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Education Act 1996, Section 14 is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A [F1local authority] shall secure that sufficient schools for providing—
(a)primary education, and
(b)education that is secondary education by virtue of section 2(2)(a),
are available for their area.
(2)The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.
(3)In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—
(a)the pupils’ different ages, abilities and aptitudes, and
(b)the different periods for which they may be expected to remain at school,
including practical instruction and training appropriate to their different needs.
[F2(3A)A [F1local authority] in England shall exercise their functions under this section with a view to—
(a)securing diversity in the provision of schools, and
(b)increasing opportunities for parental choice.]
(4)A [F1local authority] is not by virtue of subsection (1)(a) under any duty in respect of children under [F3compulsory school age].
[F4(4A)A [F1local authority] for an area in Wales may secure that regional schools for providing—
(a)primary education, and
(b)education that is secondary education by virtue of section 2(2)(a),
are available for Wales or any part of Wales that includes the area of the authority.
(4B)For this purpose a “regional school”, in relation to a [F1local authority], is a school maintained by that authority which provides education to meet both—
(a)the needs of pupils with particular [F5special educational needs] [F5additional learning needs] in their area, and
(b)the needs of such pupils in the rest, or any other part, of Wales,
whether or not the institution also provides education suitable to the requirements of other pupils.]
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In exercising their functions under this section, a [F1local authority] shall in particular have regard to—
(a)the need for securing that primary and secondary education are provided in separate schools;
(b)the need for securing that special educational provision is made for pupils who have special educational needs [F7(in the case of a local authority in England) or the need for securing that additional learning provision is made for pupils who have additional learning needs (in the case of a local authority in Wales)]; and
(c)the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.
(7)The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.
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. 14(3A) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 2, 188(3); S.I. 2007/935, art. 7(a)
F3Words in s. 14(4) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 12; S.I. 1998/386, art. 2, Sch. 1 Pt. III
F4S. 14(4A)(4B) inserted (19.12.2002) by Education Act 2002 (c. 32), ss. 194(1), 216(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1
F5Words in s. 14(4B) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(3)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
F6S. 14(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 62, Sch.31 (with 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)
F7Words in s. 14(6)(b) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(3)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
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