Part IE+W General

Chapter IIIE+W [F1local authorities]

General functionsE+W

13 General responsibility for education.E+W

(1)A [F2local authority] shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, [F3and secondary education] [F4and, in the case of a [F2local authority] in England, further education,] are available to meet the needs of the population of their area.

(2)The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—

[F5(a)the [F6the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009] F7...]

[F8(aa)the National Assembly for Wales under Part 2 of the Learning and Skills Act 2000, or]

[F9(b)the Higher Education Funding Council for Wales, or

(c)the Office for Students.]

[F10(3)The reference in subsection (1) to further education is to further education for persons—

(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over [F11and for whom an EHC plan is maintained].

F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).]

Textual Amendments

F3Words in s. 13(1) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F5S. 13(2)(a)(b) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)

F6Words in s. 13(2)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 43

F11Words in s. 13(3)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F12S. 13(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

F13S. 13(5) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Modifications etc. (not altering text)

C1S. 13 modified (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), {ss. 36(1)(10}, 162 (with s. 159)