Education Act 1944 (repealed 1.11.1996)

[F1 41 Functions of local education authorities with respect to further education. E+W

(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) Subject to the following provisions of this section, in this Act “further education” means—

(a) full–time and part–time education for 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.

(3) In this Act “further education” does not include higher education.

(4) Full-time education suitable to the requirements of senior pupils over compulsory school age shall not be regarded for the purposes of this Act as further education if it is or is to be provided by an institution which does not provide part-time senior education or post-school age education to a significant extent.

(5) In this Act—

(a) “part–time senior education” means part–time education for senior pupils over compulsory school age; and

(b) “post–school age education” means full–time or part–time education for persons of or over nineteen years of age.

(6) The duty of a local education authority under subsection (1) above extends, in the case of further education of a vocational kind, to the provision of facilities for continuing education for persons already in employment or already engaged in a vocation as well as to the provision of facilities for education with a view to entry into any employment or vocation.

(7) In subsection (2)(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.

(8) A local education authority shall have power to secure the provision of further education for persons living outside their area.

(9) In fulfilling their duty under subsection (1) above a local education authority shall have regard to any educational facilities provided by universities, institutions within the PCFC funding sector and other bodies which are provided for, or available for use by persons living in, their area.

(10) In fulfilling that duty a local education authority shall also have regard to the requirements of persons over compulsory school age who have learning difficulties.

(11) Subject to subsection (12) below, for the purposes of subsection (10) 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 by the local education authority concerned in pursuance of their duty under subsection (1) above for persons of his age.

(12) 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.

(13) A local education authority shall have power to 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.]

Textual Amendments

F1 S. 41 substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 120(2), 231(7), 235(6), 236(2)

Modifications etc. (not altering text)

C1 S. 41 restricted by National Service Act 1948 (c. 64), s. 28 and explaained retrospectively by Industrial Training Act 1964 (c. 16), s. 16