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 [F1local 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 [F1local authority] may under subsection (1) establish, maintain and assist schools outside as well as inside their area.
(3)A [F1local 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 [F1local 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
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. 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.