Education (Handicapped Children) Act 1970
This Act discontinued the classification of handicapped children as unsuitable for education at school, and transferred responsibility for the education of severely handicapped children from health authorities to local education authorities.
The text of the Education (Handicapped Children) Act 1970 was prepared by Derek Gillard and uploaded on 21 December 2020.
Education (Handicapped Children) Act 1970
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An Act to make provision, as respects England and Wales, for discontinuing the classification of handicapped children as unsuitable for education at school, and for purposes connected therewith. [23rd July 1970]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
1 Mentally handicapped children
(1) As from such day ("the appointed day") as the Secretary of State may appoint by order made by statutory instrument -
(a) no further use shall be made of the powers conferred by section 57 of the Education Act 1944 (c. 31) (that is to say the section having effect as section 57 by virtue of the Mental Health Act 1959 (c. 72)) for classifying children suffering from a disability of mind as children unsuitable for education at school; andand, where immediately before the appointed day a decision under section 57 of the Education Act 1944 was in force with respect to a child, section 34(4) to (6) of that Act shall apply as if the decision had been made, and the examination in consequence of which it was made had been carried out, under section 34.
(2) The Secretary of State shall by order make such provision as appears to him to be necessary or expedient in consequence of subsection (1) above -
(a) for the transfer to the employment of local education authorities of persons employed by local health authorities (not being also local education authorities) or by regional hospital boards; and(3) The provision to be made under subsection (2)(b) above shall include provision -
(a) for the payment by a Secretary of State, local health authority or local education authority, subject to such exceptions or conditions as may be prescribed by the order, of compensation to or in respect of any such persons as are referred to in subsection (2)(b) who suffer loss of employment or loss or diminution of emoluments which is attributable to the provisions of this section; andA written statement given in accordance with section 4 of the Contracts of Employment Act 1963 (c. 49) shall not be regarded
as a statement of new terms and conditions of employment for the purposes of paragraph (b) above unless the statement indicates that it is to be.
(4) An order under subsection (2) above may include provision -
(a) for the determination of questions arising under any such order and as to the manner in which and persons to whom claims for compensation are to be made;and the provision made under subsection (2)(b) shall have effect notwithstanding, and may amend or repeal, any provision made by or under any enactment and relating to the remuneration of teachers or to superannuation.
(5) Any order under subsection (2) above may be varied or revoked by a subsequent order of the Secretary of State, and the power of the Secretary of State to make orders under that subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) There shall be defrayed out of moneys provided by Parliament -
(a) any expenses incurred by a Secretary of State in the payment of compensation under any provision made in accordance with subsection (3)(a) above; and2 Citation, repeal and extent
(1) This Act may be cited as the Education (Handicapped Children) Act 1970, and shall be included among the Acts which may be cited as the Education Acts 1944 to 1970.
(2) As from the appointed day, the enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(3) Nothing in this Act extends to Scotland or to Northern Ireland.