14 Functions in respect of provision of primary and secondary schools.E+W
(1)A [F1local authority] shall secure that sufficient schools for providing—
(a)primary education, and
(b)education that is secondary education by virtue of section 2(2)(a),
are available for their area.
(2)The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.
(3)In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—
(a)the pupils’ different ages, abilities and aptitudes, and
(b)the different periods for which they may be expected to remain at school,
including practical instruction and training appropriate to their different needs.
[F2(3A)A [F1local authority] in England shall exercise their functions under this section with a view to—
(a)securing diversity in the provision of schools, and
(b)increasing opportunities for parental choice.]
(4)A [F1local authority] is not by virtue of subsection (1)(a) under any duty in respect of children under [F3compulsory school age].
[F4(4A)A [F1local authority] for an area in Wales may secure that regional schools for providing—
(a)primary education, and
(b)education that is secondary education by virtue of section 2(2)(a),
are available for Wales or any part of Wales that includes the area of the authority.
(4B)For this purpose a “regional school”, in relation to a [F1local authority], is a school maintained by that authority which provides education to meet both—
(a)the needs of pupils with particular special educational needs in their area, and
(b)the needs of such pupils in the rest, or any other part, of Wales,
whether or not the institution also provides education suitable to the requirements of other pupils.]
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In exercising their functions under this section, a [F1local authority] shall in particular have regard to—
(a)the need for securing that primary and secondary education are provided in separate schools;
(b)the need for securing that special educational provision is made for pupils who have special educational needs; and
(c)the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.
(7)The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.
Textual Amendments
F1Words 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))
F2S. 14(3A) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 2, 188(3); S.I. 2007/935, art. 7(a)
F3Words in s. 14(4) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 12; S.I. 1998/386, art. 2, Sch. 1 Pt. III
F4S. 14(4A)(4B) inserted (19.12.2002) by Education Act 2002 (c. 32), ss. 194(1), 216(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1
F5S. 14(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 62, Sch.31 (with 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)
Modifications etc. (not altering text)
C1S. 14: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90) (which affecting provision expires (25.9.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))
C2S. 14: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90) (which affecting provision expires (9.12.2021) by virtue of The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 5)