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SCHEDULES

SCHEDULE 37U.K. Consequential amendments

Part IU.K. Amendments coming into force on 1st November 1996

Education Reform Act 1988 (c. 40)U.K.

F170U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 37 para. 70 repealed (1.4.2001) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. I (with art. 3)

71U.K.In section 161(1)(b)(i) of that Act (interpretation of Part II) for “section 41 of the 1944 Act” there is substituted “ section 15 of the Education Act 1996 ”.

72U.K.In section 163(1) of that Act (new education authorities for London) for “the Education Acts 1944 to 1996” there is substituted “ the Education Act 1996 ”.

73U.K.In section 166(5) of that Act (responsibility for schools) for “the Education Acts 1944 to 1993” there is substituted “ the Education Act 1996 ”.

74(1)Section 197 of that Act ([F2Education Transfer Council]) shall be amended as follows.U.K.

(2)In subsection (6), for “the Education Acts 1944 to 1993” there is substituted “ the Education Acts ”.

(3)Subsection (7) shall continue to have effect with the insertion of the words “and any governing body of a maintained or grant-maintained school” (originally inserted by section 47(5) of the M1Education Act 1993); and in that subsection for “the Education Acts 1944 to 1993” there is substituted “ the Education Acts ”.

(4)In subsection (7B), for “the Education Acts 1944 to 1992” there is substituted “ the Education Acts ”.

(5)At the end of the section there is added—

(10)In this section “the Education Acts” has the meaning given by section 578 of the Education Act 1996.

Textual Amendments

F2Words in Sch. 37 para. 74 substituted (1.10.1998) by 1998 c. 31, s. 136 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

Marginal Citations

F375E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F476U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 37 para. 76 repealed (2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2007/3611, art. 4(1), Sch. Pt. 1

77U.K.For section 219 of that Act there is substituted—

219 Powers of the Secretary of State in relation to certain educational institutions.

(1)This section applies to any institution which is maintained by a [F5local authority] and provides higher education or further education (or both).

(2)Section 495(1) of the Education Act 1996 (determination of disputes by the Secretary of State) shall apply in relation to the governing body of an institution to which this section applies as it applies in relation to the governing body of a school.

(3)Each of sections 496 and 497 of that Act (power of Secretary of State to prevent unreasonable exercise of functions and Secretary of State’s general default powers) shall have effect as if any reference to a body to which that section applies included a reference to the governing body of an institution to which this section applies.

(4)Section 498 of that Act (powers of Secretary of State where there is no properly constituted governing body) shall have effect as if any reference to a school to which that section applies included a reference to an institution to which this section applies.

F678E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 37 para. 78 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch.5

79U.K.In section 228 of that Act (transfer of property to grant-aided institutions in Wales), in subsection (2)(a), for “section 100(1)(b) of the 1944 Act” there is substituted “ section 485 of the Education Act 1996 ”.

80U.K.In section 232 of that Act (orders and regulations)—

(a)in subsection (2), for the words from “sections” to “Schedule 5” there is substituted “ section 157 ”;

(b)subsection (3) is omitted; and

(c)in subsection (4), “3(4)(a), 4(2)(c), 24,” is omitted.

81(1)Section 235 of that Act (general interpretation) shall be amended as follows.U.K.

(2)In subsection (1) the definition of “the 1980 Act” is omitted.

(3)In subsection (2)(c), after “1944 Act” there is inserted “ or section 485 of the Education Act 1996 ”.

(4)In subsections (7) and (8), for “the 1944 Act” in each place there is substituted “ the Education Act 1996 ”.

82(1)Schedule 10 to that Act (supplementary provisions with respect to transfers)—E+W

(a)shall continue to have effect with the amendments set out in sub-paragraph (2) (originally made by section 47 of the M2Education Act 1993); F7. . .

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The amendments mentioned in sub-paragraph (1)(a) are as follows—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph 4(1) of the Schedule, for “by virtue of section 126 or 130” there is substituted “ to which this Schedule applies ”; F9. . .

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 37 para. 82(1)(b) and the word immediately preceding it repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F8Sch. 37 para. 82(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F9Sch. 37 para. 82(2)(c) and the word immediately preceding it repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 31 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F10Sch. 37 para. 82(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I 1999/2323, art. 2(1), Sch. 1

Marginal Citations