Legge 1993, n.35

Regno Unito: Education Act, 1993 (c. 35).

(omissis)

Religious education

Procedure for preparing agreed syllabus of religious education.
15.—(1) This section has effect in respect of the area of a local education authority if
an order under section 12(1)(b) of this Act applies to the area.
(2) Within six months of the date of the first such order the local education authority
shall reconvene any conference—
(a) which they have convened for the purpose set out in paragraph 1 or 12 of the Fifth
Schedule to the [1944 c. 31.] Education Act 1944 (procedure for preparing and bringing
into operation an agreed syllabus of religious education) or section 11(8) of the [1988
c. 40.] Education Reform Act 1988 (standing advisory councils on religious education),
and
(b) to which subsection (3) below applies.
(3) This subsection applies to any conference—
(a) which has not made a recommendation under paragraph 9 or 13(2) of that
Schedule, and
(b) in respect of which the authority have not made a report under paragraph 10 or
13(4) of that Schedule.
(4) Where a conference is convened (or reconvened) after the date of the order—
(a) paragraph 2 of that Schedule shall have effect as if it required the appointment of a
committee, in addition to those listed in sub-paragraphs (a) to (d) of that paragraph,
consisting of persons representing relevant grant-maintained schools, and
(b) section 146 of this Act shall have effect only in relation to grant-maintained schools,
or pupils at such schools, at which the syllabus is in use in accordance with section
140(3) of this Act.
(5) Before appointing a person to represent relevant grant-maintained schools in
accordance with subsection (4)(a) above, the local education authority shall take all
reasonable steps to assure themselves that he is acceptable as such to the governing
bodies of the majority of such schools; but no proceedings under that Schedule shall
be invalidated on the ground that the person was not so acceptable unless it is shown
that the local education authority failed to take such steps.
(6) A person so appointed may resign his membership of the committee or may, if in
the opinion of the local education authority he ceases to be acceptable as a
representative of relevant grant-maintained schools to the governing bodies of the
majority of such schools, be withdrawn from the committee by the authority; and where
a person resigns or is withdrawn from the committee the authority shall appoint
someone in his place in the same manner as that in which they made the original
appointment.
(7) For the purposes of this section, “relevant grant-maintained schools” means those
grant-maintained schools within the area of the local education authority to which
section 138 or 139 of this Act applies.

Standing advisory councils on religious education.
16.—(1) This section has effect in respect of the area of a local education authority if
an order under section 12(1)(b) of this Act applies to the area.
(2) Within six months of the date of the first such order the local education authority
shall constitute a new council under section 11 of the [1988 c. 40.] Education Reform
Act 1988 (standing advisory councils on religious education).
(3) For the purposes of the constitution required by subsection (2) above (and of any
subsequent constitution) that section shall have effect as if—
(a) subsection (3)(b) were omitted,
(b) subsection (4) required the appointment of a representative group, in addition to
those listed in paragraphs (a) to (d) of that subsection, comprising persons
representing relevant grant-maintained schools, and
(c) in subsection (7)—
(i) for “that” there were substituted “those”, and
(ii) after “to represent the authority” there were inserted “or relevant grant-maintained
schools”.
(4) For the purposes of subsection (3) above, “relevant grant-maintained schools”
means those grant-maintained schools within the area of the local education authority
to which section 138 or 139 of this Act applies.
(5) Before appointing a person to represent relevant grant-maintained schools in
accordance with subsection (3) above the local education authority shall take all
reasonable steps to assure themselves that he is acceptable as such to the governing
bodies of the majority of such schools; but the validity of proceedings shall not be
affected because the person was not so acceptable unless it is shown that the local
education authority failed to take such steps.
(6) A person appointed to represent relevant grant-maintained schools in accordance
with subsection (3) above may be removed from membership of the council if in the
opinion of the local education authority he ceases to be acceptable as such to the
governing bodies of the majority of such schools.

Other functions

Miscellaneous functions relating to grant-maintained schools.
17.—(1) The Secretary of State may by order provide for any of his functions under the
provisions of this Act mentioned in subsection (2) below to be exercisable instead,
either generally or in such circumstances as may be specified in the order, by a funding
authority.
(2) Those provisions are—
(a) sections 57 and 58 (alterations to instruments and articles of government),
(b) section 70 (making and varying joint schemes),
(c) section 136 (variation of trust deeds),
(d) paragraph 5 of Schedule 4 (transitional powers of governing bodies), and
(e) paragraph 14 of Schedule 5 (approval of schemes for payment of allowances to
governors).
(3) An order under this section may—
(a) confer or impose such related functions on the funding authority, and
(b) provide for Part II of this Act to have effect with such modifications,
as the Secretary of State considers necessary or desirable in connection with any
transfer of any functions under the provisions of this Act mentioned in subsection (2)
above.

Functions under agreements relating to CTCs and CCTAs.
18.—(1) The Secretary of State may by order provide—
(a) for the funding authority to exercise the function of making and receiving payments
under all or any of the agreements which he has entered into or may enter into under
section 105 of the [1988 c. 40.] Education Reform Act 1988 (city technology colleges
and city colleges for the technology of the arts), and
(b) for any such agreement to have effect accordingly.
(2) Any sums received by a funding authority in the exercise of those functions shall be
paid to the Secretary of State.

Functions in respect of grants for certain expenditure due to immigrant population.
19.—(1) The Secretary of State may by order impose on a funding authority the
function of paying on his behalf grant under section 11 of the [1966 c. 42.] Local
Government Act 1966 (grants in respect of special provision for immigrants) payable by
him by virtue of section 211(1)(a) or (b) of the Education Reform Act 1988 (grantmaintained
schools, CTCs and CCTAs).
(2) The payments shall be of such amounts and be paid to such persons as the
Secretary of State may, in accordance with section 11 of the Local Government Act
1966, determine.

Supplementary

Resolution of disputes.
20. Any dispute as to whether any functions are exercisable by a funding authority or a
local education authority shall be determined by the Secretary of State.

Duty to compile information and conduct research about provision of education.
21.—(1) Each funding authority shall—
(a) compile such information, and
(b) make such provision for conducting, or assisting the conduct of, research,
as may be required for the purpose of providing the Secretary of State and local
education authorities, in such form and at such times as may be prescribed, with such
information relating to the provision of education in any area to which an order under
section 12 of this Act applies as may be prescribed.
(2) Each local education authority shall—
(a) compile such information, and
(b) make such provision for conducting, or assisting the conduct of, research,
as may be required for the purpose of providing the Secretary of State and the funding
authority, in such form and at such times as may be prescribed, with such information
relating to the provision of primary or secondary education in the area of the local
education authority as may be prescribed.
(3) The Secretary of State shall exercise his powers under this section so as to secure,
in particular, the provision of information relating to the provision of education for
children with special educational needs.