Education Act 1996

[F1 15 (1) Regulations may make provision— E+W

(a) for requiring any local education authority who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b) for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2) Regulations under this paragraph may in particular make provision—

(a) for enabling a local education authority to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b) for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(c) as to the composition of a management committee established under the regulations and—

(i) the appointment and removal of its members, and

(ii) their terms of office,

and in particular for requiring such a committee to include persons representing schools F2 . . . situated in the area from which the unit or units in question may be expected to draw pupils;

[F3 (d) for requiring or (as the case may be) prohibiting the delegation by—

(i) a local education authority; or

(ii) in the case of a local education authority which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,

to a management committee of such functions in connection with pupil referral units as are specified in the regulations.]]

(e) for authorising a management committee to establish sub-committees;

(f) for enabling (subject to any provisions of the regulations) a local education authority [F4 , and in the case of a local education authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive,] or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g) for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

(h) for applying to any such committee or sub-committee, with or without modification—

(i) any provision of the Education Acts, or

(ii) any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.

[F5 (3) In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.]

Textual Amendments

F1 Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s. 48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt. V

F2 Words in Sch. 1 para. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 184(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3 Sch. 1 para. 15(2)(d) substituted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(i) and S.I. 2002/808, art. 31(a)(i)

F4 Words in Sch. 1 para. 15(2)(f) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(ii) and S.I. 2002/808, art. 31(a)(ii)

F5 Sch. 1 para. 15(3) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(b) and S.I. 2002/808, art. 31(b)