Education Act 1980

• Citation: 1980 c. 20
• Sections: 66

Section 20 Industrial scholarships.

(1) The Secretary of State may award industrial scholarships or make payments to any other person in respect of the award of such scholarships by that person.

(2) In this section “ industrial scholarships ” means scholarships (however described) tenable by persons undertaking full-time courses of higher education provided by a university, college or other institution in the United Kingdom, being courses which appear to the Secretary of State or, as the case may be, the person awarding the scholarships to be relevant to a career in industry.

(3) In subsection (2) above the reference to a full-time course includes a reference to a course consisting of ernate periods of—

(a) full-time study in the university, college or institution in question; and

(b) associated industrial, professional or commercial experience;

and the reference in that subsection to a course provided by a university, college or institution in the United Kingdom includes a reference to a course provided by such a university, college or institution in conjunction with a university, college or other institution in another country.

Section 33 Discrimination by local education authorities.

(1)

(2) In section 23(2) of the said Act of 1975 and section 18(2) of the said Act of 1976 (discrimination by education authorities) for the words “the Education (Scotland) Acts 1939 to 1974” and “the Education (Scotland) Acts 1939 to 1975” respectively there shall be substituted the words “ the Education (Scotland) Acts 1939 to 1980 ” .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 36 Expenses.

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by the Secretary of State under this Act; and

(b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

Section 38 Citation, construction, repeals and extent.

(1) This Act may be cited as the Education Act 1980.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This Act shall, in its application to England and Wales, be construed as one with the Education Act 1996.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this Act section 20 and this section extend to Northern Ireland, but save as aforesaid this Act extends to England and Wales only.

Section 1

(1) In the provisions of the Education Act 1944 mentioned in sub-paragraph (2) below the words “managers or”, wherever they occur, shall be omitted.

(2) The provisions referred to above are sections 14(1), (3) and (4), 15(2), (3), (4) and (5), 16(3), 25(1) and (7), 31(3), 65, 67(1), 68, 80(1), 90(1), 95(2)(b), 99, 102, 105, 114(2)(a), paragraphs 1, 3, 5, 6 and 7 of Schedule 2, paragraphs 8, 9 and 10 of Schedule 3 and Schedule 4.

Section 2

(1) In subsection (1) of section 17 of that Act for the words from “managers or governors” onwards there shall be substituted the words “governors of the school in accordance with the provisions of this Act, and the instrument providing for the constitution of the body of governors is in this Act referred to as an instrument of government.”

(2) In subsection (2) of that section for the words “The instrument of management or the instrument of government, as the case may be,” there shall be substituted the words “The instrument of government”.

(3) In subsection (3)(a) of that section for the words “rules of management” there shall be substituted the words “articles of government”.

(4) In subsection (4) of that section the words “instrument of management, rules of management” shall be omitted.

(5) In subsection (5) of that section the words “management or” shall be omitted.

Section 3

In section 18 of that Act for the words “instrument of management” and “managers”, wherever they occur, there shall be substituted respectively the words “instrument of government” and “governors”.

Section 4

In subsections (1) and (3) of section 20 of that Act the words “managers or” shall be omitted and in subsection (6) of that section the words “managers or”, in both places, and “manager or” shall be omitted.

Section 5

In section 21 of that Act the words “manager or” and “managers or”, wherever they occur, shall be omitted.

Section 6

In section 22 of that Act the words “managers or” and “foundation managers or”, wherever they occur, shall be omitted.

Section 7

In section 23(1) and (3) of that Act the words “rules of management or” shall be omitted.

Section 8

In section 24(1) and (2) of that Act the words “rules of management or” and “managers or”, wherever they occur, shall be omitted.

Section 9

In sections 27 and 28 of that Act the words “managers or” and “foundation managers or”, wherever they occur, shall be omitted.

Section 11

In section 77(5) of that Act the words “managers or” and “foundation managers or” shall be omitted.

Section 12

In subsection (1) of section 103 of that Act the words “managers or”, in both places, shall be omitted and in subsection (3) of that section the word “managers” shall be omitted.

Section 13

In section 114(1) of that Act—

(a) in the definition of “Foundation managers” and “foundation governors” for the words from the beginning to “appointed” there shall be substituted the words “Foundation governors means, in relation to any voluntary school, governors appointed” and the words “managers or”, “foundation managers or” and “managers or” shall be omitted ;

(b) in the definition of “Trust deed” the words “instrument of management”, “rules of management” and “managers or” shall be omitted.

Section 14

In section 120(1)(c) of that Act the word “secondary”, in both places, shall be omitted.

Section 15

In sections 2(1)(b). (3), (4) and (6) and 6 of the Education Act 1946 the words “managers or”, wherever they occur, shall be omitted.

Section 16

In section 3(1) of that Act the words “managers and” shall be omitted.

Section 17

In section 4(1) of that Act the word “managers” shall be omitted.

Section 18

In section 7(2) of that Act the words “managers or” and “managers and” shall be omitted.

Section 19

In sections 4(3) and 10(3) of the Education (Miscellaneous Provisions) Act 1948 the words “managers or”, wherever they occur, shall be omitted.

Section 20

In paragraph 10 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 the words “managers or” shall be omitted.

Section 21

In section 8(1) and (3) of the Education (Miscellaneous Provisions) Act 1953 the words “managers or” shall be omitted.

Section 22

In section 1(4) of the Education Act 1959 the words “managers or” shall be omitted.

Section 23

In section 1(2) and (4) of the Education Act 1967 the words “managers or”, wherever they occur, shall be omitted.

Section 24

In section 3(4) of the Education Act 1968 the words “managers or”, in both places, shall be omitted.

Section 26

In section 1(2)(a) of the Education Act 1973 the word “managers” shall be omitted.

Section 27

In paragraph I of the Table in section 22 of the Sex Discrimination Act 1975 the words “managers or” shall be omitted.

Section 28

In paragraph I of the Table in section 17 of the Race Relations Act 1976 the words “managers or” shall be omitted.

Section 29

In paragraph 3 of Schedule I to the National Health Service Act 1977 the words “managers or” shall be omitted.

Section 31

In subsection (2) of section I of the Education Act 1979 the words “managers or” shall be omitted and in subsections (3) and (4) of that section the word “managers” shall be omitted.

Section 1

(1) An appeal pursuant to arrangements made by a local education authority under section 7(1) of this Act shall be to an appeal committee constituted in accordance with this paragraph.

(2) An appeal committee shall consist of—

(a) one person nominated by the authority from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the authority from among persons appointed by the authority under this paragraph.

(2A) The authority shall not nominate a person under sub-paragraph (2)(a) above if he could be appointed by them under sub-paragraph (3)(a) below or is employed by them.

(2B) Sufficient persons may be appointed by the authority to enable two or more committees to sit at the same time.

(3) The persons appointed by the authority shall comprise—

(a) members of the authority . . .; and

(b) persons who are not members of the authority . . . but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school;

but shall not include any person employed by the authority otherwise than as a teacher.

(4) The members of an appeal committee who are members of the authority . . . shall not outnumber the others . . .

(5) A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.

(6) A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(7) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

Section 2

(1) An appeal pursuant to arrangements made by the governors of an aided or special agreement school under section 7(2) of this Act shall be to an appeal committee constituted in accordance with this paragraph.

(2) An appeal committee shall consist of—

(a) one person nominated by the governors from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the governors from among persons appointed by them under this paragraph.

(2A) The governors shall not nominate under sub-paragraph (2)(a) above a person who falls within sub-paragraph (3)(a) or (b) below or is employed by the local education authority by which the school is maintained.

(2B) Sufficient persons may be appointed by the governors to enable two or more committees to sit at the same time.

(3) The persons appointed by the governors —

(a) may include one or more of the governors;

(b) shall include persons appointed from a list drawn up by the local education authority by whom the school is maintained; and

(c) shall not include any person employed by the authority otherwise than as a teacher.

(4) In an appeal committee—

(a) three members shall be nominated from among those mentioned in sub-paragraph (3)(b) above, in the case of a committee consisting of seven members;

(b) two members shall be so nominated, in the case of a committee consisting of five members; and

(c) one member shall be so nominated, in the case of a committee consisting of three members.

(5) None of the governors shall be chairman of an appeal committee.

(6) A person shall not be a member of an appeal committee for the consideration of any appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(7) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

Section 3

An appeal pursuant to joint arrangements made by virtue of section 7(3) of this act by the governors of two or more schools shall be to an appeal committee consituted as provided in paragraph 2 above, taking references to the governors as references to the governors of both or all the schools.

Section 4

An appeal committee constituted in accordance with paragraph 2 or 3 above shall be included in the bodies to which sections . . . 174 of the Local Government Act 1972 (allowances) apply.

Section 4A

(1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) above if—

(a) he is a person without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity), and

(b) he satisfies the conditions specified in sub-paragraph (2) below.

(2) Those conditions are—

(a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a) above, that he does not have, or has not at any time had, any connection with—

(i) the local education authority in question, or

(ii) any person who is a member of, or employed by, that authority,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and

(b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a) above, that he does not have, or has not at any time had, any connection with—

(i) the school in question, or

(ii) any person who is a member of, or employed by, the governing body of that school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

Section 5

An appeal shall be by notice in writing setting out the grounds on which it is made.

Section 6

An appeal committee shall afford the appellant an opportunity of appearing and making oral representations and may allow the appellant to be accompanied by a friend or to be represented.

Section 7

The matters to be taken into account by an appeal committee in considering an appeal shall include—

(a) any preference expressed by the appellant in respect of the child as mentioned in section 6 of this Act; and

(b) the arrangements for the admission of pupils published by the local education authority or the governors under section 8 of this Act.

Section 8

In the event of disagreement between the members of an appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and in the case of an equaility of votes the chairman of the committee shall have a second or casting vote.

Section 9

The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—

(a) the appellant and the local education authority; and

(b) in the case of an appeal to an appeal committee constituted in accordance with paragraph 2 or 3 above, to the governors by or on whose behalf the decision appealed against was made.

Section 10

Appeals pursuant to arrangements made under section 7 of this Act shall be heard in private except when otherwise directed by the authority or governors by whom the arrangements are made but, without prejudice to paragraph 6 above, a member of the local education authority may attend as an observer any hearing of an appeal by an appeal committee constituted in accordance with paragraph 1 above and a member of the Council on Tribunals may attend as an observer any meeting of any appeal committee at which an appeal is considered.

Section 11

Subject to paragraphs 5 to 10 above, all matters relating to the procedure on appeals pursuant to arrangements made under section 7 of this Act, including the time within which they are to be brought, shall be determined by the authority or governors by whom the arrangements are made; and neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with paragraph 1 above.

Section 1

In section 16(2) of the Education Act 1944 for the words “subsection (2) of section thirteen of this Act” there shall be substituted the words “section 13 of the Education Act 1980”.

Section 2

In section 17(6) of that Act for the words “section 13 of this Act” there shall be substituted the words “section 13 of the Education Act 1980”.

Section 3

In section 85 of that Act for subsections (2) and (3) there shall be substituted—

(2) Any intention on the part of a local education authority that a school for providing primary or secondary education (other than a nursery school or a special school) should be vested in the authority as trustees shall be treated for the purposes of subsection (1) of section 12 of the Education Act 1980 as an intention on the part of the authority to maintain the school as a county school ; and accordingly proposals for that purpose shall be published and submitted as required by that section, and the other provisions of that section and of sections 14 and 16 of that Act shall apply as in a case where a local education authority intend to maintain a school as a county school.

(3) Any school for providing primary or secondary education which in accordance with subsection (2) above is vested in a local education authority as trustees shall be a county school.

Section 5

In paragraph 5 of Schedule 3 to that Act for the words “subsection (7) of section thirteen of this Act” there shall be substituted the words “section 13(6) of the Education Act 1980”

Section 6

In section 1(1) of the Education Act 1946 for the words “section thirteen of the Education Act 1944” there shall be substituted the words “section 13 of the Education Act 1980”.

Section 7

In section 2(2) of that Act for the words “section thirteen of the principal Act” there shall be substituted the words “section 12 or 13 of the Education Act 1980”.