Education Act 1993 (repealed) in Scotland

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

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

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

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

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.

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

In section 51 of the Education (No. 2) Act 1986 (recoupment), for subsections (1) to (4) there is substituted—

“(1)

The Secretary of State may by regulations provide, in relation to cases where any provision for education to which this section applies is made by a local education authority in respect of a person who belongs to the area of another such authority, for requiring or authorising the other authority to pay to the providing authority—

(a)

such amount as the authorities may agree; or

(b)

failing agreement, such amount as may be determined by or under the regulations.

(2)

This section applies to primary, secondary and further education and to part-time education for those who have not attained the age of five years.

(3)

The regulations may provide for the amounts payable by one authority to another—

(a)

to reflect the whole or any part of the average costs incurred by local education authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas); and

(b)

to be based on figures for average costs determined by such body or bodies representing local education authorities, or on such other figures relating to costs so incurred, as the Secretary of State considers appropriate.

(4)

The regulations may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined by the Secretary of State.”

In section 63 of that Act (orders and regulations)—

This section applies to endowments which are—

but this section does not apply to an endowment if or in so far as it constitutes a religious education fund.

The trustees of any endowments to which this section applies may, by resolution complying with subsection (6) below, adopt the uniform statutory trusts as the trusts on which those endowments are to be held.

The uniform statutory trusts are those set out in Schedule 17 to this Act.

On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order.

The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6) below, consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity.

For a resolution to comply with this subsection—

Where trustees pass a resolution under subsection (2) above it shall be their duty to send a copy of the resolution to the Secretary of State.

The uniform statutory trusts applicable to endowments to which this section applies shall not affect—

except in so far as any right falling within paragraph (a) above is extinguished by an order under section 2 of the M7Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987.

In this section—

• “company” means a company formed under the Companies Acts;

• “the Companies Acts” means the M8Companies Act 1985, the M9Companies Act 1948 or any Act repealed by that Act of 1948;

• “endowment” includes property not subject to any restriction on the expenditure of capital;

• “existing” means in force on the day on which this section comes into force;

• “provision”, in relation to premises, means provision by the purchase of a site, the erection of premises or the maintenance, improvement or enlargement of premises;

• “relevant school” means a voluntary school or a grant-maintained school.

• “religious education” means religious education in accordance with the tenets of a particular religion or religious denomination; and

• “religious education fund” includes a Sunday school fund.

In Schedule 17 to this Act as incorporated in any scheme or order—

• “the area” means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be;

• “relevant school” means a relevant school at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided; and

• “the relevant trust assets” means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.

Section 48A of the M1Education (Scotland) Act 1980 (corporal punishment) is amended as follows.

In subsection (1), after “pupil” there is inserted “ to whom this subsection applies ” and after that subsection there is inserted—

“(1A)

Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.

(1B)

In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.”

In subsection (5) for the words preceding paragraph (a) there is substituted

“In this section “pupil” means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school.

(5A)

Subsection (1) above applies to a pupil-”

In subsection (8)(a) for “(5)(a)(iii)” there is substituted “ (5A)(a)(iii) ”.

In this Act—

• “alterations”, in relation to any school premises, includes improvements, extensions and additions and “alter” shall be read accordingly,

• “Church in Wales school” means a school in the Province of Wales in which the religious education provided is provided in accordance with the faith and practice of the Church in Wales and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese,

• “Church of England school” means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated,

• “contract of employment”, “employee” and “employer” have the same meaning as in F1the Employment Rights Act 1996, and “employed” means employed under a contract of employment,

• F2“the Education Acts” means the Education Acts 1944 to 1996,

• “financial year” means a period of twelve months ending with 31st March,

• “functions” includes powers and duties,

• “land” includes buildings and other structures, land covered with water, and any interest in land,

• “liability” includes obligation,

• “local authority” means a county council F3a county borough council, a district council, a London borough council or the Common Council of the City of London,

• “local education authority”—

  1. (a)

     in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and

  2. (b)

     in relation to a grant-maintained school, means the local education authority for the area in which the school is situated,

• “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital,

• “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly,

• “prescribed” means prescribed by regulations,

• “regulations” means regulations made by the Secretary of State, and

• “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.

References in this Act to an interest in land include any easement, right or charge in, to or over land.

This Act shall be construed as one with the M1Education Act 1944; but where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that Act shall not apply for the purposes of that provision.

Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority”, the Secretary of State shall consult the bishop for the diocese.

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

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

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

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.”

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.

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).

Subject to sub-paragraph (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include the School Curriculum and Assessment Authority and the Curriculum Council for Wales.

The provision in sub-paragraph (1) above shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the words from “by virtue of” to the end there is substituted “ he would cease to be of compulsory school age ”.

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

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”.

in subsections (2) and (4) for “and 23” there is substituted “ 23, 23A and 23C ”, and

after subsection (6)(d) there is added—

“(e)

the Funding Agency for Schools and the Schools Funding Council for Wales.”.

Where under section 183(2)(b) of this Act a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

Where under section 96 of this Act the governing body of a grant-maintained school publish proposals for the school to cease to be an establishment which admits pupils of one sex only and Part II of this Act has effect with the modifications in section 101(2) to (7) of this Act in relation to the proposals, then—

Where under section 97 of this Act the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—

and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.

Where proposals made by the Secretary of State under section 234 of this Act—

the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.

Where—

paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.

In this paragraph—

• “responsible body” has the same meaning as in section 22 of the 1975 Act,

• “the 1975 Act” means the Sex Discrimination Act 1975, and

• “transitional exemption order” has the same meaning as in section 27 of the 1975 Act,

and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).

in subsections (2) and (4) for “and 18” there is substituted “ 18, 18A and 18C ”, and

after subsection (6)(d) there is added—

“(e)

the Funding Agency for Schools and the Schools Funding Council for Wales.”.

in subsection (1)(a) after “1981” there is inserted “ or 168 of the Education Act 1993 ”,

in subsection (8)—

in subsection (9) for “the Education Act 1981” there is substituted “ Part III of the Education Act 1993 ”.

subsection (2)(b) is omitted,

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 297 of the Education Act 1993 (power of Secretary of State to direct appointment of members of committees).”,

subsection (6) is omitted, and

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 ”.

in sub-paragraph (1)—

in sub-paragraph (2) in paragraph (a) of the definition of “ordinary committee”, “education committee or” is omitted.