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Education Act 1946 (repealed 1.11.1996)
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Changes over time for: Paragraph 2
Version Superseded: 01/01/1994
Alternative versions:
- 01/02/1991- Amendment
- 01/10/1993- Amendment
- 01/10/1993
Point in time - 01/01/1994- Amendment
- Stop date 01/11/1996- Amendment
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Point in time view as at 01/10/1993. This version of this provision has been superseded.
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2[F1(1)]Where under subsection (1) of section sixteen of the principal Act the [F2Secretary of State for Education and Science] has made an order authorising the transfer to a new site of an aided school or a special agreement school, the duties of the managers or governors of the school shall include the duty of defraying, with the assistance of any grant which may be made in accordance with section one hundred and three of the principal Act, the expenses of providing any school buildings to be provided on the new site, and accordingly—
(a)the [F2Secretary of State for Education and Science] shall not direct that a school shall be an aided school or a special agreement school unless he is satisfied that the managers or governors of the school will be able and willing to defray any such expenses;
(b)the duty of the local education authority to maintain an aided school or a special agreement school shall not include the duty of defraying any such expenses; and
(c)if at any time the managers or governors of an aided school or a special agreement school are unable or unwilling to carry out their obligations under this paragraph, it shall be their duty to apply to the [F2Secretary of State for Education and Science] for an order revoking the order or direction by virtue of which the school is an aided school or a special agreement school, and upon such an application being made to him the [F2Secretary of State for Education and Science] shall revoke the order or direction.
[F3(2)For the purposes of paragraph (c) of sub-paragraph (1) of this paragraph, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under this paragraph if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).]
Textual Amendments
F1Sch. 1 para. 2 renumbered (1.10.1993) as 2(1) by 1993 c. 35, s. 282(4); S.I. 1993/1975, art. 9, Sch.1
F2Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)
F3Sch. 1 para. 2(2) inserted (1.10.1993) by 1993 c. 35, s. 282(4); S.I. 1993/1975, art. 9, Sch. 1
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