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Education Act 1993 (repealed) in Northern Ireland

1993 c. 35 · Enacted 27 July 1993 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 November 1996.

Annotations to the whole text

Textual amendments

F1

Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)

Contents

  1. Part III: CHILDREN WITH SPECIAL EDUCATIONAL NEEDS
  2. Part VI: MISCELLANEOUS
  3. Replacement of the National Curriculum Council and the School Examinations and Assessment Council
  4. 244The School Curriculum and Assessment Authority.
  5. Supplementary
  6. 307Amendments etc.
  7. Schedule 14: SCHOOL CURRICULUM AND ASSESSMENT AUTHORITY
  8. Staff
  9. 11Paragraph 11
  10. Schedule 15: AMENDMENTS CONSEQUENTIAL ON SECTION 253
  11. The Public Records Act 1958 (c. 51)
  12. 1Paragraph 1
  13. The Superannuation Act 1972 (c. 11)
  14. 2Paragraph 2
  15. The House of Commons Disqualification Act 1975 (c. 24)
  16. 3Paragraph 3
  17. Schedule 19: MINOR AND CONSEQUENTIAL AMENDMENTS
  18. The Public Records Act 1958 (c. 51)
  19. 34Paragraph 34
  20. The Superannuation Act 1972 (c. 11)
  21. 46Paragraph 46
  22. 47Paragraph 47
  23. 48Paragraph 48
  24. The House of Commons Disqualification Act 1975 (c. 24)
  25. 55Paragraph 55
  26. The Representation of the People Act 1983 (c. 2)
  27. 83Paragraph 83
  28. The Value Added Tax Act 1983 (c. 55)
  29. 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  30. The Employment Act 1989 (c. 38)
  31. 146Paragraph 146
  32. The Children Act 1989 (c. 41)
  33. The Tribunals and Inquiries Act 1992 (c. 53)
  34. 174Paragraph 174
  35. Schedule 21: REPEALS
  36. IIOTHER REPEALS

244The School Curriculum and Assessment Authority.I1

(1)

There shall be a body corporate known as the School Curriculum and Assessment Authority.

(2)

The Authority shall consist of not less than ten nor more than fifteen members appointed by the Secretary of State.

(3)

Of the members of the Authority, the Secretary of State—

(a)

shall appoint one as chairman, and

(b)

may appoint another as deputy chairman.

(4)

The Secretary of State shall include among the members of the Authority persons who appear to him—

(a)

to have experience of, and to have shown capacity in, the provision of education, or

(b)

to have held, and to have shown capacity in, any position carrying responsibility for the provision of education.

(5)

Where in carrying out his functions under subsection (4) above the Secretary of State proposes to appoint a person who appears to him to have experience of, and to have shown capacity in, the provision of education, he shall have regard to the desirability of including persons engaged in the provision of primary or secondary education.

E1(6)

Schedule 14 to this Act shall have effect with respect to the Authority.

307Amendments etc.I1

(1)

Schedule 19 to this Act (which makes minor and consequential amendments) shall have effect.

(2)

Schedule 20 to this Act (which makes transitional provisions and savings) shall have effect.

(3)

The enactments mentioned in Schedule 21 to this Act are repealed to the extent mentioned in the third column.

11

E1(1)

Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the M1Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there is inserted—

“School Curriculum and Assessment Authority.”

(2)

The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3)

Where an employee of the Authority is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation Act 1972 and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9 above).

1

In Schedule 1 to the Public Records Act 1958, in Part II of the Table at the end of paragraph 3, for “Curriculum Council for Wales” there is substituted “ Curriculum and Assessment Authority for Wales ”.

2

In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies, for “Curriculum Council for Wales” there is substituted “ Curriculum and Assessment Authority for Wales ”.

3

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) for the entry relating to the Curriculum Council for Wales there is substituted—

“Any member of the Curriculum and Assessment Authority for Wales established under section 14 of the Education Reform Act 1988 in receipt of remuneration.”

34I1

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records) there are inserted at the appropriate places—

“Curriculum Council for Wales”,

“Funding Agency for Schools”,

“School Curriculum and Assessment Authority”, and

“Schools Funding Council for Wales”.

46

Employment with a funding authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—

“The Funding Agency for Schools.

The Schools Funding Council for Wales.”

47

A funding authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to paragraph 46 above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

48

Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 5 of Schedule 1 to this Act).

55I1

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—

(a)

there are inserted at the appropriate places—

“Any member of an education association in receipt of remuneration”,

“Any member of the Funding Agency for Schools in receipt of remuneration”, and

“Any member of the Schools Funding Council for Wales in receipt of remuneration”, and

(b)

for the entry relating to the National Curriculum Council there is substituted—

“Any member of the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993 in receipt of remuneration”.

83

In paragraph 22(1)(i) of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) after “authority” there is inserted “ a grant-maintained school ”.

84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

146

In section 10(6) (removal of restrictions relating to employment of young persons) for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 277 of the Education Act 1993) ”.

174

In paragraph 15(c) of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals), for “section 58(5)(d) of the Education Reform Act 1988 (c. 40)” there is substituted “ paragraph 5(1) of Schedule 6 to the Education Act 1993 ”.

IIOTHER REPEALSE1

ChapterShort titleExtent of repeal
1944 c. 31.The Education Act 1944Section 1(1).In section 6, the words in subsection (1) from “Subject” to “Act” and subsection (2).In section 16(1), “any county school or” and the words following “the new site”.Section 35.In section 50(1) “by them”.In paragraph (a) of the proviso to section 52(1), “by the authority”.Section 56.In section 58 “for the purposes of this Act”.Sections 102 and 103.In section 105(2), paragraph (d) and, in the words following that paragraph, “maintenance contribution”.In section 114(1), in the definition of “secondary school”, “primary or”.Parts I and II of the First Schedule.In paragraph 13(4) of the Fifth Schedule “either”.
1946 c. 50.The Education Act 1946.In Part II of the Second Schedule, the entry relating to section 102 of the Education Act 1944.
1948 c. 40.The Education (Miscellaneous Provisions) Act 1948.In the First Schedule, the entry relating to section 56 of the Education Act 1944.
1953 c. 33.The Education (Miscellaneous Provisions) Act 1953.Section 6(2)(a)(iii).Section 8(1).
1959 c. 60.The Education Act 1959.The whole Act.
1962 c. 12.The Education Act 1962.Section 9.
1967 c. 3.The Education Act 1967.Section 1.
1968 c. 17.The Education Act 1968.Section 3(4).In Schedule 1, paragraphs 1 and 4.
1972 c. 11.The Superannuation Act 1972.In Schedule 1, in the list of Other Bodies, the entries relating to the National Curriculum Council and the School Examinations and Assessment Council.
1972 c. 70.The Local Government Act 1972Section 101(9)(a).
1975 c. 2.The Education Act 1975.The whole Act.
1975 c. 24.The House of Commons Disqualification Act 1975.In Schedule 1, in Part III, the entry relating to membership of the School Examinations and Assessment Council.
1975 c. 65.The Sex Discrimination Act 1975.In section 82(1) the definition of the expression “upper limit of compulsory school age”.In paragraph 1 of Schedule 2 “in accordance with subsection (1) or (2) of that section”.
1976 c. 5.The Education (School-leaving Dates) Act 1976.The whole Act.
1976 c. 74.The Race Relations Act 1976.In section 78(1) the definition of the expression “upper limit of compulsory school age”.
1980 c. 20.The Education Act 1980.In section 12(3) “voluntary”.In section 13(1) “after consultation with the authority”.In section 13(3) “voluntary”.Section 14(4).In Schedule 1, in paragraph 1(2) “102”, paragraph 12, in paragraph 21 “(1) and” and paragraphs 22 and 23.In paragraph 1 of Schedule 2, in sub-paragraph (3) “or of any education committee of the authority” in each place where it occurs and in sub-paragraph (4) “or of any education committee of the authority” and “by more than one”.In Schedule 3, paragraphs 4 and 13.
1984 c. 11.The Education (Grants and Awards) Act 1984.In section 1(3)(b), “not exceeding 70 per cent. of the expenditure so approved”.In section 3, subsections (2) and (5) and, in subsection (3), the words “not being regulations to which subsection (2) above applies”.
1986 c. 61.The Education (No. 2) Act 1986.In section 5(4)(b) the words after “by the authority”.In section 23(a)(ii) and (b) “or indefinite”.Section 24(c) and (e) and, in paragraph (f), “or (c)”.Section 25(d), (e) and (f).In section 38, in subsection (4)(c) the words after “to the post” and, in subsection (6)(b), “or (4)(c)(ii)”.In section 50, in subsection (3)(c) the words “local education authorities, and other”, and subsection (4).Section 51(9) and (13).Section 54(12)(f).Section 63(4).In Schedule 2, in paragraph 7(7) the words after “by the authority”.
1988 c. 9.The Local Government Act 1988Section 1(1)(j).In Schedule 2, the words from “A joint education committee” to “1944”.
1988 c. 40.The Education Reform Act 1988.In section 14, in subsection (1), paragraph (a), the word “and” immediately following paragraph (b), paragraph (c) and the words “each of”, subsection (4) and, in subsection (5), the words “or (as the case may be) subsection (4)(g)”.In section 25(1), the definition of the expression “the Curriculum Council”.Section 42(4)(f) to (i) and (5)(b).In section 111, subsection (4) and, in subsection (5)(b), the words “provided under arrangements made by the authority”.In Schedule 2, paragraphs 1 and 9, in paragraph 10(5) the words from “and accordingly” to the end and, in paragraph 18, the words “in such form as the Secretary of State may direct with the approval of the Treasury”.In paragraph 2 of Schedule 4, sub-paragraphs (3)(b) and (c) and (4)(b) and (c).
1989 c. 41.The Children Act 1989Section 27(4).In section 36(8), the words from “social” to “of the”.
1989 c. 42.The Local Government and Housing Act 1989In section 13, subsections (2)(b) and (6).In paragraph 4 of Schedule 1, in sub-paragraph (1) the definition of “education committee” and, in paragraph (a) of the definition of “ordinary committee”, “education committee, their” and in sub-paragraph (2), in paragraph (a) of the definition of “ordinary committee”, “education committee or”.In Schedule 11, paragraph 4.
1991 No. 2.The Diocesan Boards of Education Measure 1991In section 3(6) “or (4)”.
1992 c. 13.The Further and Higher Education Act 1992.In Schedule 8, paragraphs 6 and 24(a), (c) and (d).
1993 c. 10.The Charities Act 1993.In Schedule 2, paragraphs (e) and (g).