School Standards and Framework Act 1998

22 Maintenance and other funding of schools. E

(1) A [F1 local authority] are under a duty to maintain the following schools—

(a) any maintained schools which they are required to maintain by virtue of section 20(4) or (5);

(b) any maintained schools established by themF2 ...;

(c) any maintained schools established in their areaF3 ... otherwise than by them or any other [F1 local authority]; and

(d) any maintained nursery school established by them.

[F4 (2) Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.]

(3) In the case of a community school, a community special school or a maintained nursery school, the [F1 local authority]’s duty to maintain the school includes—

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

(b) the duty of making premises available to be used for the purposes of the school.

(4) In the case of a foundation, voluntary controlled or foundation special school, the [F1 local authority]’s duty to maintain the school includes—

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

(b) the duty, [F5 under any enactment of providing new premises for the school].

(5) In the case of a voluntary aided school, the [F1 local authority]’s duty to maintain the school includes—

(a) the duty of defraying all the expenses of maintaining it, except any [F6 expenditure that by virtue of paragraph 3 of Schedule 3 is to be met] by the governing body, and

(b) the duty, [F7 under any enactment of providing new premises for the school].

(6) For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.

(7) Schedule 3 (which makes provision as to the functions of governing bodies, [F8 local authorities] and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.

(8) In this Act—

(a) in relation to a school maintained (or proposed to be maintained) by a [F1 local authority], “the [F1 local authority]” means that authority; and

(b) in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.

(9) In this Act “maintained nursery school” means a nursery school which is maintained by a [F1 local authority] and is not a special school.

Extent Information

E1 This version of this provision extends to England only; a separate version has been created for Wales.

Textual Amendments

F1 Words 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), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F2 Words in s. 22(1)(b) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F3 Words in s. 22(1)(c) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F4 S. 22(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 15; S.I. 2007/935, art. 7(o)

F5 Words in s. 22(4)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F6 Words in s. 22(5)(a) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 3

F7 Words in s. 22(5)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F8 Words 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), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))

22 Maintenance and other funding of schools. W

(1) A [F1 local authority] are under a duty to maintain the following schools—

(a) any maintained schools which they are required to maintain by virtue of section 20(4) or (5);

F9 (b) any maintained schools established by them F10 . . . ;

F11 (c) any maintained schools established in their area F12 . . . otherwise than by them or any other [F1 local authority]; and

(d) any maintained nursery school established by them.

[F4 (2) Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.]

(3) In the case of a community school, a community special school or a maintained nursery school, the [F1 local authority]’s duty to maintain the school includes—

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

(b) the duty of making premises available to be used for the purposes of the school.

(4) In the case of a foundation, voluntary controlled or foundation special school, the [F1 local authority]’s duty to maintain the school includes—

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

F13 (b) the duty, [F14 under any enactment of providing new premises for the school].

(5) In the case of a voluntary aided school, the [F1 local 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 paragraph 3 of Schedule 3 are payable by the governing body, and

F15 (b) the duty, [F16 under any enactment of providing new premises for the school].

(6) For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.

(7) Schedule 3 (which makes provision as to the functions of governing bodies, [F8 local authorities] and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.

(8) In this Act—

(a) in relation to a school maintained (or proposed to be maintained) by a [F1 local authority], “the [F1 local authority]” means that authority; and

(b) in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.

(9) In this Act “maintained nursery school” means a nursery school which is maintained by a [F1 local authority] and is not a special school.

Extent Information

E2 This version of this provision extends to Wales only; a separate version has been created for England.

Textual Amendments

F1 Words 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), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))

F4 S. 22(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 15; S.I. 2007/935, art. 7(o)

F8 Words 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), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))

F9 Words in s. 22(1)(b) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F10 Words in s. 22(1)(b) repealed (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1)(2), 216, Sch. 21 para. 96(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

F11 Words in s. 22(1)(c) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F12 Words in s. 22(1)(c) repealed (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1)(2), 216, Sch. 21 para. 96(2)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

F13 Words in s. 22(4)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F14 Words in s. 22(4)(b) substituted (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 96(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

F15 Words in s. 22(5)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F16 Words in s. 22(5)(b) substituted (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 96(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1