1F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2C1†Power of Minister, in certain circumstances, to require local education authority to defray expenses of establishing a controlled school. C2
Where—
a
any persons submit, under F3section 13 of the Education Act 1980, to the F4Secretary of State for Education and Science proposals for the establishment by them, or by persons whom they represent, of a new school . . . F5 and for its maintenance by the local education authority as a voluntary school; and
b
the persons who submit the proposals and the local education authority show to the satisfaction of the F4Secretary of State for Education and Science that the establishment of the school is required for the purpose of providing accommodation for pupils for whom F6or for a substantial proportion of whom accommodation would have been provided in some other F7school which is or was either—
i
a voluntary school; or
ii
a grant-maintained school which was or had been a voluntary school immediately before it became a grant-maintained schoolif that other school had not been discontinued or had not otherwise ceased to be available for the purpose; and
c
no application is made under subsection (2) of section fifteen of the principal Act to the F4Secretary of State for Education and Science for an order directing that the school shall be an aided school or a special agreement school;
the F4Secretary of State for Education and Science may by order direct that the whole, or a specified part, of so much of the cost incurred in the establishment of the school as would, apart from the order, fall to be defrayed by the persons who establish it shall be defrayed by the local education authority.
3 Extension of power of Minister to require local education authority to pay for enlargement of a controlled school. C3
Subsection (1) of section one of the Education Act, 1946 (which empowers the Minister, if satisfied that it is expedient that a controlled school should be enlarged and that the enlargement is wholly or mainly required for the purpose of providing accommodation for pupils for whom accommodation would have been provided in some other voluntary school if that other school had not been discontinued or had not otherwise ceased to be available for the purpose, to direct that the expense of giving effect to proposals for carrying out the enlargement shall be payable by the local education authority) shall have effect as if, at the beginning of paragraph (b) thereof, there were inserted the words “
either (i)
”
, and as if, at the end of that paragraph, there were added the words—
or
ii
that the enlargement is desirable for the better provision of secondary education at the premises to be enlarged or for securing that there is available for the area of the authority a sufficiency of suitable secondary schools or for both those reasons, and is not likely to amount to the establishment of a shool of a new character.
4F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Provision of education at non-maintained schools and payment of tuition and boarding fees for pupils attending thereat.
C41
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 A local education authority shall have, and be deemed always to have had, power to make. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 arrangements for the provision of primary and secondary education for pupils at a school not maintained by them or another local education authority.
2
Where, in pursuance of arrangements made by a local education authority by virtue of the foregoing subsection or F11Part III of the Education Act 1993, primary or secondary education is provided for a pupil at a school not maintained by them or another local education authority, the authority by whom the arrangements are made—
a
shall, in the following cases, that is to say—
i
where the pupil fills a place in the school which the proprietors of the school have put at the disposal of the authority and the school is one in respect of which grants are made by the F12Secretary of State for Education and Science under paragraph (b) of subsection (1) of section one hundred of the principal Act,
C5ii
where the authority are satisfied that, by reason of a shortage of places in schools maintained by them and schools maintained by other local education authorities, being schools to which the pupil could be sent with reasonable convenience, education suitable to the age, ability and aptitude of the pupil F13and any special educational needs he may have cannot be provided by them for him except at a school not maintained by them or another local education authority,
F14iii
where, in a case not falling within either of the two foregoing sub-paragraphs, the authority are satisfied that the pupil has special educational needs and that it is expedient in his interests that the required special educational provision should be made for him at a school not maintained by them or another local education authority,
pay the whole of the fees payable in respect of the education provided in pursuance of the arrangements;
b
shall, where board and lodging are provided for the pupil at the school and the authority are satisfied that education suitable to his age, ability and aptitude F15and to any special educational needs he may have cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere), pay the whole of the fees payable in respect of the board and lodging.
3
The powers conferred on a local education authority by subsection (1) of this section shall be in addition to and not in derogation of the powers conferred on them by the principal Act.
7F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8C6†Amendments of ss. 103 to 105 of principal Act as to matters in respect of which Minister may make grants and loans.
1
Subsection (1) of section one hundred and three of the principal Act (which empowers the F17Secretary of State for Education and Science to pay to the . . . F18 governors of a voluntary school proposed to be transferred to a new site or established in substitution for any discontinued school or schools and to be maintained as an aided school or a special agreement school a grant not exceeding one-half of any sums expended by them in the construction of the school) shall—
a
in relation to a school of which the transfer has been authorised by the F17Secretary of State for Education and Science, have effect as if, for the reference therein to the construction of the school, there were substituted a reference to the provision (whether before or after the passing of this Act) of the school buildings; . . . F19
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19]
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
3
Section one hundred and five of the principal Act (which empowers the F17Secretary of State for Education and Science to make to the . . . F18 governors of an aided school or a special agreement school a loan for the purpose of helping them to meet capital expenditure involved in defraying their share of the initial expenses relating to the school specified in subsection (2) of that section) shall have effect—
a
as if the reference in paragraph (a) of that subsection to expenses to be incurred in defraying the cost of any alterations required by the development plan approved by the F17Secretary of State for Education and Science for the area included a reference to expenses incurred before the passing of this Act or to be incurred thereafter in defraying the cost of any alterations specified in that plan as submitted to the F17Secretary of State for Education and Science, being alterations to the carrying out of which the F17Secretary of State for Education and Science has given approval before the approval by him of the plan; . . . F21
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
9F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 Miscellaneous amendments and repeals C7
1
The provisions of the principal Act and the Education (Miscellaneous Provisions) Act, 1948, specified in the first column to the First Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule (being amendments relating to minor matters and amendments consequential on the provisions of this Act.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
18 Provisions as to regulations.
Any power conferred by this Act on the F32Secretary of State for Education and Science to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
19F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Short title, citation, construction and extent.
1
This Act may be cited as the Education (Miscellaneous Provisions) Act 1953.
2
This Act . . . F34 and the Education Acts 1944 to 1948 may be cited together as the Education Acts 1944 to 1953.
3
This Act . . . F34 shall be construed as one with the Education Acts 1944 to 1948.
4
References in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.
5
This Act . . . F34 shall not extend to Scotland.
6
This Act shall not extend to Northern Ireland.
F35F35SCHEDULE 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
F36F36SCHEDULE 2
Schedule 2 repealed by Education Act 1973 (c. 16), Sch. 2 Pt. I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2),Sch. 38, Pt.I (with ss. 1(4), 561, 562, Sch. 39)