SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

120In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

121In section 19 (temporary exceptions for individual pupils)—

(a)in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b)in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

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132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

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132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

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132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

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132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

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132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

Section 307.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

Section 307.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education (Schools) Act 1992 (c. 38)E+W

173(1)In section 9 of the Education (Schools) Act 1992 (schools inspection)—

(a)in subsection (3) in paragraph (e) for the words from “11(3)(a)” to the end there is substituted “ 189(1) of the Education Act 1993 (approval of independent schools for children with statements) ”,

(b)at the end of subsection (6) there is inserted “ or to the content of collective worship which falls to be inspected under section 13 ”, and

(c)in subsection (7) for “section” there is substituted “ Act ”.

(2)Schedule 2 to that Act is amended as follows.

(3)In paragraph 1, for the words from “body” (at the end of the definition of “appropriate authority”) to the end there is substituted—

““inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1),

“member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and

“section 9 inspection” means an inspection under section 9,

and for the purposes of this Part of this Schedule, special measures are required to be taken in relation to a school if the school is failing or likely to fail to give its pupils an acceptable standard of education. ”

(4)For “an inspection” in paragraphs 2, 3(5), 4(1), 5(1), 6 and 7 there is substituted “ a section 9 inspection ” and for “Every inspection” in paragraph 3(1) there is substituted “ Every section 9 inspection ”.

(5)For paragraph 9 there is substituted—

“9(1)Where a section 9 inspection by a registered inspector has been completed, the inspector shall make in writing a report of the inspection and a summary of the report.

(2)Where the inspector is of the opinion that special measures are required to be taken in relation to the school he shall submit a draft of the report of the inspection to the Chief Inspector.

(3)If the Chief Inspector so requests, an inspector who has submitted a draft under sub-paragraph (2) shall provide the Chief Inspector with such further information as the Chief Inspector may specify.

(4)The Chief Inspector shall inform an inspector who has submitted a draft under sub-paragraph (2) whether he agrees or disagrees with the inspector’s opinion.

(5)Where—

(a)the Chief Inspector informs the inspector that he disagrees with the inspector’s opinion, but

(b)the inspector remains of the opinion that special measures are required to be taken in relation to the school,

the inspector may not make a report expressing that opinion unless the terms in which he makes the report are substantially the same (except as to the statement required by sub-paragraph (7)(b)) as the draft or as a subsequent draft submitted to the Chief Inspector under this sub-paragraph.

(6)Where a subsequent draft is submitted under sub-paragraph (5), the Chief Inspector shall inform the inspector whether he agrees or disagrees with the inspector’s opinion.

(7)A report made by a registered inspector who is of the opinion that special measures are required to be taken in relation to the school shall—

(a)state his opinion, and

(b)state whether the Chief Inspector agrees or disagrees with his opinion.

(8)If a report of an inspection of a school by a registered inspector is made in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the person making the report shall state his opinion in the report.

9A(1)Where on the completion of any inspection of a school under section 2(2)(b), 3(1), 6(2)(b) or 7(1) by a member of the Inspectorate, he is of the opinion that special measures are required to be taken in relation to the school, he shall—

(a)prepare in writing a report of the inspection and a summary of the report, and

(b)state his opinion in the report.

(2)If on the completion of any such inspection of a school by a member of the Inspectorate in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall prepare in writing a report of the inspection and a summary of the report and state his opinion in the report.

(3)A report of a section 9 inspection of a school by a member of the Inspectorate shall, if he is of the opinion that special measures are required to be taken in relation to the school, state his opinion.

(4)If a report of a section 9 inspection of a school by a member of the Inspectorate is made in circumstances where—

(a)he is of the opinion that special measures are not required to be taken in relation to the school, but

(b)in the latest report of an inspection of the school, the person making the report stated that in his opinion such measures were required to be taken and either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

the member of the Inspectorate shall state his opinion in the report.

9B(1)The carrying out of a section 9 inspection shall be completed by the time allowed under sub-paragraph (2) and the making of the report required by paragraph 9 shall be completed within the period allowed under sub-paragraph (2).

(2)The time, and the period, allowed shall be such as may be prescribed, subject to any such extension of the period as the Chief Inspector may consider necessary to make; but the total period allowed must not exceed the prescribed period extended by three months.

(3)The Chief Inspector shall give notice in writing of any extension under sub-paragraph (2) to—

(a)the inspector,

(b)the appropriate authority, and

(c)the Secretary of State, except in the case of a maintained nursery school.

(4)This paragraph does not apply to a section 9 inspection carried out by a member of the Inspectorate.

9C(1)In the case of a report of a section 9 inspection of a school, the person making it shall without delay—

(a)send a copy of the report together with the summary of it to the appropriate authority for the school, and

(b)if it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, send a copy of the report and summary to the Secretary of State.

(2)In the case of a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school, the member of the Inspectorate shall send a copy of the report together with the summary of it to the appropriate authority for the school and to the Secretary of State.

(3)In any case, copies of the report and summary shall be sent by the person who made the report to the Chief Inspector (unless the report was made by a member of the Inspectorate).

(4)In the case of—

(a)a special school which is not a maintained or grant-maintained special school, or

(b)an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall without delay send a copy of any report and summary sent to them under sub-paragraph (1) or (2) to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5)The appropriate authority shall—

(a)make any report and summary sent to the authority under sub-paragraph (1) or (2) available for inspection by members of the public at such times and at such place as may be reasonable,

(b)provide a copy of the report and summary, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), to any person who asks for one, and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the summary as soon as is reasonably practicable.”

(6)For paragraphs 10 and 11 there is substituted—

“10(1)Where—

(a)a report of a section 9 inspection of a school, or

(b)a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2)It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a)such period as may be prescribed, or

(b)if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3)Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a)to the Chief Inspector,

(b)to the Secretary of State, except in the case of a maintained nursery school, and

(c)in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4)In the case of—

(a)a special school which is not a maintained or grant-maintained special school, or

(b)an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5)The appropriate authority shall—

(a)make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b)provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

(c)take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.

11(1)This paragraph applies in circumstances where—

(a)in a report of an inspection of a school the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

(b)either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

(c)a statement has been prepared under paragraph 10 or the period prescribed for the purposes of sub-paragraph (3) of that paragraph has expired, and

(d)if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school, he did not express the opinion in the report that special measures were not required to be taken in relation to the school.

(2)Regulations may make provision with a view to securing that any measures taken by the appropriate authority for improving the standard of education at the school are monitored in accordance with the regulations by such persons as may be prescribed.

(3)The regulations may, in particular, provide for reports to be made by such persons and at such intervals as may be prescribed.

(4)The regulations may authorise the Secretary of State to require the Chief Inspector to conduct further inspections of the school and prepare further reports of such inspections.

(5)In respect of cases where any report prepared in pursuance of a requirement imposed by virtue of sub-paragraph (4) above—

(a)states that, in the opinion of the person who prepared the report, special measures are required to be taken in relation to the school, but the grounds for that opinion are substantially different from the grounds for the opinion in any preceding report by a registered inspector or member of the Inspectorate, or

(b)states that, in the opinion of that person, special measures are not required to be taken in relation to the school,

the regulations may make provision corresponding to any of the provisions made by this Part of this Schedule.”

(7)For paragraph 12 there is substituted—

“12(1)Where an inspection of a school is required under section 9 but the Chief Inspector is satisfied that it is not reasonably practicable to secure that the school is inspected by a suitable registered inspector, he shall secure that it is inspected by a member of the Inspectorate.

(2)Where an inspection is conducted by a member of the Inspectorate by virtue of this paragraph, this Act shall have effect (unless the context otherwise requires) in relation to the inspection as if the member of the Inspectorate were a registered inspector.

(3)If the Chief Inspector so elects in the case of any inspection of a school by a member of the Inspectorate under section 2(2)(b), 3(1), 6(2)(b) or 7(1), that inspection shall be treated for the purposes of section 9(1) and (2) and this Part of this Schedule as if it were an inspection under section 9 and the member of the Inspectorate were a registered inspector”.

(8)In paragraph 14(4)—

(a)in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b)in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

(9)In paragraph 15(3)—

(a)in paragraph (b), for “the prescribed fee” there is substituted “ such fee as they think fit (not exceeding the cost of supply) ”, and

(b)in paragraph (c), after “education” there is inserted “ or, as the case may be, who takes part in acts of collective worship the content of which falls to be inspected under section 13 ”.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

120In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

121In section 19 (temporary exceptions for individual pupils)—

(a)in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b)in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1131

132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

120In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

121In section 19 (temporary exceptions for individual pupils)—

(a)in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b)in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

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132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

120In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

121In section 19 (temporary exceptions for individual pupils)—

(a)in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b)in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

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F1131

132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

120In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

121In section 19 (temporary exceptions for individual pupils)—

(a)in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b)in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

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F1131

132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

120In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

121In section 19 (temporary exceptions for individual pupils)—

(a)in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b)in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

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132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

120In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

121In section 19 (temporary exceptions for individual pupils)—

(a)in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b)in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1131

132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.

SCHEDULES

SCHEDULE 19U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

The Education Reform Act 1988 (c. 40)E+W

112The Education Reform Act 1988 is amended as follows.

113In section 3(3) (foundation subjects and key stages)—

(a)for “and (5)” there is substituted “ (5) and (5A) ”, and

(b)in paragraph (d) for the words from “majority”, in the second place in which it occurs, to the end there is substituted “ expiry of the school year in which the majority of pupils in his class cease to be of compulsory school age ”.

114In section 8(2) (religious education required in the basic curriculum) for “84 to 86 of this Act” there is substituted “ 138 to 140 of the Education Act 1993 ”.

115In section 9(7) (parent of boarder at maintained school requesting access to particular worship or religious education) after “particular” there is inserted “ religion or ”.

116In section 11 (standing advisory councils on religious education)—

(a)in subsection (4)(a) for “and other religious denominations” there is substituted “ denominations and other religions and denominations of such religions ”, and

(b)at the end of that section there is added—

“(13)The council shall send a copy of each report published by them under subsection (9) above—

(a)in the case of a council for an area in England, to the School Curriculum and Assessment Authority, and

(b)in the case of a council for an area in Wales, to the Curriculum Council for Wales.”

117In section 13 (advisory councils: supplementary provisions) in subsections (1), (2) and (7)(b) before “denomination”, in each place, there is inserted “ religion ”.

118Section 14 (establishment of curriculum and assessment councils) is amended as follows—

(a)in subsection (2) for “Each” there is substituted “ The ”,

(b)in subsection (3) for the words from “Curriculum Council, that” to “shall be” there is substituted “ Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education ”, and at the end of paragraph (c) there is inserted—

“(ca)to advise the Secretary of State on such other matters connected with the provision of education in maintained schools in Wales, or in non-maintained special schools there, as the Secretary of State may specify by order;”,

(c)in subsection (5) for “a” there is substituted “ the ”,

(d)in subsection (6) for “each” there is substituted “ the ”, and

(e)in subsection (7) for “each” there is substituted “ the ”.

119In section 16 (development work and experiments)—

(a)in subsection (3)(a) and (b) for “Curriculum Council” there is substituted “ appropriate curriculum authority ”, and

(b)at the end there is added—

“(6)In subsection (3) above, “appropriate curriculum authority” means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”.

120In section 18 (pupils with statements of special educational needs) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”.

121In section 19 (temporary exceptions for individual pupils)—

(a)in subsection (4)(c)(ii) for “7 of the 1981 Act” there is substituted “ 168 of the Education Act 1993 ”, and

(b)in subsection (6) for “5 of the 1981 Act” there is substituted “ 167 of the Education Act 1993 ”.

122(1)Section 20 (procedure for making certain orders: England) is amended as follows.

(2)In subsection (2), for “National Curriculum Council” there is substituted “ School Curriculum and Assessment Authority ”.

(3)For “the Council”, in each place where it occurs, there is substituted “ the Authority ”.

123In section 22(3) (provision of information) for “section 58(5)(j) of this Act” there is substituted “ paragraph 8 of Schedule 6 to the Education Act 1993 ”.

124In section 24(2) (extension of certain provisions) for “14(4) of this Act” there is substituted “ 245(1) of the Education Act 1993 ”.

125In section 36 (delegation to governing body of management of school’s budget share)—

(a)in subsection (4) after “of this Act” there is inserted “ and section 1(4A) of the Education (Grants and Awards) Act 1984 (grants for education support and training) ”, and

(b)after subsection (5A) there is inserted—

“(5B)Any such governing body shall not exercise their powers under subsection (5) above to pay to governors any allowances other than travelling and subsistence allowances.”

126Chapter IV of Part I is omitted except for section 100(2) and (4) (provision of benefits and services for pupils by local education authorities).

127In section 106 (prohibition of charges, etc. in maintained schools) for “57(5) of this Act” there is substituted, in each place, “ 68(8) of the Education Act 1993 ”.

128In section 110(1) (charges and remissions policies) for “57(5) of this Act” there is substituted “ 68(8) of the Education Act 1993 ”.

129In section 111 (charges for board and lodging at boarding schools)—

(a)in subsection (1), for the words from “at the expense of” to the end there is substituted “ there shall be payable in respect of the board and lodging by the parent of the pupil concerned (in the case of a school maintained by a local education authority) to the authority and (in the case of a grant-maintained school) to the governing body charges not exceeding the cost to the authority or governing body of providing the board and lodging ”,

(b)in subsection (2), for paragraph (b) and the words following it there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local education authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school ”,

(c)for subsection (3)(b) there is substituted—

“(b)the local education authority for his area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him”,

(d)subsection (4) is omitted, and

(e)in subsection (5)—

(i)for “a local education authority” there is substituted “ the local education authority for the pupil’s area ”, and

(ii)in paragraph (b), after “payable” there is inserted “ to another local education authority or ” and “provided under arrangements made by the authority” is omitted.

130In section 119(2) (interpretation of Part I) “52(4), 89 or 92” is omitted.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1131

132In section 166(5) (responsibility for schools) for “1988” there is substituted “ 1993 ”.

133In section 197(6) (Education Assets Board to comply with directions) for “1992” there is substituted “ 1993 ”.

134In section 198 (transfers under Parts I and II)—

(a)in subsection (1)—

(i)“74” is omitted, and

(ii)after “of this Act” there is inserted “ or section 38 of the Education Act 1993 ”, and

(b)in subsection (4) after “under this Act” in each place there is inserted “ or under the Education Act 1993 ”.

135Section 200 (grant-maintained schools: school property) is omitted.

136In section 218(7) (school etc. regulations) after “approval” there is inserted “ or, in such cases as may be prescribed, the approval of the funding authority ”.

137In section 230 (stamp duty) the following are omitted—

(a)in subsection (1) the words from “section 74” to “96(2)”, and

(b)subsections (2), (3) and (4)(b).

138In section 232 (orders and regulations)—

(a)in subsection (2) for “35(6)” there is substituted “ 35(4) ”, and

(b)the following are omitted—

(i)in subsection (2) “53(2), 58(2), 59(1), 91, 94, 102”, and

(ii)in subsection (4)(b) “52(7)”.

139In section 235 (general interpretation) the following are omitted—

(a)in subsection (1)—

(i)the definition of “the 1981 Act”, and

(ii)in the definition of “transfer date”, “74(9)”,

(b)in subsection (3)(b) “subject to section 75(2) of this Act”, and

(c)in subsection (5) “74”.

140Paragraph 9 of Schedule 1 is omitted.

141In Schedule 2 (curriculum and assessment councils) in paragraph 8(1) (payments for members) for paragraph (b) there is substituted—

“(b)shall, as regards any member of the Council in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.”

142For paragraph 10(b) of Schedule 3 (appointment etc. of staff during financial delegation) there is substituted—

“(b)less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.”

143Schedule 5 is omitted.

144In Schedule 10 (supplementary provisions with respect to transfers)—

(a)in paragraph 1(4)(a)(i) (division and apportionment of property etc.) after “under this Act” there is inserted “ or under the Education Act 1993 ”,

(b)in paragraph 2(1)(b) (identification of property, etc.) after “this Act” there is inserted “ or of the Education Act 1993 ”,

(c)in paragraph 5 (proof of title by certificate) after “of this Act” there is inserted “ or of the Education Act 1993 ”,

(d)in paragraph 7 (construction of agreements) after “of this Act” in each place there is inserted “ or of the Education Act 1993 ”, and

(e)in paragraph 9(6)(b) (third parties affected by vesting provisions) after “of this Act” there is inserted “ or of the Education Act 1993 ”.

145In Schedule 12 (minor and consequential amendments) paragraphs 26 to 28, 33 and 83 to 85 are omitted.