44(1)Sub-paragraph (2) below applies to—U.K.
(a)any education committee established in accordance with paragraph 1 of Part II of Schedule 1 to the Education Act 1944, and
(b)any sub-committee of any such committee appointed in accordance with paragraph 10 of that Part,
which was in existence immediately before 1st April 1994.
(2)Any committee or sub-committee to which this sub-paragraph applies shall, for the purposes of any enactment, be treated as if it had been—
(a)appointed on that date—
(i)in the case of a committee, by the local authority, or
(ii)in the case of a sub-committee, by the committee appointed by the authority,
in accordance with section 102(1) of the M1Local Government Act 1972, and
(b)so appointed wholly or partly for the purpose of discharging any [F1of the local authority’s education functions] on them in their capacity as a [F2local authority] or, as the case may be, the committee’s functions with respect to education.
(3)Sub-paragraph (4) below applies to any person who was immediately before 1st April 1994 a member of an education committee or sub-committee of such a committee appointed for a term of office.
(4)Any person to whom this sub-paragraph applies shall, for the purposes of any enactment, be treated—
(a)as if he had been appointed on that date as a member of a committee or sub-committee appointed as mentioned in sub-paragraph (2) above for the residue of that term, and
(b)if he was a member of an education committee or sub-committee by virtue of directions given by the Secretary of State under paragraph 5A of Part II of Schedule 1 to the M2Education Act 1944, as if he had been appointed on that date as a member of a committee or sub-committee appointed as mentioned in sub-paragraph (2) above by virtue of directions given by the Secretary of State under section 297 of the M3Education Act 1993 or, in relation to any time after the commencement of this Act, under section 499 of this Act.
Textual Amendments
F1Words in Sch. 39 para. 44(2)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(16)
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
Marginal Citations