Further and Higher Education Act 1992

Adjustment of local education authority sector

10 Functions of local education authorities in respect of secondary education

(1) In section 8 of the [1944 c. 31.] Education Act 1944 (duties of local education authorities) for subsection (1)(b) (secondary education) there is substituted—

“(b) for providing full-time education suitable to the requirements of pupils of compulsory school age, being either senior pupils or junior pupils who have attained the age of ten years and six months and whom it is expedient to educate together with senior pupils of compulsory school age.”

(2) After subsection (1) of that section there is inserted—

“(1A) A local education authority shall have power to secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, including provision for persons from other areas.”

(3) In subsection (2) of that section (subsidiary obligations) for “fulfilling their duties” there is substituted “exercising their functions”.

11 Functions of local education authorities in respect of further education

For section 41 of the [1944 c. 31.] Education Act 1944 (functions of local education authorities in respect of further education) there is substituted—

“41 Functions of local education authorities in respect of further education

(1) It shall be the duty of every local education authority to secure the provision for their area of adequate facilities for further education.

(2) Subsection (1) above does not apply to education to which section 2(1) or 3(1) of the Further and Higher Education Act 1992 applies, but in respect of education to which section 3(1) of that Act applies a local education authority may—

(a) secure the provision for their area of such facilities as appear to them to be appropriate for meeting the needs of the population of their area; and

(b) do anything which appears to them to be necessary or expedient for the purposes of or in connection with such provision.

(3) Subject to subsection (4) below and section 14(1) to (4) of the Further and Higher Education Act 1992, in this Act “further education” means—

(a) full-time and part-time education suitable to the requirements of persons over compulsory school age (including vocational, social, physical and recreational training); and

(b) organized leisure-time occupation provided in connection with the provision of such education.

(4) In this Act “further education” does not include higher education or secondary education.

(5) In subsection (3)(b) above “organized leisure time occupation” means leisure-time occupation, in such organized cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

(6) A local education authority may secure the provision of further education for persons from other areas.

(7) In exercising their functions under this section a local education authority shall have regard to any educational facilities provided by institutions within the higher education sector or the further education sector, and other bodies, which are provided for, or available for use by persons in, their area.

(8) In exercising their functions under this section a local education authority shall also have regard to the requirements of persons over compulsory school age who have learning difficulties.

(9) Subject to subsection (10) below, for the purposes of subsection (8) above a person has a “learning difficulty” if—

(a) he has a significantly greater difficulty in learning than the majority of persons of his age; or

(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided in pursuance of the duty under subsection (1) above for persons of his age.

(10) A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

(11) A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.”