Education Act 1996

34 Meaning of “maintain” etc

(1) In this Act—

(a) in relation to a school maintained (or proposed to be maintained) by a local education authority, “the local education authority” means that authority; and

(b) in relation to schools falling within subsections (2) to (5), “maintain” shall be read in accordance with those subsections.

(2) In the case of a county school, a maintained nursery school or a maintained special school, the local education authority’s duty to maintain the school includes the duty of defraying all the expenses of maintaining it.

(3) In the case of a controlled school, the local education authority’s duty to maintain the school includes—

(a) the duty of defraying all the expenses of maintaining it, and

(b) the duty under section 60 of providing new premises for the school under and in accordance with that section.

(4) In the case of an aided or special agreement school, the local education authority’s duty to maintain the school includes—

(a) the duty of defraying all the expenses of maintaining it, except any expenses that by virtue of section 59 or a special agreement are payable by the governing body, and

(b) the duty under section 61 of providing new premises for the school under and in accordance with that section.

(5) It is hereby declared that for the purposes of this Act the expenses of maintaining a voluntary school include the payment of rates.