Education Act 1996

Establishment etc. of schools E+W

16 Power to establish, maintain and assist primary and secondary schools. E+W

(1) For the purpose of fulfilling their functions under this Act, a [F1 local authority] may—

(a) establish primary schools and secondary schools;

(b) maintain primary and secondary schools, whether established by them or not; and

(c) assist any primary or secondary school which is not maintained by them.

(2) A [F1 local authority] may under subsection (1) establish, maintain and assist schools outside as well as inside their area.

(3) A [F1 local authority] may not under subsection (1) establish a school to provide—

(a) part-time education suitable to the requirements of persons of any age over compulsory school age; or

(b) full-time education suitable to the requirements of persons who have attained the age of 19.

[F2 (3A) A [F1 local authority] in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.]

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F2 S. 16(3A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 126(1), 269(4); S.I. 2009/3317, art. 2, Sch.

17 Powers in respect of [F3 nursery schools] . E+W

(1) A [F1 local authority] may—

(a) establish nursery schools;

(b) maintain nursery schools established by them or by an authority which was a [F1 local authority] within the meaning of any enactment repealed by the M1 Education Act 1944 or an earlier Act; and

(c) assist any nursery school not so established.

(2) Section 14(4) does not affect a [F1 local authority]’s power under section 16(1) to establish, maintain and assist schools at which education is provided both for children under [F4 compulsory school age] and for older pupils (including schools at which there are nursery classes for children under [F4 compulsory school age]).

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F3 Words in s. 17 heading substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 20; S.I. 2008/2261, art. 2 (with Sch. 1)

F4 Words in s. 17(2) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para.13; S.I. 1998/386, art. 2, Sch. 1 Pt.III

Modifications etc. (not altering text)

C1 S. 17 functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 3

C2 S. 17 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 paras. 1, 3

C3 S. 17 functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)

Marginal Citations

M1 1944 c. 31.