The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010

Article 3

SCHEDULE 1 E+W Education functions–Schedule to be inserted in Education Act 1996 as Schedule 36A

1.  Functions conferred on a local authority under the Education Acts (as defined in section 578). E+W

Commencement Information

I1 Sch. 1 para. 1 in force at 5.5.2010, see art. 1

2.  Functions conferred on a local authority under the enactments specified in the first column of the table below (being the functions which are described in general terms in the second column of that table). E+W

Table

Enactment	Nature of functions
Children and Young Persons Act 1933 (c. 12)
Section 18	Making of byelaws relating to the employment of children.
Superannuation Act 1972 (c. 11)
Section 9(5A)(1)	Payment of injury benefit to or in respect of teachers.
Employment and Training Act 1973 (c. 50)
Sections 10 and 10A(2)	Powers and duties relating to careers services
Section 12	Duty to provide information to the Secretary of State.
Sex Discrimination Act 1975 (c. 65)
Section 25	General duty to secure that facilities for education are provided without sex discrimination.
Public Passenger Vehicles Act 1981 (c. 14)
Section 46	Power to use a school bus to carry fare-paying passengers.
Representation of the People Act 1983(c.2)
Paragraph 2 of Schedule 5	Duty to prepare and revise lists of rooms in school premises which candidates may use.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Section 5(1) to (4), (6) and (8)	Duty to require the appropriate officer to give an opinion as to whether a child with a statement is disabled.
Children Act 1989 (c. 41)
Section 36 and Part 3 of Schedule 3 (except paragraph 19(2))	Education supervision orders.
Disability Discrimination Act 1995 (c.50)
Sections 28C, 28G and 28T as modified by Schedule 4C(3).	Duty to secure that disabled pupils are not placed at a substantial disadvantage.
Section 28D(4)	Duty to prepare an accessibility strategy.
Section 28E	Duty (as responsible body) to prepare an accessibility plan.
Section 28IC(5)	Duty to provide advice and information about disability discrimination in schools (in Wales).
Section 28ID	Duty to make arrangements in relation to the resolution of disputes (in Wales).
Section 28IE	Duty relating to the provision of independent advocacy services .
Learning and Skills Act 2000(c. 21)
Section 33J(6)	Duty to assist Welsh Ministers in planning the local curriculum.
Section 33K	Duty relating to delivery of local curriculum and joint working (in Wales).
Section 33L	Duty to have regard to guidance and comply with directions relating to section 33K.
Section 83	Duty (of local authority in Wales) to provide information to Chief Inspector.
Section 84	Duties relating to preparation of an action plan following an area inspection in Wales.
Sections 96, 101 and 102	Duties as an “authorised body” relating to qualifications.
Sections 123 to 125 and 128	Support services for 11 to 25 years olds: Wales.
Section 139A(7)	Duty to arrange assessments relating to learning difficulties.
Section 140(5)	Duty to send copy of a statement of special educational needs to the Welsh Ministers if requested.
Schedules 7 and 7A(8)	Duty to implement approved proposals relating to sixth forms.
Local Government Act 2000(c. 22)
Paragraphs 7, 8 and 9 of Schedule 1	Duty to include certain persons on overview and scrutiny committee if it relates to education functions.
Nationality, Immigration and Asylum Act 2002 (c. 41)
Section 37	Powers and duties relating to education of a child in an accommodation centre.
Anti-social Behaviour Act 2003(c. 38)
Sections 19, 20, 21 and 22A	Powers and duties relating to parenting orders and parenting contracts.
National Health Service Act 2006 (c. 41 )
Paragraph 5 of Schedule 1	Duty to make available to the Secretary of State appropriate accommodation for enabling the Secretary of State to arrange for medical inspections in schools.
National Health Service (Wales) Act 2006 (c. 42)
Paragraph 5 of Schedule 1	Duty to make available to the Welsh Ministers appropriate accommodation for enabling them to arrange for medical inspections in schools.

Commencement Information

I2 Sch. 1 para. 2 in force at 5.5.2010, see art. 1

(1)

Section 9(5A) was inserted by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) section 11.

(2)

Section 10A was inserted by Trade Union Reform and Employment Rights Act 1993 (c.19) section 46.

(3)

Schedule 4C was substituted by S.I. 2006/1721.

(4)

Sections 28D and 28E were inserted by sections 14 and 15 respectively of the Special Educational Needs and Disability Act 2001 (c.10).

(5)

Sections 28IC, 28ID and 28IE are inserted by sections 11, 12 and 13 of the Education (Wales) Measure 2009 (nawm 5)

(6)

Sections 33J, 33K and 33L are inserted by sections 31,32 and 33 of the Learning and Skills (Wales) Measure 2009 (nawm 1).

(7)

Section 139A was inserted by section 80 of the Education and Skills Act 2008 (c.25).

(8)

Schedule 7A was inserted by Schedule 9 to the Education Act 2002 (c.32) and is amended by paragraph 53 of Schedule 6 to the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) to apply in relation to Wales only.