SCHEDULES

I42 SCHEDULE 8 Minor and Consequential Amendments

Section 93

Annotations:
Commencement Information
I42

Sch. 8 wholly in force: 6.5.1992, 1.9.1992, 30.9.1992, 1.4.1993, 1.8.1993 appointed by s. 94(3), S.I. 1992/831, art. 2, Schs. and S.I. 1992/2377, art. 3

Part I Amendments of the Education Acts

The Education Act 1944 (c. 31)

F11

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F22

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F33

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F44

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F55

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F66

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F77

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F88

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F99

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F1010

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F1111

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F1212

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F1313

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The Education Act 1946 (c. 50)

F1414

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The Education (Miscellaneous Provisions) Act 1948 (c. 40)

F1515

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F1616

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The Education Act 1980 (c. 20)

F1717

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The Education Act 1981 (c. 60)

F1818

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The Education (Fees and Awards) Act 1983 (c. 40)

I119

In section 1(3) of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments)—

a

for paragraph (b) there is substituted—

“ (b) any institution within the higher education sector ”, and

b

after paragraph (c) there is inserted—

“ (ca) any institution within the further education sector ”.

Annotations:
Commencement Information
I1

Sch. 8, para. 19 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The Further Education Act 1985 (c. 47)

I220

At the end of section 1 of the Further Education Act 1985 (supply of goods and services through further education establishments) there is added—

4

In this Act “institution” does not include a school.

Annotations:
Commencement Information
I2

Sch. 8, para. 20 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I321

1

In section 2(2) of that Act (power of LEAs to lend money for those purposes) for paragraphs (a) to (d) there is substituted—

(a) to a higher education corporation or further education corporation (within the meaning of the Further and Higher Education Act 1992);

b

in the case of the following institutions—

i

an institution within the higher education sector which is not conducted by a higher education corporation;

ii

an institution within the further education sector which is not conducted by a further education corporation; or

iii

an institution which provides higher education or further education and is assisted by a F43local authority ,

to the governing body of the institution or, if it is conducted by a company, to the company; or

c

to a body corporate in which such a corporation or company as is mentioned in paragraph (a) or (b) above has a holding such as is mentioned in subsection (8) below

2

In subsection (8) of that section for “(2)(d)” there is substituted “ (2)(c) ”.

The Education (No. 2) Act 1986 (c. 61)

I422

In section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities, etc.)—

a

in subsection (5)—

i

for paragraph (aa) there is substituted-

  • “ (aa) any institution other than a university within the higher education sector ”,

    1. ii

      after paragraph (b) there is inserted—

  • “ (ba) any institution within the further education sector ”, and

    1. iii

      paragraph (c) is omitted, and

b

in subsection (7) paragraph (b) and “or authorities maintaining or (as the case may be) assisting the establishment” are omitted.

Annotations:
Commencement Information
I4

Sch. 8, para. 22 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I523

In section 49(3) of that Act (appraisal of performance of teachers)—

a

paragraphs (d) and (da) are omitted,

b

after paragraph (da) there is inserted-

“ (db) at any institution within the further education sector ”, and

c

in paragraph (e) for “(da)” there is substituted “ (db) ”.

Annotations:
Commencement Information
I5

Sch. 8, para. 23 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

F1924

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F2025

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F2126

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The Education Reform Act 1988 (c. 40)

I627

The Education Reform Act 1988 is amended as follows.

Annotations:
Commencement Information
I6

Sch. 8 para. 27 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

F2228

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F2329

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I730

In section 120 (functions of F43local authorities with respect to higher and further education)—

a

subsection (2) is omitted,

b

in subsection (3)(b) for “living outside their area” there is substituted “ from other areas ”,

c

in subsection (4)—

i

for “universities, institutions within the PCFC funding sector” there is substituted “ institutions within the higher education sector ”, and

ii

after “sector” there is inserted “ or the further education sector ”, and

d

subsections (6), (7), (8), (9)(a)(ii) and (9)(b) are omitted.

Annotations:
Commencement Information
I7

Sch. 8, para. 30 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I831

In section 122 (orders incorporating higher education institutions maintained by F43local authorities) subsections (2) to (5) are omitted.

Annotations:
Commencement Information
I8

Sch. 8, para. 31 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, sch. 1

I932

In section 123 (provisions supplementary to sections 121 and 122)—

a

at the end of subsection (1) there is added “ or which has become a higher education corporation by virtue of section 122A of this Act ”, and

b

for subsection (3) there is substituted—

3

Schedule 7 to this Act has effect with respect to each higher education corporation established before the appointed day (within the meaning of section 124A of this Act) unless an instrument of government for the corporation made under that section has effect.

4

A higher education corporation established under section 122 of this Act on or after that day for the purpose of conducting any institution shall be established initially under the name given in the order under that section establishing the corporation.

Annotations:
Commencement Information
I9

Sch. 8, para. 32 wholly in force: Sch. 8, para. 32(b) in force at 6.5.1992; Sch. 8, para. 32(a) in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3

I1033

In section 124 (powers of a higher education corporation)—

a

in subsection (2)(b) for “disabled students” there is substituted “ students having learning difficulties within the meaning of section 41(9) of the Education Act 1944 ”, and

b

subsection (4) is omitted.

Annotations:
Commencement Information
I10

Sch. 8, para. 33 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I1134

In section 128 (dissolution of higher education corporations)—

a

in subsection (1)(b)—

i

for sub-paragraphs (iii) and (iv) there is substituted—

iii

a higher education funding council

ii

after those sub-paragraphs there is inserted—

v

a further education funding council

b

for subsection (4)(b) there is substituted—

“ (b) the higher education funding council ”, and

c

after subsection (5) there is added—

6

An order under this section may apply section 127 of this Act with such modifications as the Secretary of State may consider necessary or desirable.

Annotations:
Commencement Information
I11

Sch. 8, para. 34 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

I1235

Sections 131, 132 and 134 (Universities Funding Council and Polytechnics and Colleges Funding Council) are omitted.

Annotations:
Commencement Information
I12

Sch. 8, para. 35 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I1336

In section 135 (inspection of accounts)—

a

for subsection (1)(c) there is substituted—

“ (c) any designated institution within the meaning of section 129A of this Act ”, and

b

in subsection (2) for the words from “grants” to the end there is substituted “ financial support has been given to them under section 65 of the Further and Higher Education Act 1992. ”

Annotations:
Commencement Information
I13

Sch. 8, para. 36 wholly in force: Sch. 8, para. 36(a) in force at 6.5.1992; Sch. 8, para. 36(b) in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3

F4037

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I1438

In section 137(2) (control of disposals of land) “or 129(3)” is omitted.

Annotations:
Commencement Information
I14

Sch. 8, para. 38 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

I1539

In section 157 (construction of instruments providing for institution ceasing to be maintained or assisted by F43local authority)—

a

in subsection (4)—

i

the words “or assisted” in both places are omitted,

ii

after “becomes” there is inserted “ an institution within the further education sector ”, and

iii

for “the PCFC funding sector” there is substituted “ the higher education sector ”,

b

subsection (5)(b) is omitted, and

c

in subsection (6)—

i

at the beginning of paragraph (b) there is inserted “ an institution within the further education sector or ”, and

ii

in that paragraph for “the PCFC funding sector” there is substituted “ the higher education sector ”.

Annotations:
Commencement Information
I15

Sch. 8, para. 39 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I1640

In section 158(2) (reports and returns) paragraphs (a)(i) and (iii) and (b) are omitted.

Annotations:
Commencement Information
I16

Sch. 8, para. 40 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I1741

Section 159(2)(b) (information with respect to educational provision in institutions providing further or higher education - designated assisted institutions) is omitted.

Annotations:
Commencement Information
I17

Sch. 8, para. 41 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I1842

In section 161 (interpretation of Part II) subsection (1)(c) is omitted.

Annotations:
Commencement Information
I18

Sch. 8, para. 42 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I1943

In section 197 (Education Assets Board)—

a

in subsection (4) after “this Act” there is inserted “ and section 36 of and Schedule 5 to the Further and Higher Education Act 1992 ”,

F24b

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c

after subsection (7) there is inserted—

7A

A F43local authority shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purposes of the exercise of any of their functions under the Further and Higher Education Act 1992 or under section 126 or 130 of this Act.

7B

The governing body of any institution within the further education sector or the higher education sector shall give the Board, within such reasonable time as the Board may specify, such information as the Board may require for the purpose of the exercise of any of their functions under the Education Acts 1944 to 1992.

I2044

In section 198(5) (transfers under Parts I and II) for “the Polytechnics and Colleges Funding Council” there is substituted “ the higher education funding council ”.

Annotations:
Commencement Information
I20

Sch. 8, para. 44 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I2145

In section 205 (procedure for exercise of University Commissioners’ powers)—

a

for subsection (2)(d) there is substituted—

“ (d) the higher education funding council ”, and

b

subsection (6) is omitted.

Annotations:
Commencement Information
I21

Sch. 8, para. 45 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

F4146

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F4147

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I2248

In section 214(2)(a) (unrecognised degrees) after “Royal Charter or” there is inserted “ by or under ”.

Annotations:
Commencement Information
I22

Sch. 8, para. 48 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

F4249

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F2550

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F2651

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I2352

In section 221 (avoidance of certain contractual terms) subsection (1)(c) and, in subsection (3), the definition of “relevant institution” are omitted.

Annotations:
Commencement Information
I23

Sch. 8, para. 52 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

F2753

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F2854

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I2455

In section 230 (stamp duty)—

a

in subsection (1) “section 136(2)” is omitted, and

b

in subsection (3)—

i

for paragraph (b) there is substituted—

  • “ (b) an institution within the higher education sector ”,

    1. ii

      paragraph (c)(ii) is omitted, and

    2. iii

      after paragraph (c) there is inserted—

  • “ (ca) an institution within the further education sector ”.

Annotations:
Commencement Information
I24

Sch. 8, para. 55 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

F2956

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F3057

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I2558

In section 235 (general interpretation) subsection (2)(a) and (h) are omitted.

Annotations:
Commencement Information
I25

Sch. 8, para. 58 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I2659

In Schedule 7 (Higher Education Corporations)—

a

for paragraph 1(4) there is substituted—

4

A corporation may change their name with the consent of the Privy Council.

b

in paragraph 18—

i

in sub-paragraph (2)(b) for “the Polytechnics and Colleges Funding Council” there is substituted “ the higher education funding council ”, and

ii

for sub-paragraph (5) there is substituted—

5

No person shall be qualified to be appointed auditor under that sub-paragraph except—

a

an individual, or firm, eligible for appointment as a company auditor under section 25 of the Companies Act 1989;

b

a member of the Chartered Institute of Public Finance and Accountancy; or

c

a firm each of the members of which is a member of that institute.

c

paragraph 19 is omitted.

Annotations:
Commencement Information
I26

Sch. 8, para. 59 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

I2760

Schedule 8 (the funding councils and the assets board) shall cease to have effect so far as it relates to the Universities Funding Council and the Polytechnics and Colleges Funding Council.

Annotations:
Commencement Information
I27

Sch. 8, para. 60 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

F3161

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F3262

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F3363

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F3464

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I2865

In paragraph 4 of that Schedule at the beginning there is inserted—

1

Where a transfer by virtue of section 126 or 130 relates to registered land, it shall be the duty of the transferor to execute any such instrument under the Land Registration Acts 1925 to 1986, to deliver any such certificate under those Acts and to do such other things under those Acts as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.

2

Annotations:
Commencement Information
I28

Sch. 8, para. 65 wholly in force at 6.5.1992 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 1

I2966

In Schedule 12 (minor and consequential amendments) paragraphs 68, 69(2), 70, 100(2) and 101(4) are omitted.

Annotations:
Commencement Information
I29

Sch. 8, para. 66 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The Education (Student Loans) Act 1990 (c. 6)

I3067

In section 1(3)(a) of the Education (Student Loans) Act 1990 (loans for students)—

a

for “131 or 132 of the M1Education Reform Act 1988” there is substituted “ 65 of the Further and Higher Education Act 1992 ”, and

b

for the words from “institutions designated” to “local education authorities” there is substituted “ institutions receiving recurrent grants towards their costs from a further education funding council ”.

Part II Amendments of other Acts

The Public Records Act 1958 (c. 51)

I3168

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 is inserted in the appropriate place—

  • Further Education Funding Council for England.

  • Further Education Funding Council for Wales.

  • Higher Education Funding Council for England.

  • Higher Education Funding Council for Wales.

Annotations:
Commencement Information
I31

Sch. 8, para. 68 wholly in force at 6.5.1992 see s. 94(3) and S. I. 1992/831, art. 2, Sch. 1

The Charities Act 1960 (c. 58)

F3569

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The Veterinary Surgeons Act 1966 (c. 36)

I3270

In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of “recognised institution” after paragraph (a)(i) there is inserted—

iA

an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992

Annotations:
Commencement Information
I32

Sch. 8, para. 70 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The Local Authorities (Goods and Services) Act 1970 (c. 39)

I3371

1

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 any institution within the further education sector or the higher education sector.

2

The provisions of 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 or description of persons shall be a public body for the purposes of that Act).

3

An order under that section may accordingly vary or revoke the provisions of sub-paragraph (1) above as they apply to an institution within the further education sector or the higher education sector specified in the order.

Annotations:
Commencement Information
I33

Sch. 8, para. 71 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

I3472

In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to, and facilities at, university and school buildings)—

a

for paragraph (aa) there is substituted—

“ (aa) institutions within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and

b

after paragraph (b) there is inserted—

“ (ba) institutions within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.

Annotations:
Commencement Information
I34

Sch. 8, para. 72 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The Superannuation Act 1972 (c. 11)

I3573

In Schedule 1 to the Superannuation Act 1972 the entries relating to the Universities Funding Council and the Polytechnics and Colleges Funding Council are omitted.

Annotations:
Commencement Information
I35

Sch. 8, para. 73 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The House of Commons Disqualification Act 1975 (c. 24)

I3674

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 the entries relating to the Polytechnics and Colleges Funding Council and the Universities Funding Council are omitted.

Annotations:
Commencement Information
I36

Sch. 8, para. 74 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The Sex Discrimination Act 1975 (c. 65)

F4475

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F4476

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F4477

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F4478

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F4479

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F4480

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F4481

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F36F4482

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F4483

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The Race Relations Act 1976 (c. 74)

F4484

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F4485

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F4486

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87

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F37F4488

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The Employment Protection (Consolidation) Act 1978 (c. 44)

F3889

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The Public Passenger Vehicles Act 1981 (c. 14)

F3990

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

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

I3791

1

Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) is amended as follows.

2

for subsections (3) and (4) there is substituted—

3

In the following provisions of this section and in section 6 a person in respect of whom the appropriate officer has given his opinion that he is a disabled person is referred to as a “disabled student”.

3A

The responsible authority shall give to the appropriate officer written notification for the purposes of subsection (5) of the date on which any disabled student will cease to be of compulsory school age, and the notification shall state—

a

his name and address; and

b

whether or not he intends to remain in full-time education and, if he does, the name of the school or other institution at which the education will be received;

and shall be given not earlier than twelve months, nor later than eight months, before that date.

3B

Where, in the case of a disabled student over compulsory school age who is receiving relevant full-time education, that is—

a

full-time education at a school; or

b

full-time further or higher education at an institution other than a school;

it appears to the responsible authority that the student will cease to receive relevant full-time education on a date (“the leaving date”) on which he will be under the age of nineteen years and eight months, the responsible authority shall give written notification for the purposes of subsection (5) to the appropriate officer.

3C

That notification shall state—

a

his name and address; and

b

the leaving date;

and shall be given not earlier than twelve months, nor later than eight months, before the leaving date.

4

If at any time it appears to the responsible authority—

a

that a disabled student has ceased to receive relevant full-time education or will cease to do so on a date less than 8 months after that time, and

b

that no notification has been given under subsection (3B), but

c

that, had the responsible authority for the time being been aware of his intentions 8 months or more before that date, they would have been required to give notification under that subsection with respect to him,

that authority shall, as soon as is reasonably practicable, give written notification for the purposes of subsection (5) to the appropriate officer of his name and address and of the date on which he ceased to receive, or will cease to receive, that education.

3

In subsection (5)—

a

for “any person under subsection (3)” there is substituted “ a student under subsection (3A) that he does not intend to remain in full-time education or under subsection (3B) ”, and

b

for “notification under subsection (3)” there is substituted “ notification under subsection (3A) or (3B) ”.

4

In subsection (6)—

a

for “(3)” in both places there is substituted “ (3A) that he does not intend to remain in full-time education or under subsection (3B) ”, and

b

for the words from “a local education authority” to “establishment of further or higher education” there is substituted “ the responsible authority that the person will be receiving relevant full-time education ”.

5

In subsection (9) (interpretation)—

a

in the definition of “child” after “school or” there is inserted “ as a student at ”,

b

in the definition of “the responsible authority” for paragraph (b) there is substituted—

(b) in relation to a person receiving full-time further education or higher education at an institution within the further education sector or the higher education sector, means the governing body of the institution; and

c

in relation to a person for whom a further education funding council has secured full-time further education at an institution (other than a school) outside the further education sector or the higher education sector, the council

c

after “the Education Act 1944” there is inserted “ or the Further and Higher Education Act 1992 ”, and

d

for “that Act” there is substituted “ those Acts ”.

Annotations:
Commencement Information
I37

Sch. 8, para. 91 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

I3892

For section 6(1) of that Act (review of expected leaving dates from full-time education of disabled persons) there is substituted—

6

1

The responsible authority shall for the purposes of section 5 above keep under review the date when any disabled student is expected to cease to receive relevant full-time education.

Annotations:
Commencement Information
I38

Sch. 8, para. 92 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The Employment Act 1989 (c. 38)

I3993

In section 5(6) of the Employment Act 1989 (exemption for discrimination in connection with certain educational appointments)—

a

after paragraph (b) there is inserted—

“ (ba) any institution designated by order under section 28 of the Further and Higher Education Act 1992 ”, and

b

for paragraph (c) there is substituted—

“ (c) any institution designated by order made or having effect as if made under section 129 of the Education Reform Act 1988. ”

Annotations:
Commencement Information
I39

Sch. 8, para. 93 wholly in force: Sch.8, para. 93(b) in force at 6.5.1992; Sch. 8, para. 93(a) in force at 1.4.1993, see s. 94(3) and S.I. 1992/831, art. 2, Schs. 1, 3

The Town and Country Planning Act 1990 (c. 8)

I4094

In section 76(1) of the Town and Country Planning Act 1990 (duty to draw attention to certain provisions for benefit of disabled)—

a

in paragraph (d) for “the PCFC funding sector” there is substituted “ the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and

b

after paragraph (e) there is inserted—

“ (f) of a building intended for the purposes of an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.

Annotations:
Commencement Information
I40

Sch. 8, para. 94 wholly in force at 1.4.1993 see s. 94(3) and S.I. 1992/831, art. 2, Sch. 3

The Environmental Protection Act 1990 (c. 43)

I4195

In section 98(2) of the Environmental Protection Act 1990 (definitions)—

a

paragraph (a) is omitted,

b

for paragraph (d) there is substituted—

“ (d) any institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 ”, and

c

after paragraph (d) there is inserted—

“ (da) any institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992 ”.