22 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 23 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

Nursery education

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 24 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 25 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 26 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

Miscellaneous

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 27 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 218(13), 231(7), 235(6), 237(2), Sch. 13 Pt. II

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 28 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 29 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 30 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 31 repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I subject to a saving in Education Reform Act 1988 (c. 40, SIF 41:1), ss. 225(1), 231(7), 235(6)

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 32 repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 67(6), Sch. 6 Pt. I

33 Discrimination by local education authorities.
(1)
(2) In section 23(2) of the said Act of 1975 and section 18(2) of the said Act of 1976 (discrimination by education authorities) for the words “the Education (Scotland) Acts 1939 to 1974” and “the Education (Scotland) Acts 1939 to 1975” respectively there shall be substituted the words “ the Education (Scotland) Acts 1939 to 1980 ”.
S. 33(1) repealed by Education Act 1981 (c. 60, SIF 41:1), Sch. 4
The text of S. 33(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.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 33(3) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 34 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

Supplementary

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 35 repealed (S.) by Education (Scotland) Act 1980 (c. 44), Sch. 5 and s. 35 is wholly repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)

36 Expenses.
There shall be defrayed out of moneys provided by Parliament—
(a) any expenses incurred by the Secretary of State under this Act; and
(b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 37 repealed (S.) by Education (Scotland) Act 1980 (c. 44), Sch. 5 and s. 37 wholly repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

38 Citation, construction, repeals and extent.
(1) This Act may be cited as the Education Act 1980.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 38(2)(4)-(6) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2)(3), 583(2), Sch. 37 Pt. I para. 47, Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
(3) This Act shall, in its application to England and Wales, be construed as one with the Education Act 1996.
S. 38(3) substituted (1.11.1996) by 1996 c. 56, ss. 582(1)(3), Sch. 37 Pt. I para. 47(3) (with ss. 1(4), 561, 562, Sch. 39)
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 38(5A) inserted (1.5.1991) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 31(6), 231(7), 235(6); S.I. 1991/409, art. 6(4) and s. 38(2)(4)-(6) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2)(3), 583(2), Sch. 37 Pt. I para. 47(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39)
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this Act section 20 and this section extend to Northern Ireland, but save as aforesaid this Act extends to England and Wales only.
Words in s. 38(7) substituted (1.11.1996) by 1996 c. 56, ss. 582(1),(3), Sch. 37 Pt. I para. 47(4) (with ss. 1(4), 561, 562, Sch. 39)
S. 38 repealed (S.) by Education (Scotland) Act 1980 (c. 44), Sch. 5

SCHEDULES
SCHEDULE 1

The Education Act 1944

1
(1) In the provisions of the Education Act 1944 mentioned in sub-paragraph (2) below the words “managers or”, wherever they occur, shall be omitted.
(2) The provisions referred to above are sections 14(1), (3) and (4), 15(2), (3), (4) and (5), 16(3), 25(1) and (7), 31(3), 65, 67(1), 68, 80(1), 90(1), 95(2)(b), 99, 102, 105, 114(2)(a), paragraphs 1, 3, 5, 6 and 7 of Schedule 2, paragraphs 8, 9 and 10 of Schedule 3 and Schedule 4.
The text of Sch. 1 para. 1 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.

2
(1) In subsection (1) of section 17 of that Act for the words from “managers or governors” onwards there shall be substituted the words “governors of the school in accordance with the provisions of this Act, and the instrument providing for the constitution of the body of governors is in this Act referred to as an instrument of government.”
(2) In subsection (2) of that section for the words “The instrument of management or the instrument of government, as the case may be,” there shall be substituted the words “The instrument of government”.
(3) In subsection (3)(a) of that section for the words “rules of management” there shall be substituted the words “articles of government”.
(4) In subsection (4) of that section the words “instrument of management, rules of management” shall be omitted.
(5) In subsection (5) of that section the words “management or” shall be omitted.
The text of Sch. 1 para. 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.

3
In section 18 of that Act for the words “instrument of management” and “managers”, wherever they occur, there shall be substituted respectively the words “instrument of government” and “governors”.
The text of Sch. 1 para. 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
In subsections (1) and (3) of section 20 of that Act the words “managers or” shall be omitted and in subsection (6) of that section the words “managers or”, in both places, and “manager or” shall be omitted.
The text of Sch. 1 para. 4 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.

5
In section 21 of that Act the words “manager or” and “managers or”, wherever they occur, shall be omitted.
The text of Sch. 1 para. 5 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.

6
In section 22 of that Act the words “managers or” and “foundation managers or”, wherever they occur, shall be omitted.
The text of Sch. 1 para. 6 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.

7
In section 23(1) and (3) of that Act the words “rules of management or” shall be omitted.
The text of Sch. 1 para. 7 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.

8
In section 24(1) and (2) of that Act the words “rules of management or” and “managers or”, wherever they occur, shall be omitted.
The text of Sch. 1 para. 8 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.

9
In sections 27 and 28 of that Act the words “managers or” and “foundation managers or”, wherever they occur, shall be omitted.
The text of Sch. 1 para. 9 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.

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 1 para. 10 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 80, Sch. 21 PtI: S.I. 1993/1975, art. 9, Sch. 1 Appendix

11
In section 77(5) of that Act the words “managers or” and “foundation managers or” shall be omitted.
The text of Sch. 1 para. 11 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.

12
In subsection (1) of section 103 of that Act the words “managers or”, in both places, shall be omitted and in subsection (3) of that section the word “managers” shall be omitted.
The text of Sch. 1 para. 12 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.

13
In section 114(1) of that Act—
(a) in the definition of “Foundation managers” and “foundation governors” for the words from the beginning to “appointed” there shall be substituted the words “Foundation governors means, in relation to any voluntary school, governors appointed” and the words “managers or”, “foundation managers or” and “managers or” shall be omitted ;
(b) in the definition of “Trust deed” the words “instrument of management”, “rules of management” and “managers or” shall be omitted.
The text of Sch. 1 para. 13 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.
S. 13 applied (with modifications) (30.9.1992) by Further and Higher Education Act 1992 (c. 13), s. 59(2)(b); S.I. 1992/831, art. 2, Sch.2

14
In section 120(1)(c) of that Act the word “secondary”, in both places, shall be omitted.
The text of Sch. 1 para. 14 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.
1944 c. 31.

The Education Act 1946

15
In sections 2(1)(b). (3), (4) and (6) and 6 of the Education Act 1946 the words “managers or”, wherever they occur, shall be omitted.
The text of Sch. 1 para. 15 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.

16
In section 3(1) of that Act the words “managers and” shall be omitted.
The text of Sch. 1 para. 16 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.

17
In section 4(1) of that Act the word “managers” shall be omitted.
The text of sch. 1 para. 17 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.

18
In section 7(2) of that Act the words “managers or” and “managers and” shall be omitted.
The text of Sch. 1 para. 18 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.
1946 c. 50.

The Education (Miscellaneous Provisions) Act 1948

19
In sections 4(3) and 10(3) of the Education (Miscellaneous Provisions) Act 1948 the words “managers or”, wherever they occur, shall be omitted.
The text of Sch. 1 para. 19 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.
1948 c. 40.

The Reserve and Auxiliary Forces (Protection of Civil Interests)

20
In paragraph 10 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 the words “managers or” shall be omitted.
The text of Sch. 1 para. 20 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.
1951 c. 65.

The Education (Miscellaneous Provisions) Act 1953

21
In section 8(1) and (3) of the Education (Miscellaneous Provisions) Act 1953 the words “managers or” shall be omitted.
The text of Sch. 1 para. 21 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.
1953 c. 33.

The Education Act 1959

22
In section 1(4) of the Education Act 1959 the words “managers or” shall be omitted.
The text of Sch. 1 para. 22 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.
1959 c.60.

The Education Act 1967

23
In section 1(2) and (4) of the Education Act 1967 the words “managers or”, wherever they occur, shall be omitted.
The text of Sch. 1 para. 23 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.
1967 c. 3.

The Education Act 1968

24
In section 3(4) of the Education Act 1968 the words “managers or”, in both places, shall be omitted.
The text of Sch. 1 para. 24 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.
1968 c. 17.

The Education (No. 2) Act 1968

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 1 para. 25 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
1968 c. 37.

The Education Act 1973

26
In section 1(2)(a) of the Education Act 1973 the word “managers” shall be omitted.
The text of Sch. 1 para. 26 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.
1973 c. 16.

The Sex Discrimination Act 1975

27
In paragraph I of the Table in section 22 of the Sex Discrimination Act 1975 the words “managers or” shall be omitted.
The text of Sch. 1 para. 27 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.
1975 c. 65.

The Race Relations Act 1976

28
In paragraph I of the Table in section 17 of the Race Relations Act 1976 the words “managers or” shall be omitted.
The text of Sch. 1 para. 28 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.
1976 c. 74.

The National Health Service Act 1977

29
In paragraph 3 of Schedule I to the National Health Service Act 1977 the words “managers or” shall be omitted.
The text of Sch. 1 para. 29 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.
1977 c. 49.

The Employment Protection (Consolidation) Act 1978

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 1 para. 30 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.I
1978 c. 44.

The Education Act 1979

31
In subsection (2) of section I of the Education Act 1979 the words “managers or” shall be omitted and in subsections (3) and (4) of that section the word “managers” shall be omitted.
The text of Sch. 1 para. 31 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.
1979 c. 49.
Sch. 1 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)
SCHEDULE 2

Part I Constitution of Appeal Committees

1
(1) An appeal pursuant to arrangements made by a local education authority under section 7(1) of this Act shall be to an appeal committee constituted in accordance with this paragraph.
(2) An appeal committee shall consist of—
(a) one person nominated by the authority from among persons who are eligible to be lay members; and
(b) two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph.
Sch. 2 para 1(2)(2A)(2B) substituted (1.1.1994) for para. 1(2) by 1993 c. 35, s. 307, Sch. 16 para. 2(1) (with s. 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1
(2A) The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them.
(2B) Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time.
(3) The persons appointed by the authority shall comprise—
(a) members of the authority . . .; and
Words in Sch. 2 para. 1(3)(4) repealed (1.4.1994) by 1993 c. 35, ss. 307(1)(3), Sch. 19 para. 81, Sch. 21, Pt.II; S.I. 1994/507, art. 4, Sch. 2,Appendix
(b) persons who are not members of the authority . . . but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school;
but shall not include any person employed by the authority otherwise than as a teacher.
Words in Sch. 2 para. 1(3) inserted (1.1.1994) by 1993 c. 35, s. 307, Sch. 16 para. 2(2) (with 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1
(4) The members of an appeal committee who are members of the authority . . . shall not outnumber the others . . .
Words in Sch. 2 para. 1(4) repealed by 1993 c. 35, ss. 266, 307(3), Sch. 16 para. 2(3), Sch. 21 Pt. II (with s. 307, Sch. 20, para. 6); (Sch. 16 of that Act, by virtue of which the specified words were omitted, was brought into force on 1.1.1994 by S.I. 1993/3106, art. 4, Sch. 1; the repeal of the specified words was expressed to be brought into force on 1.4.1994 by S.I. 1994/507, art. 4, Sch. 2
(5) A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.
Sch. 2 para. 1(5) substituted (1.1.1994) by 1993 c. 35, s. 307, Sch. 16 para. 2(4)(with s. 266, Sch. 20 para. 6);S.I. 1993/3106, art. 4, Sch. 1
(6) A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.
(7) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

2
(1) An appeal pursuant to arrangements made by the governors of an aided or special agreement school under section 7(2) of this Act shall be to an appeal committee constituted in accordance with this paragraph.
(2) An appeal committee shall consist of—
(a) one person nominated by the governors from among persons who are eligible to be lay members; and
(b) two, four or six other members nominated by the governors from among persons appointed by them under this paragraph.
Sch. 2 para. 2(2)(2A)(2B) substituted (1.1.1994) for para. 2(2) by 1993 c. 35, s. 266, Sch. 16 para 3(1)(with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1
(2A) The governors shall not nominate under sub-paragraph (2)(a) above a person who falls within sub-paragraph (3)(a) or (b) below or is employed by the local education authority by which the school is maintained.
(2B) Sufficient persons may be appointed by the governors to enable two or more committees to sit at the same time.
(3) The persons appointed by the governors—
(a) may include one or more of the governors;
(b) shall include persons appointed from a list drawn up by the local education authority by whom the school is maintained; and
(c) shall not include any person employed by the authority otherwise than as a teacher.
Words in Sch. 2 para. 2(3) inserted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16 para. 3(2)(with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch.1
(4) In an appeal committee—
(a) three members shall be nominated from among those mentioned in sub-paragraph (3)(b) above, in the case of a committee consisting of seven members;
(b) two members shall be so nominated, in the case of a committee consisting of five members; and
(c) one member shall be so nominated, in the case of a committee consisting of three members.
Sch. 2 para. 2(4) substituted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16 para. 3(3), (with s. 307, Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1
(5) None of the governors shall be chairman of an appeal committee.
(6) A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.
(7) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

3
An appeal pursuant to joint arrangements made by virtue of section 7(3) of this act by the governors of two or more schools shall be to an appeal committee consituted as provided in paragraph 2 above, taking references to the governors as references to the governors of both or all the schools.

4
An appeal committee constituted in accordance with paragraph 2 or 3 above shall be included in the bodies to which sections . . . 174 of the Local Government Act 1972 (allowances) apply.
Words in Sch. 2 para. 4 repealed (1. 4. 1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(iii), (with savings in art. 3(2), Sch. 1 para. 1(1))
1972 c. 70.

Lay Members

4A
(1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) above if—
(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and
(b) he satisfies the conditions specified in sub-paragraph (2) below.
(2) Those conditions are—
(a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a) above, that he does not have, or has not at any time had, any connection with—
(i) the local education authority in question, or
(ii) any person who is a member of, or employed by, that authority,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and
(b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a) above, that he does not have, or has not at any time had, any connection with—
(i) the school in question, or
(ii) any person who is a member of, or employed by, the governing body of that school,
of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.
Sch. 2 para. 4A inserted (1.1.1994) by 1993 c. 35, s. 266, Sch. 16, para. 4(with s. 307(2), Sch. 20, para. 6); S.I. 1993/3106, art. 4, Sch. 1
Sch. 2 para. 4A inserted (1.1.1994) by 1993 c. 35, 266, 307, Sch. 16, para. 4 (with s. 307(2), Sch. 20 para. 6); S.I. 1993/3106, art. 4, Sch. 1
Sch. 2 Pt. I applied with modifications by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 26(4), Sch. 3 para. 4

Part II Procedure

5
An appeal shall be by notice in writing setting out the grounds on which it is made.

6
An appeal committee shall afford the appellant an opportunity of appearing and making oral representations and may allow the appellant to be accompanied by a friend or to be represented.

7
The matters to be taken into account by an appeal committee in considering an appeal shall include—
(a) any preference expressed by the appellant in respect of the child as mentioned in section 6 of this Act; and
(b) the arrangements for the admission of pupils published by the local education authority or the governors under section 8 of this Act.

8
In the event of disagreement between the members of an appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and in the case of an equaility of votes the chairman of the committee shall have a second or casting vote.

9
The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—
(a) the appellant and the local education authority; and
(b) in the case of an appeal to an appeal committee constituted in accordance with paragraph 2 or 3 above, to the governors by or on whose behalf the decision appealed against was made.

10
Appeals pursuant to arrangements made under section 7 of this Act shall be heard in private except when otherwise directed by the authority or governors by whom the arrangements are made but, without prejudice to paragraph 6 above, a member of the local education authority may attend as an observer any hearing of an appeal by an appeal committee constituted in accordance with paragraph 1 above and a member of the Council on Tribunals may attend as an observer any meeting of any appeal committee at which an appeal is considered.

11
Subject to paragraphs 5 to 10 above, all matters relating to the procedure on appeals pursuant to arrangements made under section 7 of this Act, including the time within which they are to be brought, shall be determined by the authority or governors by whom the arrangements are made; and neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with paragraph 1 above.
1972 c. 70.
Pt. II extended with modifications by Education Act 1981 (c. 60, SIF 41:1), s. 8(3)
Pt. II excluded by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 26(4)
Sch. 2 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)
SCHEDULE 3

The Education Act 1944

1
In section 16(2) of the Education Act 1944 for the words “subsection (2) of section thirteen of this Act” there shall be substituted the words “section 13 of the Education Act 1980”.
The text of Sch. 3 para. 1 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.
1944 c. 31.

2
In section 17(6) of that Act for the words “section 13 of this Act” there shall be substituted the words “section 13 of the Education Act 1980”.
The text of Sch. 3 para. 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.

3
In section 85 of that Act for subsections (2) and (3) there shall be substituted—

“(2) Any intention on the part of a local education authority that a school for providing primary or secondary education (other than a nursery school or a special school) should be vested in the authority as trustees shall be treated for the purposes of subsection (1) of section 12 of the Education Act 1980 as an intention on the part of the authority to maintain the school as a county school ; and accordingly proposals for that purpose shall be published and submitted as required by that section, and the other provisions of that section and of sections 14 and 16 of that Act shall apply as in a case where a local education authority intend to maintain a school as a county school.
(3) Any school for providing primary or secondary education which in accordance with subsection (2) above is vested in a local education authority as trustees shall be a county school.”

The text of Sch. 3 para. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 3 para. 4 repealed (1.4.1994) by 1993 c. 35, ss. 307(3), Sch. 21 Pt.II; S.I. 1994/507, art. 4, Sch.2, Appendix

5
In paragraph 5 of Schedule 3 to that Act for the words “subsection (7) of section thirteen of this Act” there shall be substituted the words “section 13(6) of the Education Act 1980”
The text of Sch. 3 para. 5 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.

The Education Act 1946

6
In section 1(1) of the Education Act 1946 for the words “section thirteen of the Education Act 1944” there shall be substituted the words “section 13 of the Education Act 1980”.
The text of Sch. 3 para. 6 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.

7
In section 2(2) of that Act for the words “section thirteen of the principal Act” there shall be substituted the words “section 12 or 13 of the Education Act 1980”.
The text of Sch. 3 para. 7 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.

8
In paragraph I(a) of Schedule I to that Act for the words “section thirteen of the principal Act” there shall be substituted the words “section 13 of the Education Act 1980”
The text of Sch. 3 para. 8 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.
1946 c. 50.

The Education (Miscellaneous Provisions) Act 1953

9
In section 2(a) of the Education (Miscellaneous Provisions) Act 1953 for the words “subsection (2) of section thirteen of the principal Act” there shall be substituted the words “section 13 of the Education Act 1980”.
The text of Sch. 3 para. 9 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.
1953 c. 33.

The London Government Act 1963

10
In subsection (5) of section 31 of the London Government Act 1963 for the words “the Education Acts 1944 to 1968” there shall be substituted the words “the Education Acts 1944 to 1980”
The text of Sch. 3 para. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
1963 c. 33.

The Education Act 1964

11
In section 1(1) of the Education Act 1964 for the words “section 13 of the Education Act 1944” there shall be substituted the words “section 12 or 13 of the Education Act 1980”.
The text of Sch. 3 para. 11 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.

12
For section 1(2) of that Act there shall be substituted—

“(2) The Secretary of State shall make regulations for determining, or enabling him to determine, whether a school in respect of which proposals making such provision as is mentioned in the preceding subsection are implemented is to be deemed for the purposes of the Education Act 1944 and the other enactments relating to education to be a primary or a secondary school.”

The text of Sch. 3 para. 12 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.
1964 c. 82.

The Education Act 1967

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 3 para. 13 repealed (1.4.1994) by 1993 c. 35, ss. 307(3), Sch. 21 Pt.II; S.I. 1994/507, art. 4, Sch.2, Appendix

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 3 para. 14 repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. II
1967 c. 3.

The Education Act 1968

15
In section 1(1) of the Education Act 1968 after the words “section 13 of the Education Act 1944” there shall be inserted the words “or section 12 of the Education Act 1980”.
The text of Sch. 3 para. 15 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.

16
In section 3(4) of that Act for the words “section 13 of the Education Act 1944” there shall be substituted the words “section 13 of the Education Act 1980”.
The text of Sch. 3 para. 16 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.
1968 c. 17.

The Education Act 1973

17
In section 1(2)(a) of the Education Act 1973 for the words “proposals approved or order made by him under section 13 or 16 of the Education Act 1944” there shall be subtituted the words “order by him under section 16 of the Education Act 1944 or proposals falling to be implemented under section 12 or 13 of the Education Act 1980”.
The text of Sch. 3 para. 17 is in the form in which it was originally enacted: it was not reproduced in Statutes The text of x is in the form in which it was originally enacted: it was not reproduced in Statutes
1973 c. 16.

The Sex Discrimination Act 1975

18
In paragraph I of Schedule 2 to the Sex Discrimination Act 1975 for the words “under section 13 of the Education Act 1944 (as set out in Schedule 3 to the Education Act 1968) a responsible body submits to the Secretary of State, in accordance with subsection (1) or (2) of that section” there shall be substituted the words “under the provisions of section 12 or 13 of the Education Act 1980 a responsible body submits to the Secretary of State”.
The text of Sch. 3 para. 18 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.
1975 c. 65.
Sch. 3 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)
SCHEDULE 4

1
(1) Every participation agreement shall provide that it may be terminated in accordance with this Schedule.
(2) A participation agreement shall not be capable of being terminated by either party otherwise than as aforesaid.

2
The proprietors of the school may terminate a participation agreement by giving three years written notice to the Secretary of State or such shorter notice as he may in any particular case accept.

3
Subject to paragraph 4 below, the Secretary of State may terminate a participation agreement by giving three years written notice to the proprietors of the school.

4
(1) If the Secretary of State—
(a) is not satisfied that appropriate educational standards are being maintained at the school; or
(b) is satisfied that any condition applying to the school under the agreement or by virtue of regulations made under section 17 of this Act has been contravened,
he may at any time terminate the agreement by written notice to the proprietors of the school.
(2) A notice of termination given under this paragraph may provide that it shall be treated as of no effect if the proprietors of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition specified therein.
Sch. 4 para. 4 amended by Education (No. 2) Act 1986 (c. 61, SIF 41:1), s. 47(9)

5
Any notice of termination given under paragraph 3 or 4 above shall contain a statement of the reason for which it is given.

6
The termination of a participation agreement shall not affect the operation of the agreement or of the scheme referred to in section 17 of this Act (including any regulations made under that section) in relation to any pupil holding an assisted place at the school on the date of the termination.
Sch. 4 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

SCHEDULE 5 PROVISIONS SUBSTITUTED IN THE EDUCATION ACT 1962
Section 19.

1 Local education authority awards for designated courses.

“(1) lt shall be the duty of every local education authority, subject to and in accordance with regulations made under this Act, to bestow on persons who are ordinarily resident in the area of the authority awards in respect of their attendance at courses to which this section applies.
(2) This section applies to any course which —
(a) is provided by a university, college or other institution in the United Kingdom or by such a university, college or institution in conjunction with a university, college or other institution in another country ; and
(b) is designated by or under the regulations for the purposes of this section as being such a course as is mentioned in subsection (3) of this section.
(3) The courses referred to in subsection (2)(b) of this section are—
(a) full-time courses which are either first degree courses or comparable to first degree courses ;
(b) full-time courses for the diploma of higher education;
(c) courses for the initial training of teachers ;
(d) full-time courses for the higher national diploma, for the higher diploma of the Technician Education Council or for the higher national diploma of the Business Education Council.
(4) A local education authority shall not be under a duty under subsection (1) above to bestow an award on a person in respect of a course designated as comparable to a first degree course unless he possesses such educational qualifications as may be prescribed by or under the regulations, either generally or with respect to that course or a class of courses which includes that course.
(5) Regulations made for the purposes of subsection (1) of this section shall prescribe the conditions and exceptions subject to which the duty imposed by that subsection is to have effect, and the descriptions of payments to be made in pursuance of awards bestowed there-under, and, with respect to each description of payments, shall—
(a) prescribe the circumstances in which it is to be payable,and the amount of the payment or the scales or other provisions by reference to which that amount is to be determined, and
(b) indicate whether the payment is to be obligatory or is to be at the discretion of the authority bestowing the award ;
and, subject to the exercise of any power conferred by the regulations to suspend or terminate awards, a local education authority by whom an award has been bestowed under subsection (1) of this section shall be under a duty, or shall have power, as the case may be, to make such payments as they are required or authorised to make in accordance with the regulations.
(6) Without prejudice to the duty imposed by subsection (1) of this section, a local education authority shall have power to bestow an award on any person in respect of his attendance at a course to which this section applies, where he is not eligible for an award under subsection (1) of this section in respect of that course.
(7) The provisions of subsection (5) of this section and of the regulations made in accordance with that subsection (except so much of those provisions as relates to the conditions and exceptions subject to which the duty imposed by subsection (1) of this section is to have effect) shall apply in relation to awards under the last preceding subsection as they apply in relation to awards under subsection (1) of this section.
(8) The reference in subsection (1) of this section to persons who are ordinarily resident in the area of a local education authority is a reference to persons who, in accordance with the provisions of Schedule I to this Act, are to be treated as being so resident.

2 Local authority awards for other courses.
(1) A local education authority shall have power to bestow awards on persons over compulsory school age (including persons undergoing training as teachers) in respect of their attendance at courses to which this section applies and to make such payments as are payable in pursuance of such awards.
(2) Subject to subsection (3) of this section, this section applies to any course of full-time or part-time education (whether held in Great Britain or elsewhere) which is not a course of primary or secondary education, or (in the case of a course held outside Great Britain) is not a course of education comparable to primary or secondary education in Great Britain, and is not a course to which section I of this Act applies.
(3) Except in the case of a person undergoing training as a teacher who attends the course as such training, this section does not apply to any course provided by a university, college or other institution which is for the time being designated by or under regulations made for the purposes of this section as being a postgraduate course or comparable to a postgraduate course.

3 Awards by Secretary of State.
Provision may be made by regulations under this Act for authorising the Secretary of State—
(a) to pay grants to or in respect of persons undergoing training as teachers ;
(b) to bestow awards on persons in respect of their attendance at such courses provided by universities, colleges or other institutions (whether in Great Britain or elsewhere) as may for the time being be designated by or under the regulations for the purposes of this section as being postgraduate courses or comparable to postgraduate courses ;
(c) to bestow awards on persons who, at such time as may be prescribed by the regulations, have attained such age as may be so prescribed, being awards in respect of their attendance at courses provided by any institution which—
(i) is in receipt of payments under section 100 of the Education Act 1944 or section 75 of the Education (Scotland) Act 1962 ; and
(ii) is designated by or under the regulations as a college providing long-term residential courses of full-time education for adults ;
and in the case of awards bestowed in accordance with paragraph (b) or (c) of this section, for authorising the Secretary of State to make such payments as are payable in pursuance of the awards.

4 Provisions supplementary to ss. 1 to 3.
(1) For the purposes of the exercise of any power or the performance of any duty conferred or imposed by or under any of the provisions of sections 1 to 3 of this Act, it is immaterial—
(a) whether an award is designated by that name or as a scholarship, studentship, exhibition or bursary or by any similar description, or
(b) in what terms the bestowal of an award is expressed.
(2) Any enactment contained in those sections which requires or authorises the making of regulations shall be construed as requiring or authorising regulations to be made by the Secretary of State ; and regulations made for the purposes of any such enactment may make different provision for different cases to which that enactment is applicable.
(3) Without prejudice to subsection (2) above, regulations under section 3(a) or (c) above may make in relation to persons ordinarily resident in Wales provision different from that made in relation to persons so resident in England.
(4) Any power to make regulations under those sections shall be exercisable by statutory instrument ; and any statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In sections 2 and 3 of this Act “training” (in relation to training as a teacher) includes further training, whether the person undergoing the further training is already qualified as a teacher or not ; and any reference to a person undergoing training includes a person admitted or accepted by the appropriate university, college or other authorities for undergoing that training.

SCHEDULE 1 ORDINARY RESIDENCE
1 The provisions of this Schedule shall have effect for the purposes of section I of this Act.
2 Subject to the following provisions of this Schedule, a person shall be treated for those purposes as ordinarily resident in the area of a local education authorfty if he would fall to be treated as belonging to that area for the purposes of section 31(3) of the Education Act 1980.
3 Regulations made under this Act may modify the operation of the last preceding paragraph in relation to cases where a person applies for an award under section I of this Act in respect of a course and, at any time within the period of twelve months ending with the date on which that course is due to begin, a change occurs or has occurred in the circumstances by reference to which (apart from this paragraph) his place of ordinary residence would fall to be determined.
4 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 I of this Act as not being ordinarily resident in the 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.
5 Subsections (1), (2) and (4) of section 4 of this Act shall have effect in relation to paragraphs 3 and 4 of this Schedule as they have effect in relation to section I of this Act.”

The text of Sch. 5 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.
Sch. 5 repealed (1.1.1999) by 1998 c. 30, ss. 44(2), Sch. 4; S.I. 1998/3237, art. 2
SCHEDULE 6
Sch. 6 repealed by Education (No. 2) Act 1986 (c. 61, SIF 41:1) S. 67(6), Sch. 6 Pt.I
SCHEDULE 7
Sch. 7 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)