The Education Reform Act 1988 (Commencement No. 8 and Amendment) Order 1990
S.I. 1990/391 · Made 28 February 1990
EDUCATION, ENGLAND AND WALES
Made 28th February 1990
In exercise of the powers conferred by section 236(6) and (7) of the Education Reform Act 1988f1 the Secretary of State for Education and Science hereby makes the following Order:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation
- 2Amendment of the Education Reform Act 1988 (Commencement No. 4) Order 1988
- 3Coming into force of certain provisions of the Education Reform Act 1988
- Schedule 1PROVISIONS COMING INTO FORCE ON 31ST MARCH 1990
- TO SCHEDULE 1Appendix TO SCHEDULE 1
- Schedule 2PROVISIONS COMING INTO FORCE ON 1ST APRIL 1992
- Explanatory note
1Citation
This Order may be cited as the Education Reform Act 1988 (Commencement No. 8 and Amendment) Order 1990.
2Amendment of the Education Reform Act 1988 (Commencement No. 4) Order 1988
The Education Reform Act 1988 (Commencement No. 4) Order 1988f1 shall be amended as follows—
in article 1(2) the word “and” following the definition of “the Act” shall be omitted and there shall be inserted after that definition the following definition—
““ILEA institution” means an institution providing full-time education which is maintained by the Inner London Education Authority on the date this Order is made in exercise of their further or higher education functions; and”;
in Schedule 5 there shall be substituted for the words “Section 152 (to the extent not already in force)” the words “Section 152(1) to (9) (except in relation to an ILEA institution)”.
3Coming into force of certain provisions of the Education Reform Act 1988
The provisions of the Education Reform Act 1988 specified in column 1 of Schedules 1 and 2 to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said column 1, come into force on the date specified in relation to each Schedule in the following table—
| Schedule 1 | 31st March 1990 |
| Schedule 2 | 1st April 1992. |
Schedule 1PROVISIONS COMING INTO FORCE ON 31ST MARCH 1990
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Section 24 | Power to extend sections 5 and 10(2)(b) (courses leading to external qualifications) to further education |
| Section 209 | Grants in respect of mandatory awards |
| Paragraph 106 of Schedule 12 and section 237(1) so far as it relates thereto | New schools: power to determine times of school sessions, etc. |
| Section 237(2) and Schedule 13, so far as they relate to the repeals set out in the Appendix to this Schedule | Repeals |
TO SCHEDULE 1
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1974 c. 7 | The Local Government Act 1974 | Section 8(2) and (3) |
Schedule 2PROVISIONS COMING INTO FORCE ON 1ST APRIL 1992
| Provisions of the Act | Subject matter of the provisions |
|---|---|
| Section 152 (in so far as it is not already in force) | Provision required in instrument and articles of government of maintained further and higher education institutions |
Explanatory note
(This note is not part of the Order)
This Order brings into force on 31st March 1990 three of the remaining provisions of the Education Reform Act 1988 not yet in force.
The first is section 24, which enables the Secretary of State to make an order directing that the provisions of sections 5 and 10(2)(b) of the 1988 Act (relating to courses leading to external qualifications) shall apply in relation to pupils up to and including the age of 18 and to specified institutions of further education.
The second is section 209, together with the consequential repeal of section 8(2) and (3) of the Local Government Act 1974 which that section replaces. Section 209 requires the Secretary of State to reimburse local education authorities for the whole of their expenditure on mandatory awards under section 1(1) of the Education Act 1962 (c. 12) for persons attending first degree courses and comparable courses. Under the 1974 Act reimbursement was limited to 90 per cent. of the amount disbursed.
The third is paragraph 106 of Schedule 12 which substitutes a new paragraph 16 for paragraph 16 of Schedule 2 to the Education (No. 2) Act 1986 (c. 61). That paragraph makes provision for new schools corresponding to that in section 115 of the 1988 Act, relating to the determination of the dates of school terms and holidays and the times of school sessions.
The Order also amends Schedule 5 to the Education Reform Act 1988 (Commencement No. 4) Order 1988 and provides for subsections (1) to (9) of section 152 of the 1988 Act to come into force, in so far as they relate to institutions of further and higher education which were maintained by the Inner London Education Authority on 22nd December 1988, on 1st April 1992 instead of 1st April 1990.