Education Act 2002

183 Transfer of functions relating to allowances under section 181

(1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in his determination, be exercisable instead by—

(a) the Learning and Skills Council for England, or

(b) local education authority.

(2) If the National Assembly for Wales so determines, any function exercisable by the Assembly by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in the Assembly’s determination, be exercisable instead by—

(a) the National Council for Education and Training for Wales, or

(b) a local education authority.

(3) A body by whom any function is for the time being exercisable by virtue of subsection (1) or (2) shall comply with any directions given by the Secretary of State, or as the case may be the National Assembly for Wales, as to the exercise of that function.

(4) Where any function is so exercisable by a local education authority, the function shall be taken to be a function of that authority—

(a) for the purposes of section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities),

(b) for the purposes of Part 2 of the 2000 Act (arrangements with respect to executives etc.), and

(c) subject to the provisions of section 13 of the 2000 Act, for the purposes of section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities).

(5) In this section “the 2000 Act” means the Local Government Act 2000 (c. 22).