Education Reform Act 1988

Curriculum and Assessment Councils E+W

14 Establishment of Councils. E+W

(1) There shall be established—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a body corporate known as the Curriculum Council for Wales; F1 . . .

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 . . . which shall perform the functions assigned to it by this Chapter.

(2) [F2 The] Council shall consist of not less than ten or more than fifteen members appointed by the Secretary of State, of whom—

(a) one shall be so appointed as chairman; and

(b) another may be so appointed as deputy chairman;

and members so appointed shall include persons having relevant knowledge or experience in education.

(3) The general functions of the [F3 Council, in relation to Wales, shall be, so far as relevant for the purposes of advancing education]—

(a) to keep all aspects of the curriculum for maintained schools under review;

(b) to advise the Secretary of State on such matters concerned with the curriculum for maintained schools as he may refer to it or as it may see fit;

(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for schools;

(d) to publish and disseminate, and to assist in the publication and dissemination of, information relating to the curriculum for schools; and

(e) to carry out such ancillary activities as the Secretary of State may direct.

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of subsection (3)(e) F5 . . . above, activities are ancillary activities in relation to [F6 the] Council if the Secretary of State considers it is appropriate for the Council to carry out those activities for the purposes of or in connection with the exercise by the Council of any of its other functions under that subsection.

(6) It shall be the duty of [F7 the] Council—

(a) to furnish the Secretary of State with such reports and other information with respect to the exercise of its functions as he may require; and

(b) in exercising its functions—

(i) to comply with any directions given, and to act in accordance with any plans approved, by the Secretary of State; and

(ii) to have regard to the requirements of section 1 of this Act.

(7) Schedule 2 to this Act shall have effect with respect to [F8 the] Council.

Textual Amendments

F1 Words in s. 14(1) and s. 14(1)(a)(c) repealed (1.1.1994) by 1993 c. 35, s. 307(3), Sch. 21, Pt. II; S.I. 1993/3106, art. 4, Sch. 1 (as amended by S.I. 1994/436, art.2).

F2 Word in s. 14(2) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19, para. 118(a); S.I. 1993/3106, art. 4, Sch.1 (as amended by S.I. 1994/436, art.2).

F3 Words in s. 14(3) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 118(b); S.I. 1993/1975, art. 9, Sch. 1

F4 S. 14(4) repealed (1.10.1993) by 1993 c. 35, s. 307(3), Sch. 21, Pt. II; S. I. 1993/1975, art. 9, Sch. 1 Appendix

F5 Words in s. 14(5)(b) repealed (1.10.1993) by 1993 c. 35, s. 307(3), Sch. 21, Pt. II; S.I. 1993/1975, art. 9, Sch. 1 Appendix

F6 Word in s. 14(5) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 118(c); S.I. 1993/1975, art. 9, Sch. 1

F7 Word in s. 14(6) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19, para. 118(d); S.I. 1993/1975, art. 9, Sch. 1

F8 Word in s. 14(7) substituted (1.1.1994) by 1993 c. 35, s. 307(1), Sch. 19, para. 18(e); S.I. 1993/3106, art. 4, Sch.1 (as amended by S.I. 1994/436, art.2).

15 Transfers of property and staff to Councils. E+W

(1) References below in this section to the Council are references to each of the following bodies—

(a) the National Curriculum Council;

(b) the Curriculum Council for Wales; and

(c) the School Examinations and Assessment Council.

(2) The Secretary of State may by order provide for the transfer to the Council of—

(a) such of the property of an existing body; and

(b) such of the rights and liabilities of such a body (other than rights and liabilities arising under contracts of employment);

as, in his opinion, require to be so transferred for the purpose of enabling the Council properly to perform its functions; and an order under this subsection may contain such incidental, consequential and supplementary provisions as appear to the Secretary of State to be necessary or expedient.

(3) Subsection (4) below applies to any person who—

(a) immediately before the establishment of the Council is employed by an existing body; and

(b) is as respects the Council designated by order of the Secretary of State.

(4) The contract of employment between a person to whom this subsection applies and the existing body shall have effect from the commencement date of the order under subsection (3) above as if originally made between him and the Council.

(5) Without prejudice to subsection (4) above—

(a) all the existing body’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the Council on the commencement date of the order under subsection (3) above; and

(b) anything done before that date by or in relation to the existing body in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the Council.

(6) Subsections (4) and (5) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by subsection (4) above.

(7) An order under subsection (3) above may designate a person either individually or as a member of a class or description of employees.

(8) No order under this section shall be made more than six months after the date on which the Council is established; and any order under this section made before that date shall come into force on that date.

(9) In this section—

• “commencement date ”, in relation to an order under subsection (3) above, means the date on which the order comes into force;

• “existing body ” means the School Curriculum Development Committee or the Secondary Examinations Council.

Modifications etc. (not altering text)

C1 Ss. 1-25 (Pt. I) except ss. 2(1)(a), 6, 9(3)-(10), 10(1) applied (9.5.1994) by S.I. 1994/1084, reg.9.