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17(1)Without prejudice to paragraph 1(3) above—
(a)the reference in section 101(1) of this Act to a scheme made by a local education authority under section 103 of this Act includes a reference to a scheme in force immediately before the commencement of this Act which was made under section 33 of the [1988 c. 40.] Education Reform Act 1988 (including one made by way of variation or replacement of such a scheme under section 35 of that Act); and
(b)the reference in section 104(6) of this Act to section 104(5) includes a reference to section 34(6) of that Act.
(2)In relation to any such scheme made (or treated as if made) under section 33 of that Act, the reference in section 110(2) of this Act to the date of the coming into force of the scheme is (subject to sub-paragraph (3) below) a reference to the date of its coming into force as first made under section 33 (or 34(6)) of that Act.
(3)Where the initial period of any such scheme made before 1st January 1994 (the date on which section 274 of the [1993 c. 35.] Education Act 1993 came into force) was before 1st January 1994 determined by reference to a date later than that referred to in sub-paragraph (2) above, section 110(2) of this Act shall have effect in relation to the scheme as if it instead referred to that later date.
18Nothing in section 141 of this Act requires a local education authority to amend the articles of government of a school if, before the commencement of this Act, they have already amended those articles in accordance with section 44(4) of the [1988 c. 40.] Education Reform Act 1988.
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