Opinion on the Draft Act on the Crime of Enforced Disappearance of Tunisia
Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) Words in s. 1(1) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 41; S.I. 1993/1975, art. 9, Sch.1 Words inserted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 15 Ss. 1(2), 3(1)(2) repealed by Education Act 1980 (c.20, SIF 41:1), s. 38(6), Sch. 7 Ss. 1(2), 3(1)(2) repealed by Education Act 1980 (c.20, SIF 41:1), s. 38(6), Sch. 7 S. 3(4) repealed (1.10.1993) by 1993 c. 35, ss. 286, 307(3), Sch. 21 Pt. II; S.I. 1993/1975, art. 9, Sch. 1 Appendix Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7 Sch. 1 para. 1 repealed (1.10.1993) by 1993 c. 35, s. 307(3), Sch. 21 Pt.II; S.I. 1993/1975, art. 9, Sch. 1Appendix Sch. 1 para. 7, Sch. 3 Part A repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7 Sch. 1 para. 7, Sch. 3 Part A repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7 The text of s. 1(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of s. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of s. 3(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1944 c. 31. 1944 c. 31. 1944 c. 31 1964 c. 82. 1946 c. 50. 1948 c. 40. 1946 c. 50. 1953 c. 33. 1967 c. 3. 1944 c. 31. 1946 c. 50. 1963 c. 33. 1944 c. 31. 1946 c. 50. 1944 c. 31. 1948 c. 40.
For purposes of the Education Acts 1944 to 1993 and any other enactment relating to the duties of a local education authority, references in whatever terms to discontinuing a school (and, in particular, those in section 13 of the Education Act 1944 or section 12 of the Education Act 1980 to a local authority ceasing to maintain a county school or a voluntary school), or to establishing a new school, shall not be read as applying by reason of any change which is made to an existing school— and the school existing before an event mentioned in paragraph (a), (b) or (c) above shall be regarded as continuing despite that event and as being the same school before and after that event (unless it is to be regarded for other reasons as discontinued).
by education beginning or ceasing to be provided for pupils above or below a particular age; or
by education beginning or ceasing to be provided for girls as well as boys, of for boys as well as girls; or
by any enlargement or alteration of the school premises or transfer of the school to a new site;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1) there shall be inserted after paragraph (c) the words " or where a local education authority intend to make any significant change in the character, or significant enlargement of the premises, of a county school "; and
in subsection (2) there shall be inserted after the words " as a voluntary school " the words " or where the managers or governors of a school maintained by a local education authority as a voluntary school intend to make any significant change in the character, or significant enlargement of the premises, of the school" ;
In the enactments mentioned in Schedule I to this Act there shall be made the amendments provided for by that Schedule, being amendments arising out of or related to the provisions in subsections (1) and (2) above ; and the enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
Subsection (1) above shall be deemed to have had effect since the beginning of April 1945 in so far as the effect is—
that a school is to be or have been regarded as being the same school before and after any such event as is there mentioned; or
that anything may be or have been lawfully done without proposals being approved under section 13 of the Education Act 1944.
Subject to subsection (4) above, this section shall not apply in relation to things proposed to be done before the end of the summer term 1968, nor in relation to proposals approved before then under section 13 of the Education Act 1944 or to anything done or to be done in pursuance of any such proposals; and for this purpose “summer term” means, in the case of any school, the term ending last before the month of September.
Section 1 of the Education Act 1964 (which enables new county or voluntary schools to be established to provide both primary and secondary education) shall apply where it is proposed that an existing school maintained or to be maintained by a local education authority should provide both primary and secondary education, and accordingly in subsection (1) of that section—
for the words from “Where a local education authority intend to establish a new county school” to “for that purpose” there shall be substituted the words “Where proposals with respect to a school maintained or to be maintained by a local education authority are submitted” ; and
for the word “established” in paragraph (b) there shall be substituted the words “a school”.
In section 13 of the Education Act 1944—
in subsection (6) (which requires submission to the Secretary of State of specifications and plans of the school premises of a proposed new county or voluntary school) after the words " specifications and plans of the school premises " there shall be inserted the words " if the premises are new premises (that is to say, if the premises do not comprise buildings used for a school at the time when the proposals are approved) or if the Secretary of State so directs "; and
in subsection (7) (which requires those concerned to give effect to proposals for a new school after the proposals, specifications and plans have been approved under the section) after the words " under this section " there shall be inserted the words " or, in a case where specifications and plans are not required, when the proposals have been so approved and the Secretary of State has notified the authority or persons by whom the proposed school is to be established that specifications and plans will not be required ", and after the words " so approved " there shall be inserted the words " (if any) ".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 7(2) of the Education (Miscellaneous Provisions) Act 1948 (which enables the prescribed standards for school premises to be relaxed by the Secretary of State in approving specifications and plans of a new school under section 13(6) of the Education Act 1944, and does so by reference to the proviso to section 10(2) of that Act as set out in subsection (1) of the said section 7) after paragraph (b) there shall be inserted the words " or if the Secretary of State is satisfied, on the submission to him of the specifications and plans of the school premises where the premises are to comprise the existing site or buildings of another school, as to the matters mentioned in paragraph (a) set out in the preceding subsection ".
In the proviso to section 10(2) of the Education Act 1944, as set out in section 7(1) of the Education (Miscellaneous Provisions) Act 1948 (which proviso enables the Secretary of State in certain circumstances to permit school premises not to conform to the prescribed standards) for the words “having regard to shortage of labour or materials” in paragraph (c) there shall be substituted the words “having regard to the need to control public expenditure in the interests of the national economy”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that the managers or governors of a voluntary school propose to make a significant enlargement of the school premises or alterations to those premises, and that it is desirable for them to do so for the better provision of primary or secondary education at the premises, or for securing that there is available for the area of the authority a sufficiency of suitable primary or secondary schools, or for both those reasons ; and
that, having regard to the need to control public expenditure in the interests of the national economy, it is not reasonably practicable to effect the enlargement or alterations by providing permanent accommodation;
There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums so payable under the Education Acts 1944 to 1967.
In accordance with the provisions of this Act (apart from the transitional provisions in section 1(5)), the following sections, namely,— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 1 of the Education Act 1946; and section 7 of the Education (Miscellaneous Provisions) Act 1948; are to have effect as set out in Schedule 3 to this Act with the amendments made by this Act, by the Secretary of State for Education and Science Order 1964 and by the provisions listed in subsection (2) below, but without prejudice to the operation of any enactment affecting the operation of those sections and not so listed.
The provisions above referred to, . . . as regards provisions by which section 1 of the Education Act 1946 is amended, are— The Education (Miscellaneous Provisions) Act 1953, section 3; and The Education Act 1967, section 2.
This Act may be cited as the Education Act 1968 and this Act and the Education Acts 1944 to 1967 may be cited together as the Education Acts 1944 to 1968.
This Act shall be construed as one with the Education Acts 1944 to 1967.
This Act does not extend to Scotland or to Northern Ireland.
Section 1.
In section 16(1) of the Education Act 1944 there shall be omitted the words " and any transfer so authorised shall not be deemed, for the purposes of this Act, to constitute the discontinuance of the school or the establishment of a new school " ; and in their place there shall be inserted the words " and a voluntary school shall not be transferred to a new site without the authority of an order under this subsection ".
In section 17 of the Education Act 1944 there shall be added as a new subsection (6)—
For section 67(4) of the Education Act 1944 there shall be substituted—
Section 102 (payment of maintenance contributions by the Secretary of State) of the Education Act 1944 shall be amended— In section 105(2) of the Education Act 1944 (which lists in paragraphs (a) to (d) the initial expenses qualifying, in the case of an aided or special agreement school, for loans under the section) for paragraph (c) there shall be substituted—.
In section 114(1) of the Education Act 1944 the existing definition of " alterations " shall be omitted and, at the places required by the alphabetical order in section 114(1), there shall be inserted the following definitions:—
" alterations ", in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises ;
" enlargement", in relation to any school premises, includes any modification of the existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided, and " enlarge " shall be construed accordingly;
" significant", in relation to a change in the character of a school or an enlargement of school premises, implies that there is a substantial change in the function or size of the school.
In section 1(1) of the Education Act 1946 (of which the text, as amended, is set out in Schedule 3 to this Act) for paragraph (a) there shall be substituted—.
In section 7 of the Education (Miscellaneous Provisions) Act 1948 (of which the text, as amended, is set out in Schedule 3 to this Act), after subsection (2), there shall be inserted as a new subsection (2A)—; and in subsection (3) after the words " This section " there shall be inserted the words " except subsection (2A) ";
In section 31(5) of the London Government Act 1963 (which provides that in Greater London schools maintained by a local education authority before April 1965 shall not cease to be so maintained except as there mentioned) for the words " except in accordance with section 13 or 14 of the said Act of 1944 " there shall be substituted the words " except in accordance with the Education Acts 1944 to 1968 ".
Section 1. Chapter Short title Extent of repeal 9 &10 Geo. 6. c. 50. The Education Act 1946. Section 1(2). In Part II of Schedule 2, the entry relating to section 114 of the Education Act 1944. 1 &2 Eliz. 2. c. 33. The Education (Miscellaneous Provisions) Act 1953. In section 2(a), the words “(otherwise than by way of enlargement of an existing school)”. Section 8(3)(b), together with the word “and” at the end of section 8(3)(a). 1967 c. 3. The Education Act 1967. Section 1(2)(b), together with the word “or” at the end of section 1(2)(a).
Section 5.
If upon the application of a local education authority and the managers or governors of a controlled school maintained by the authority the Secretary of State is satisfied—
For the proviso to subsection (2) of section ten of the principal Act (which empowers the Secretary of State to give such a direction as is therein mentioned where he is satisfied that it would be unreasonable in the case of any particular school to require conformity in any particular respect with the requirements of the regulations as to the prescribed standards as to the premises of schools), the following proviso shall be substituted, that is to say—Provided that, if the Secretary of State is satisfied with respect to any school— Where it is proposed to establish a new school to be maintained by a local education authority, if the Secretary of State is satisfied, on the submission to him of the specifications and plans of the school premises, either— Notwithstanding the provisions of section 13 of the principal Act as to conformity to the prescribed standards, the Secretary of State may approve specifications and plans submitted to him under that section in connection with proposals for a significant enlargement of school premises in any case where he could under subsection (2) of this section do so if they were specifications and plans of the school premises of a new school proposed to be established. This section, except subsection (2A), shall be deemed to have had effect since the commencement of Part 11 of the principal Act.
Section 1.
In section 17 of the Education Act 1944 there shall be added as a new subsection (6)—
For section 67(4) of the Education Act 1944 there shall be substituted —
Section 102 (payment of maintenance contributions by the Secretary of State) of the Education Act 1944 shall be amended — In section 105(2) of the Education Act 1944 (which lists in paragraphs (a) to (d) the initial expenses qualifying, in the case of an aided or special agreement school, for loans under the section) for paragraph (c) there shall be substituted—.
In section 11 4(1) of the Education Act 1944 the existing definition of “alterations” shall be omitted and, at the places required by the alphabetical order in section 114(1), there shall be inserted the following definitions.—
“alterations” in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises;
“enlargement”, in relation to any school premises, includes any modification of the existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided, and “enlarge” shall be construed accordingly ;
“significant”, in relation to a change in the character of a school or an enlargement of school premises, implies that there is a substantial change in the function or size of the school.
In section 1(1) of the Education Act 1946 (of which the text, as amended, is set out in Schedule 3 to this Act) for paragraph (a) there shall be substituted—.
In section 31(5) of the London Government Act 1963 (which provides that in Greater London schools maintained by a local education authority before April 1965 shall not cease to be so maintained except as there mentioned) for the words “except in accordance with section 13 or 14 of the said Act of 1944” there shall be substituted the words “except in accordance with the Education Acts 1944 to 1968”.
Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) Words in s. 1(1) substituted (1.10.1993) by 1993 c. 35, s. 307(1), Sch. 19 para. 41; S.I. 1993/1975, art. 9, Sch.1 Words inserted by Education Act 1980 (c. 20, SIF 41:1), s. 16(4), Sch. 3 para. 15 Ss. 1(2), 3(1)(2) repealed by Education Act 1980 (c.20, SIF 41:1), s. 38(6), Sch. 7 Ss. 1(2), 3(1)(2) repealed by Education Act 1980 (c.20, SIF 41:1), s. 38(6), Sch. 7 S. 3(4) repealed (1.10.1993) by 1993 c. 35, ss. 286, 307(3), Sch. 21 Pt. II; S.I. 1993/1975, art. 9, Sch. 1 Appendix Words repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7 Sch. 1 para. 1 repealed (1.10.1993) by 1993 c. 35, s. 307(3), Sch. 21 Pt.II; S.I. 1993/1975, art. 9, Sch. 1Appendix Sch. 1 para. 7, Sch. 3 Part A repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7 Sch. 1 para. 7, Sch. 3 Part A repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7 The text of s. 1(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of s. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of s. 3(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 1 paras. 1, 2, 3, 4, 5, 6, 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1944 c. 31. 1944 c. 31. 1944 c. 31 1964 c. 82. 1946 c. 50. 1948 c. 40. 1946 c. 50. 1953 c. 33. 1967 c. 3. 1944 c. 31. 1946 c. 50. 1963 c. 33. 1944 c. 31. 1946 c. 50. 1944 c. 31. 1948 c. 40.
For purposes of the Education Acts 1944 to 1993 and any other enactment relating to the duties of a local education authority, references in whatever terms to discontinuing a school (and, in particular, those in section 13 of the Education Act 1944 or section 12 of the Education Act 1980 to a local authority ceasing to maintain a county school or a voluntary school), or to establishing a new school, shall not be read as applying by reason of any change which is made to an existing school— and the school existing before an event mentioned in paragraph (a), (b) or (c) above shall be regarded as continuing despite that event and as being the same school before and after that event (unless it is to be regarded for other reasons as discontinued).
by education beginning or ceasing to be provided for pupils above or below a particular age; or
by education beginning or ceasing to be provided for girls as well as boys, of for boys as well as girls; or
by any enlargement or alteration of the school premises or transfer of the school to a new site;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1) there shall be inserted after paragraph (c) the words " or where a local education authority intend to make any significant change in the character, or significant enlargement of the premises, of a county school "; and
in subsection (2) there shall be inserted after the words " as a voluntary school " the words " or where the managers or governors of a school maintained by a local education authority as a voluntary school intend to make any significant change in the character, or significant enlargement of the premises, of the school" ;
In the enactments mentioned in Schedule I to this Act there shall be made the amendments provided for by that Schedule, being amendments arising out of or related to the provisions in subsections (1) and (2) above ; and the enactments mentioned in Schedule 2 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
Subsection (1) above shall be deemed to have had effect since the beginning of April 1945 in so far as the effect is—
that a school is to be or have been regarded as being the same school before and after any such event as is there mentioned; or
that anything may be or have been lawfully done without proposals being approved under section 13 of the Education Act 1944.
Subject to subsection (4) above, this section shall not apply in relation to things proposed to be done before the end of the summer term 1968, nor in relation to proposals approved before then under section 13 of the Education Act 1944 or to anything done or to be done in pursuance of any such proposals; and for this purpose “summer term” means, in the case of any school, the term ending last before the month of September.
Section 1 of the Education Act 1964 (which enables new county or voluntary schools to be established to provide both primary and secondary education) shall apply where it is proposed that an existing school maintained or to be maintained by a local education authority should provide both primary and secondary education, and accordingly in subsection (1) of that section—
for the words from “Where a local education authority intend to establish a new county school” to “for that purpose” there shall be substituted the words “Where proposals with respect to a school maintained or to be maintained by a local education authority are submitted” ; and
for the word “established” in paragraph (b) there shall be substituted the words “a school”.
In section 13 of the Education Act 1944—
in subsection (6) (which requires submission to the Secretary of State of specifications and plans of the school premises of a proposed new county or voluntary school) after the words " specifications and plans of the school premises " there shall be inserted the words " if the premises are new premises (that is to say, if the premises do not comprise buildings used for a school at the time when the proposals are approved) or if the Secretary of State so directs "; and
in subsection (7) (which requires those concerned to give effect to proposals for a new school after the proposals, specifications and plans have been approved under the section) after the words " under this section " there shall be inserted the words " or, in a case where specifications and plans are not required, when the proposals have been so approved and the Secretary of State has notified the authority or persons by whom the proposed school is to be established that specifications and plans will not be required ", and after the words " so approved " there shall be inserted the words " (if any) ".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 7(2) of the Education (Miscellaneous Provisions) Act 1948 (which enables the prescribed standards for school premises to be relaxed by the Secretary of State in approving specifications and plans of a new school under section 13(6) of the Education Act 1944, and does so by reference to the proviso to section 10(2) of that Act as set out in subsection (1) of the said section 7) after paragraph (b) there shall be inserted the words " or if the Secretary of State is satisfied, on the submission to him of the specifications and plans of the school premises where the premises are to comprise the existing site or buildings of another school, as to the matters mentioned in paragraph (a) set out in the preceding subsection ".
In the proviso to section 10(2) of the Education Act 1944, as set out in section 7(1) of the Education (Miscellaneous Provisions) Act 1948 (which proviso enables the Secretary of State in certain circumstances to permit school premises not to conform to the prescribed standards) for the words “having regard to shortage of labour or materials” in paragraph (c) there shall be substituted the words “having regard to the need to control public expenditure in the interests of the national economy”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that the managers or governors of a voluntary school propose to make a significant enlargement of the school premises or alterations to those premises, and that it is desirable for them to do so for the better provision of primary or secondary education at the premises, or for securing that there is available for the area of the authority a sufficiency of suitable primary or secondary schools, or for both those reasons ; and
that, having regard to the need to control public expenditure in the interests of the national economy, it is not reasonably practicable to effect the enlargement or alterations by providing permanent accommodation;
There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums so payable under the Education Acts 1944 to 1967.
In accordance with the provisions of this Act (apart from the transitional provisions in section 1(5)), the following sections, namely,— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 1 of the Education Act 1946; and section 7 of the Education (Miscellaneous Provisions) Act 1948; are to have effect as set out in Schedule 3 to this Act with the amendments made by this Act, by the Secretary of State for Education and Science Order 1964 and by the provisions listed in subsection (2) below, but without prejudice to the operation of any enactment affecting the operation of those sections and not so listed.
The provisions above referred to, . . . as regards provisions by which section 1 of the Education Act 1946 is amended, are— The Education (Miscellaneous Provisions) Act 1953, section 3; and The Education Act 1967, section 2.
This Act may be cited as the Education Act 1968 and this Act and the Education Acts 1944 to 1967 may be cited together as the Education Acts 1944 to 1968.
This Act shall be construed as one with the Education Acts 1944 to 1967.
This Act does not extend to Scotland or to Northern Ireland.
Section 1.
In section 16(1) of the Education Act 1944 there shall be omitted the words " and any transfer so authorised shall not be deemed, for the purposes of this Act, to constitute the discontinuance of the school or the establishment of a new school " ; and in their place there shall be inserted the words " and a voluntary school shall not be transferred to a new site without the authority of an order under this subsection ".
In section 17 of the Education Act 1944 there shall be added as a new subsection (6)—
For section 67(4) of the Education Act 1944 there shall be substituted—
Section 102 (payment of maintenance contributions by the Secretary of State) of the Education Act 1944 shall be amended— In section 105(2) of the Education Act 1944 (which lists in paragraphs (a) to (d) the initial expenses qualifying, in the case of an aided or special agreement school, for loans under the section) for paragraph (c) there shall be substituted—.
In section 114(1) of the Education Act 1944 the existing definition of " alterations " shall be omitted and, at the places required by the alphabetical order in section 114(1), there shall be inserted the following definitions:—
" alterations ", in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises ;
" enlargement", in relation to any school premises, includes any modification of the existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided, and " enlarge " shall be construed accordingly;
" significant", in relation to a change in the character of a school or an enlargement of school premises, implies that there is a substantial change in the function or size of the school.
In section 1(1) of the Education Act 1946 (of which the text, as amended, is set out in Schedule 3 to this Act) for paragraph (a) there shall be substituted—.
In section 7 of the Education (Miscellaneous Provisions) Act 1948 (of which the text, as amended, is set out in Schedule 3 to this Act), after subsection (2), there shall be inserted as a new subsection (2A)—; and in subsection (3) after the words " This section " there shall be inserted the words " except subsection (2A) ";
In section 31(5) of the London Government Act 1963 (which provides that in Greater London schools maintained by a local education authority before April 1965 shall not cease to be so maintained except as there mentioned) for the words " except in accordance with section 13 or 14 of the said Act of 1944 " there shall be substituted the words " except in accordance with the Education Acts 1944 to 1968 ".
Section 1. Chapter Short title Extent of repeal 9 &10 Geo. 6. c. 50. The Education Act 1946. Section 1(2). In Part II of Schedule 2, the entry relating to section 114 of the Education Act 1944. 1 &2 Eliz. 2. c. 33. The Education (Miscellaneous Provisions) Act 1953. In section 2(a), the words “(otherwise than by way of enlargement of an existing school)”. Section 8(3)(b), together with the word “and” at the end of section 8(3)(a). 1967 c. 3. The Education Act 1967. Section 1(2)(b), together with the word “or” at the end of section 1(2)(a).
Section 5.
If upon the application of a local education authority and the managers or governors of a controlled school maintained by the authority the Secretary of State is satisfied—
For the proviso to subsection (2) of section ten of the principal Act (which empowers the Secretary of State to give such a direction as is therein mentioned where he is satisfied that it would be unreasonable in the case of any particular school to require conformity in any particular respect with the requirements of the regulations as to the prescribed standards as to the premises of schools), the following proviso shall be substituted, that is to say—Provided that, if the Secretary of State is satisfied with respect to any school— Where it is proposed to establish a new school to be maintained by a local education authority, if the Secretary of State is satisfied, on the submission to him of the specifications and plans of the school premises, either— Notwithstanding the provisions of section 13 of the principal Act as to conformity to the prescribed standards, the Secretary of State may approve specifications and plans submitted to him under that section in connection with proposals for a significant enlargement of school premises in any case where he could under subsection (2) of this section do so if they were specifications and plans of the school premises of a new school proposed to be established. This section, except subsection (2A), shall be deemed to have had effect since the commencement of Part 11 of the principal Act.
Section 1.
In section 17 of the Education Act 1944 there shall be added as a new subsection (6)—
For section 67(4) of the Education Act 1944 there shall be substituted —
Section 102 (payment of maintenance contributions by the Secretary of State) of the Education Act 1944 shall be amended — In section 105(2) of the Education Act 1944 (which lists in paragraphs (a) to (d) the initial expenses qualifying, in the case of an aided or special agreement school, for loans under the section) for paragraph (c) there shall be substituted—.
In section 11 4(1) of the Education Act 1944 the existing definition of “alterations” shall be omitted and, at the places required by the alphabetical order in section 114(1), there shall be inserted the following definitions.—
“alterations” in relation to any school premises, includes improvements, extensions and additions, but does not include any significant enlargement of the school premises;
“enlargement”, in relation to any school premises, includes any modification of the existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided, and “enlarge” shall be construed accordingly ;
“significant”, in relation to a change in the character of a school or an enlargement of school premises, implies that there is a substantial change in the function or size of the school.
In section 1(1) of the Education Act 1946 (of which the text, as amended, is set out in Schedule 3 to this Act) for paragraph (a) there shall be substituted—.
In section 31(5) of the London Government Act 1963 (which provides that in Greater London schools maintained by a local education authority before April 1965 shall not cease to be so maintained except as there mentioned) for the words “except in accordance with section 13 or 14 of the said Act of 1944” there shall be substituted the words “except in accordance with the Education Acts 1944 to 1968”.