Education Act 1944 (repealed 1.11.1996)

8 Duty of local education authorities to secure provision of primary and secondary schools. E+W

(1) It shall be the duty of every local education authority to secure that there shall be available for their area sufficient schools—

(a) for providing [F1 primary education, that is to say, full-time education suitable to the requirements of junior pupils who have not attained the age of ten years and six months, and full-time education suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils who have not attained that age]; and

(b) for providing secondary education, that is to say, full-time education suitable to the requirements of senior pupils, . . . F2 [F3 and full-time education suitable to the requirements of junior pupils who have attained the age of ten years and six months and whom it is expedient to educate together with senior pupils];

and the schools available for an area shall not be deemed to be sufficient unless they are sufficient in number, character, and equipment to afford for all pupils opportunities for education offering such variety of instruction and training as may be desirable in view of their different ages, abilities, and aptitudes, and of the different periods for which they may be expected to remain at school, including practical instruction and training appropriate to their respective needs.

(2) In fulfilling their duties under this section, a local education authority shall, in particular, have regard—

(a) to the need for securing that primary and secondary education are provided in separate schools;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

[F5 (c) to the need for securing that special educational provision is made for pupils who have special educational needs; and]

(d) to the expediency of securing the provision of boarding accomodation, either in boarding schools or otherwise, for pupils for whom education as boarders is considered by their parents and by the authority to be desirable:

Provided that paragraph (a) of this subsection shall not have effect with respect to special schools.

[F6 (3) In fulfilling their duty under subsection (1)(b) above a local education authority shall have regard to any facilities for full-time education-

(a) provided for senior pupils by any educational institution maintained or assisted by the authority in exercise of their functions under section 41 of this Act; or

(b) otherwise secured for such pupils by the authority in exercise of those functions.]

Textual Amendments

F1 Words substituted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 3(2)

F2 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 120(6)(a), 231(7), 235(6), 236(2), Sch. 13 Pt. II

F3 Words inserted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 3(3)

F4 S. 8(2)(b) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7

F5 S. 8(2)(c) substituted by Education Act 1981 (c. 60, SIF 41:1), s. 2(1)

F6 S. 8(3) added by Education Reform Act 1988(c. 40, SIF 41:1), ss. 120(6)(b), 231(7), 235(6), 236(2)

Modifications etc. (not altering text)

C1 S. 8 restricted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 4(2)

C2 S. 8(1)(a) explained by Education Act 1980 (c. 20, SIF 41:1), s. 24(2)