Education Act 1996

Local Government and Housing Act 1989 (c. 42)

95 In section 2(6)(a) of the Local Government and Housing Act 1989 (politically restricted posts) for “section 88 of the Education Act 1944” there is substituted “section 532 of the Education Act 1996”.

96 (1) Section 13 of that Act (voting rights of members of committees)—

(a) shall be amended as provided in sub-paragraphs (2), (3) and (5); and

(b) shall continue to have effect with the amendment set out in sub-paragraph (4) (originally made by Schedule 19 to the [1993 c. 35.] Education Act 1993).

(2) In subsection (4)(f) for “Part I of Schedule 2 to the Education Act 1980 (appeal committees for hearing school admissions appeals)” there is substituted “Part I of Schedule 33 to the Education Act 1996 (constitution of appeal committees for admission appeals etc.)”.

(3) For subsection (5) there is substituted—

“(5) Nothing in this section shall prevent the appointment of a person who is not a member of a local education authority as a voting member of—

(a) any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local education authority,

(b) any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local education authorities, or

(c) any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,

where that appointment is required by directions given by the Secretary of State under section 499 of the Education Act 1996 (power of Secretary of State to direct appointment of members of committees).”

(4) In subsection (7) for “education committee or sub-committee of an education committee” there is substituted “committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection”.

(5) In subsection (9) the definition of “foundation governors” and the “and” immediately following it are omitted.

97 In section 18(5)(c) of that Act (schemes for allowances for local authority members) for “paragraph 2 or 3 of Schedule 2 to the Education Act 1980” there is substituted “paragraph 2 or 3 of Schedule 33 to the Education Act 1996”.