http://www.legislation.gov.uk/id/ukpga/1996/56

Part IX Ancillary functions

Chapter I Ancillary functions of Secretary of State

General functions

C1 C25495 Determination of disputes.

C2 C401

Except where this Act expressly provides otherwise, any dispute between a F182local authority and the governing body of a school as to the exercise of any power conferred or the performance of any duty imposed by or under this Act may be referred to the Secretary of State (despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the governing body).

C402

The Secretary of State shall determine any dispute referred to him under subsection (1).

3

Any dispute between two or more F182local authorities as to which of them is responsible for the provision of education for any pupil shall be determined by the Secretary of State.

in the Secretary of State’s opinion, could have been so complained about.

5

Regulations may disapply subsection (4) in relation to cases where a complaint about the matter has been made to the Secretary of State by—

a

a prescribed person, or

b

a person of a prescribed description.

F1666

This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

C25 C27 C12 C34 C46F5497A Power to secure proper performance of F184local authority’s education functions .

F1851

This section applies to a local authority’s education functions.

2

If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a F182local authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection (F74(4), (4A) or (4B)).

F752A

The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—

a

he has given a previous direction under subsection (4), (4A) or (4B) in relation to a F182local authority in respect of any function towhich this section applies, and

b

he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of theprevious direction the authority would fail in any respect to perform that function to an adequate standard (or at all).

3

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F774

The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.

F784A

The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authorityshall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.

4B

The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to anyfunction) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function isperformed to an adequate standard.

F795

Where the Secretary of State considers it expedient that—

a

in the case of directions given under subsection (4), the person specified in the directions, or

b

in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,

should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions undersubsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person shouldperform any such additional functions, the Secretary of State may have regard to financial considerations.

6

any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

every such committee, or

b

any such committee of a description specified in the direction,

to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts.

3

Subsection (4) applies to any two or more local authorities which in accordance with section 102(1) of the M2Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any F187of their education functions .

4

The Secretary of State may by directions to any local authorities to which this subsection applies require—

a

every such committee, or

the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election;

c

the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected;

d

the term of office of persons so elected and their voting rights;

e

the application to any such committee or sub-committee, with or without any modification, of any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority;

f

such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.

8

Regulations may also make provision—

a

enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in relation to which a committee or sub-committee acts, that the requirement imposed on the committee or sub-committee by virtue of subsection (6) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools;

b

for any regulations under subsection (7) to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.

C24F899

In subsections (6) and (8)—

a

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and

b

“parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).

Rationalisation of school places

F9500. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10501. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12503. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14505. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical examinations

506 Power to require medical examination of pupils.

1

Where—

a

a question is referred to the Secretary of State under section 442(3) or 495, and

b

in his opinion the examination of any pupil by a registered medical practitioner appointed by him for the purpose would assist in determining the question,

he may serve a notice on the parent of that pupil requiring the parent to present the pupil for examination by such a practitioner.

2

Any parent who without reasonable excuse fails to comply with any requirements of a notice served on him under subsection (1) is guilty of an offence.

3

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Local inquiries

F86 C16 C17507 Power to direct local inquiries.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter II Ancillary functions of F183local authorities

Annotations:

Amendments (Textual)

F183

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), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))

Provision of services

507AF99F183Local authorities in England: functions in respect of recreational and training facilities for children under 13

1

A F182local authority in England must secure that the facilities for primary and secondary education provided for their area include adequate facilities for recreation and social and physical training for children who have not attained the age of 13.

2

For the purposes of subsection (1) a F182local authority may—

a

establish, maintain and manage, or assist the establishment, maintenance and management of—

i

camps, holiday classes, playing fields, play centres, and

ii

other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary or secondary education;

b

organise games, expeditions and other activities for such persons; and

c

defray, or contribute towards, the expenses of such games, expeditions and other activities.

3

When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a F182local authority must, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

keep the information publicised under paragraph (a) up to date.

11

A F182local authority may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority's area).

12

In exercising their functions under this section a F182local authority must have regard to any guidance given from time to time by the Secretary of State.

13

In this section—

“recreation” includes physical training (and “recreational” is to be construed accordingly);
“sufficient”, in relation to activities or facilities, means sufficient having regard to quantity;
“well-being”, in relation to a person, means his well-being so far as relating to—
1. a
  physical and mental health and emotional well-being;
2. b
  protection from harm and neglect;
3. c
  education, training and recreation;
4. d
  the contribution made by him to society;
5. e
  social and economic well-being.

508F98F183Local authorities in Wales: functions in respect of facilities for recreation and social and physical training.

1

A F182local authorityF102in Wales shall secure that the facilities for primary, F15and secondary education provided for their area include adequate facilities for recreation and social and physical training.

F161A

A F182local authorityF103 in Wales may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.

2

F17For the purpose of subsection (1) or (1A) a F182local authority—

a

may establish, maintain and manage, or assist the establishment, maintenance and management of,—

i

camps, holiday classes, playing fields, play centres, and

ii

other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary, secondary or further education;

b

may organise games, expeditions and other activities for such persons; and

c

may defray, or contribute towards, the expenses of such games, expeditions and other activities.

3

When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a F182local authority shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1),

in so far as that travel relates to travel within the authority's area.

7

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a F182local authority of their duties under this section.

8

Before issuing or revising guidance under subsection (7), the Secretary of State must consult such persons as he considers appropriate.

9

In discharging their duties under this section an authority must—

a

consult such persons as they consider appropriate, and

b

have regard to any guidance given from time to time by the Secretary of State under subsection (7).

10

References in this section to persons of sixth form age are to be construed in accordance with subsection (1) of section 509AC.

11

In this section, “academic year” has the same meaning as in section 509AC in the case of F183local authorities in England.

in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school (within the meaning of that Schedule) at which the child is a registered pupil referred to in the paragraph in question, and

b

in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.

11

Regulations may modify subsections (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.

508CF183Local authorities in England: travel arrangements etc for other children

1

A F182local authority in England may make such school travel arrangements as they consider necessary, in relation to any child in the authority's area to whom this section applies, for the purpose of facilitating the child's attendance at any relevant educational establishment in relation to the child.

2

This section applies to a child who is not an eligible child for the purposes of section 508B.

3

“School travel arrangements”, in relation to such a child, are travel arrangements relating to travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

4

“Travel arrangements”, in relation to such a child, are travel arrangements of any description and include—

a

arrangements for the provision of transport, and

b

any of the following arrangements only if they are made with the consent of a parent of the child—

i

arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from any relevant educational establishment in relation to the child;

ii

arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

iii

arrangements for the payment of allowances in respect of the use of particular modes of travel.

5

A F182local authority in England may pay, in the case of a child in the authority's area to whom this section applies and in relation to whom no arrangements are made by the authority under subsection (1), the whole or any part, as they think fit, of a person's reasonable travelling expenses in relation to that child's travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

6

References to a “relevant educational establishment”, in relation to a child to whom this section applies, are references to—

a

any school at which he is a registered pupil,

b

any institution within the further education sector at which he is receiving education, or

c

any place other than a school where he is receiving education by virtue of arrangements made in pursuance of section 19(1).

508DGuidance etc in relation to sections 508B and 508C

1

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a F182local authority of their functions under sections 508B and 508C.

2

Before issuing or revising guidance under subsection (1), the Secretary of State must consult such persons as he considers appropriate.

3

In discharging their functions under sections 508B and 508C an authority must have regard to any guidance given from time to time by the Secretary of State under subsection (1).

4

Regulations may require a F182local authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority's policy and arrangements relating to the discharge of their functions under section 508B or 508C.

508EF107F183Local authorities in England: school travel schemes

1

Schedule 35C has effect in relation to school travel schemes.

2

Where a school travel scheme is in force under Schedule 35C, the F182local authority in England by which the scheme is made must give effect to the scheme by—

a

making the arrangements which are set out in the scheme as described in paragraph 2(1) of that Schedule as arrangements to be made by the authority,

b

complying with the requirement of the scheme described in paragraph 2(5) of that Schedule (requirement to make suitable alternative arrangements),

c

complying with the requirement of the scheme described in paragraph 3 of that Schedule (travel arrangements for eligible children), and

d

complying with the scheme's policy applicable to charging and any other requirements of the scheme.

3

Where a school travel scheme is in force under Schedule 35C, the F182local authority in England by which the scheme is made do not have any functions under section 508B or 508C in relation to children in their area.

4

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a F182local authority in England of any duty under subsection (2) or of any functions under Schedule 35C.

5

Before issuing or revising guidance under subsection (4), the Secretary of State must consult such persons as he considers appropriate.

6

In discharging any duty under subsection (2) and in exercising any functions under Schedule 35C, a F182local authority in England must have regard to any guidance given from time to time by the Secretary of State under subsection (4).

508FF168F183Local authorities in England: provision of transport etc for adult learners

1

The authority must publish the statement by the end of May in the year in which the relevant academic year begins.

6

In preparing and publishing the statement, the authority must have regard (among other things) to the need to—

a

include in the statement sufficient information about the matters that the statement must specify, and

b

publish the statement in time,

to enable relevant young adults and their parents to take reasonable account of those matters when choosing between different institutions at which education or training is provided.

7

The publication of a statement under this section in relation to an academic year does not prevent an authority from—

a

making additional arrangements or payments under section 508F in relation to the academic year, or

b

providing additional travel concessions in relation to the academic year.

8

The Secretary of State may amend subsection (5) by order to change the time by which the statement must be published.

9

In this section—

“academic year” has the meaning given in section 509AC,
“governing body” has the meaning given in section 509AC, and
“relevant young adult” has the meaning given in section 508F.

508HGuidance: sections 508F and 508G

In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a F182local authority must have regard to any guidance issued by the Secretary of State under this section.

508IComplaints about transport arrangements etc for young adults subject to learning difficulty assessment: England

1

A F182local authority may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3).

2

A F182local authority must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so.

3

An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

4

The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisfied that—

at any institution within the further education sector, or

d

at any establishment (not falling within paragraph (b) or (c)) F171at which the authority secures the provision of education or training under section 15ZA(1)F140... .

3

The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2).

4

The statement shall specify the arrangements proposed to be made by the governing bodies of—

a

schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and

b

which have not been specified in the transport policy statement published by the authority for that academic year.

F1429A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

The Secretary of State F143... may by order amend subsection (7)(a) F162to change the time by which the statement must be published .

F16111

Subsection (9) is subject to section 509AE (complaints about transport arrangements etc for persons of sixth form age in England).

publish the statement in time,

to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.

F1768

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

509ACF34 Interpretation of sections 509AA and 509AB

1

For the purposes of sections 509AA and 509AB a person receiving education or training at an establishment is of sixth form age if he is over compulsory school age but—

a

is under the age of 19, or

b

has begun a particular course of education or training at the establishment before attaining the age of 19 and continues to attend that course.

F1782

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1473

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

References in section 509AB to persons with learning difficulties are to be construed in accordance with F179section 15ZA(6) and (7) .

5

In sections 509AA and 509AB and this section—

“academic year” means any period commencing with 1st August and ending with the next 31st July;
“disabled person” has the same meaning as in the F203Equality Act 2010 ;
“establishment” means an establishment of any kind, including a school or institution;
“governing body”, in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992.

6

The Secretary of State may by order amend the definition of “academic year” in subsection (5) F148....

F149...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

509ADF119F183Local authorities in England: duty to have regard to religion or belief in exercise of travel functions

1

A F182local authority in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place,

F152a

to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief, and

b

in a case where the person in question (or any of the persons in question) is of sixth form age (within the meaning given in section 509AC(1)), to any wish of that person to be provided with education or training at a particular school, institution or other place where that wish is based on the person's religion or belief.

2

The “travel functions” of a F182local authority in England are their functions under any of the following provisions—

section 508A (duty to promote sustainable modes of travel etc);
section 508B (travel arrangements for eligible children);
section 508C (travel arrangements etc for other children);
section 508E and Schedule 35C (school travel schemes);
F180section 508F (F183local authorities in England: provision of transport etc for adult learners);
section 509AA (transport etc for persons of sixth form age).

3

For the purposes of this section—

a

“religion” means any religion,

b

“belief” means any religious or philosophical belief,

c

a reference to religion includes a reference to lack of religion, and

d

a reference to belief includes a reference to lack of belief.

509AE F158Complaints about transport arrangements etc for persons of sixth form age in England

1

A F182local authority may revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, they have come to consider the change necessary for the purpose of the arrangements specified under the subsection in question.

2

A F182local authority must revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, the Secretary of State has directed them to do so.

3

An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

4

The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc), section 509AA(9) (power to require F182local authority to make additional transport arrangements), or subsection (2) of this section in response to a matter that is, or could have been, the subject of a sixth form transport complaint made to him or her unless satisfied that—

a

the matter has been brought to the notice of the F182local authority concerned, and

When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a F182local authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant F124early years education at any other premises (whether nearer to his home or otherwise).

4

Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—

a

the child’s parent, or

b

the person providing the relevant F124early years education concerned,

agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.

F194A

Regulations F155 made by the Secretary of State may require a F182local authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the making of provision under this section.

F1255

In this section “relevant early years education” means—

a

F156... early years provision as defined by section 20 of the Childcare Act 2006 which is provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision);

F157b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a school maintained by them [F21or a grant-maintained school], or

b

a special school (whether maintained by them or not),

is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, the authority may provide him with such clothing as in their opinion is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

4

A F182local authority may provide—

a

for pupils at a school maintained by them [F22, at a grant-maintained school] or at an institution maintained by them which provides further education or higher education (or both),

b

for persons who have not attained the age of 19 and who are receiving education at an institution within the further education sector, and

c

for persons who make use of facilities for physical training F104secured by the authority under section 507A or 507B (if the authority are in England) or made available by the authority for such persons under section 508(2) (if the authority are in Wales) ,

such articles of clothing as the authority may determine suitable for the physical training provided at that school or institution or under those facilities.

5

A F182local authority may—

a

with the consent of the proprietor of a school not maintained by the authority, other than a [F23grant-maintained school or] special school, and

b

on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor,

make arrangements, in the case of any pupil at the school who is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, for securing for the pupil the provision of such clothing as is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

6

Any arrangements made under subsection (5) shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any article under the arrangements does not exceed the expense which would have been incurred by them in the provision of it if the pupil had been a pupil at a school maintained by them.

511 Provisions supplementary to section 510.

1

Provision of clothing under section 510 may be made in such way as to confer either a right of property in the clothing or a right of user only (at the option of the providing authority), except in any circumstances for which the adoption of one or other of those ways of making such provision is prescribed.

2

Where a F182local authority have provided a person with clothing under section 510, then, in such circumstances respectively as may be prescribed—

a

a

any prescribed requirements are met,

b

a request for the provision of school lunches has been made by or on behalf of that person to the authority, and

c

either—

i

that person is eligible for free lunches (within the meaning of section 512ZB(2)), or

ii

in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches.

4

Subject to F93section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc , any school lunches provided by a F182local authority pursuant to subsection (3) may take such form as the authority think fit.

5

A F182local authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

6

In this section—

“prescribed” means prescribed by the Secretary of State by order;
F127“relevant funded early years education”, in relation to a F182local authority in England, means early years provision as defined by section 20 of the Childcare Act 2006 which is provided by a person, other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school, under arrangements made by a local authority in pursuance of the duty imposed by section 7 of the 2006 Act (duty to secure prescribed early years provision free of charge);
“relevant funded early years education”, in relation to a F182local authority in Wales, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school—
1. a
  under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of F182local authority to secure sufficient nursery education), and
2. b
  in consideration of financial assistance provided by the authority under those arrangements.
“school lunch”—
1. a
  in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and
2. b
  in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education,
whether involving a set meal or the selection of items by him or otherwise;

and references, in relation to a F182local authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.

512ZAF69F91Power to charge for meals etc.

C211

A F182local authorityF94may charge for anything provided by them under subsection (1) or (3) of section 512.

C212

F95Where a F182local authority exercise the power to charge under subsection (1), they must charge every person the same price for the same quantity of the same item.

3

This section is subject to section 512ZB.

entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed.

5

In this section “prescribed” and “school lunch” have the same meaning as in section 512.

F24512A Transfer of functions under section 512 to governing bodies.

1

The Secretary of State may by order make provision for imposing on the governing body of any school to which the order applies a duty or duties corresponding to one or more of the duties of the F182local authority which are mentioned in subsection (2).

2

Those duties are—

F70a

the duty to provide school lunches in accordance with F25section 512(3) and (4);

F71b

the duty to provide school lunches free of charge in accordance with F26section 512ZB(1); and

F72c

the duty to provide milk free of charge in accordance with F27section 512ZB(3).

3

An order under this section may (subject to subsection (6)) apply to—

a

all maintained schools; or

b

any specified class of such schools; or

c

all such schools, or any specified class of such schools, maintained by specified F183local authorities.

4

Where any duty falls to be performed by the governing body of a school by virtue of an order under this section—

a

the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the F182local authority in relation to the school; and

F87b

if the duty corresponds to the one mentioned in subsection (2)(b) or (c)—

i

the order may provide that, notwithstanding the other provisions of the order, the function of determining whether pupils at the school fall within section 512ZB(4) is to be exercisable by the F182local authority, and

ii

section 533(3) shall not apply to school lunches or milk provided by the governing body in pursuance of the order.

5

An order under this section may provide for section 513(2) not to apply—

a

to F183local authorities generally, or

b

to any specified F182local authority,

either in relation to all pupils for whom provision is made by the authority under section 513 or in relation to all such pupils who are of such ages as may be specified.

F736

An order under this section shall not operate to—

a

impose any duty on the governing body of a school, or

b

relieve a F182local authority of any duty in relation to a school,

at any time when the school does not have a delegated budget; and such an order may provide for F28section 512ZA(2) above to have effect, in relation to any provision made at any such time by the F182local authority for pupils at the school, with such modifications as may be specified.

7

In this section—

F88“delegated budget” has the same meaning as in the School Standards and Framework Act 1998;
“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;
“school lunch” has the same meaning as in section 512 above;
“specified” means specified in an order under this section.

513 Provision of meals etc. at schools not maintained by F183local authorities.

1

A F182local authority may, with the consent of the proprietor of a school in their area which is not maintained by them, make arrangements for securing the provision of milk, meals and other refreshment for pupils in attendance at the school.

2

Any arrangements under this section—

a

shall be on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school; and

b

shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any service or item under the arrangements shall not exceed the expense which would have been incurred by them in providing it if the pupil had been a pupil at a school maintained by them.

514 Provision of board and lodging otherwise than at school.

2

Arrangements under subsection (1) in respect of a teacher in a F30foundation or voluntary school require the concurrence of the governing body of the school.

3

Arrangements under this section may make provision—

a

for the supply of equipment for use in connection with the teaching services made available under the arrangements;

b

for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery F129 or (as the case may be) the registered early years provider ; and

c

for any supplementary or incidental matters connected with the arrangements, F130including—

i

in relation to England, any charges to be imposed in connection with the arrangements, and

ii

in relation to Wales, where the teacher's school and the day nursery are in the areas of different F183local authorities , financial adjustments between those authorities.

F1314

In this section—

“day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children);
“registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

5

A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

F31516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

to any special educational needs he may have,

cannot be provided by them for him except at a school not maintained by them or another F182local authority.

4

This subsection applies where (in a case in which neither subsection (2) nor subsection (3) applies) the authority are satisfied—

a

that the pupil has special educational needs, and

b

that it is expedient in his interests that the required special educational provision should be made for him at a school not maintained by them or another F182local authority.

5

This subsection applies where the authority are satisfied that education suitable—

a

to the pupil’s age, ability and aptitude, and

b

to any special educational needs he may have,

cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere)

P16

As from such day as the Secretary of State may by order appoint this section shall have effect with the following modifications—

a

in subsections (1) and (3), for “not maintained by them or another F182local authority” substitute “which is neither a maintained nor a grant-maintained school”;

b

in subsection (3), for “every school maintained by them or another F182local authority” substitute “every maintained or grant-maintained school”;

c

in subsections (3) and (5), for “provided by them” substitute “provided”;

d

omit subsection (4) and the reference to it in subsection (1); and

e

at the end add—

7
In this section “grant-maintained school” includes a grant-maintained special school, and subsection (5) does not apply where section 348(2) applies.

7

An order under subsection (6) may appoint different days for different provisions and for different purposes.

F35518 Payment of school expenses; grant of scholarships, etc.

a

schools maintained by the authority; F40. . .

F41b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

522 Compulsory cleansing of a pupil.

1

If, on an examination under section 521, the person or clothing of a pupil is found to be infested with vermin or in a foul condition, any officer of the F182local authority may serve a notice on the pupil’s parent requiring him to cause the pupil’s person and clothing to be cleansed.

2

The notice shall inform the parent that, unless within the period specified in the notice the pupil’s person and clothing are cleansed to the satisfaction of such person as is specified in the notice, the cleansing will be carried out under arrangements made by the authority.

3

The period so specified shall not be less than 24 hours from the service of the notice.

4

If, on a report being made to him by the specified person at the end of the specified period, a medical officer of the authority is not satisfied that the pupil’s person and clothing have been properly cleansed, he may by order direct that they shall be cleansed under arrangements made by the authority under section 523.

5

An order made under subsection (4) shall be sufficient to authorise any officer of the authority—

a

to cause the pupil’s person and clothing to be cleansed in accordance with arrangements made by the authority under section 523, and

b

for that purpose to convey the pupil to, and detain him at, any premises provided in accordance with such arrangements.

523 Arrangements for cleansing of pupils.

1

A F182local authority shall make arrangements for securing that the person or clothing of any pupil required to be cleansed under section 522 may be cleansed (whether at the request of a parent or in pursuance of an order under section 522(4)) at suitable premises, by suitable persons and with suitable appliances.

2

Where the council of a district in the area of the authority are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined—

a

by agreement between the authority and the council, or

b

in default of such agreement, by the Secretary of State.

3

Subsection (2) does not apply in relation to Wales.

4

A girl may be cleansed under arrangements under this section only by a registered medical practitioner or by a woman authorised for the purpose by the authority.

524F42Suspension of a pupil pending examination or cleansing.

1

Where—

a

a medical officer of a F182local authority suspects that the person or clothing of a pupil in attendance at a relevant school is infested with vermin or in a foul condition, but

b

action for the examination or cleansing of the pupil’s person and clothing cannot be taken immediately,

the medical officer may direct that the pupil is to be F43suspended from the school until such action has been taken, if he considers it necessary to do so in the interests either of the pupil or of other pupils in attendance at the school.

2

A direction under subsection (1) is a defence to any proceedings under Chapter II of Part VI in respect of the failure of the pupil to attend school on any day on which he is excluded in pursuance of the direction, unless it is proved that the giving of the direction was necessitated by the wilful default of the pupil or his parent.

3

For the purposes of this section a “relevant school” is—

a

a school maintained by the F182local authority, F44. . .

F44b

. . .

525 Offence of neglecting the cleanliness of a pupil.

1

If, after the person or clothing of a pupil has been cleansed under section 522—

a

his person or clothing is again infested with vermin, or in a foul condition, at any time while he is in attendance at a relevant school, and

b

the condition of his person or clothing is due to neglect on the part of his parent,

the parent is guilty of an offence.

2

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

3

For the purposes of this section a “relevant school” is a school maintained by a F182local authorityF45. . ..

Educational research and conferences

526 Powers as to educational research.

A F182local authority may make such provision for conducting, or assisting the conduct of, research as appears to them to be desirable for the purpose of improving the educational facilities provided for their area.

527 Powers as to educational conferences.

A F182local authority may—

a

organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and

b

expend such sums as may be reasonable in paying, or contributing towards, any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend such a conference.

F47Plans relating to children with behavioural difficulties

Annotations:

Amendments (Textual)

F47

S. 527A and cross-heading inserted (1.4.1998) by 1997 c. 44, s.9 (with s. 57(3)); S.I. 1998/386, art. 2(2), Sch. 1 Pt. II

F90F46527A Duty of F182local authority to prepare plan relating to children with behavioural difficulties.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disability statements relating to further education

F48528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition and holding of property

529 Power to accept gifts on trust for educational purposes.

1

A F182local authority may accept, hold and administer any property on trust for purposes connected with education.

F1101A

Any intention on the part of a F182local authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 10 and 11 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.

2

Any intention on the part of a F182local authorityF111 in Wales that a school F112... should be vested in the authority as trustees shall be treated for F113for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales: procedure and implementation) shall apply accordingly.

3

Any school which in accordance with subsection F114 (1A) or (2) is vested in a F182local authority as trustees shall be F49a community school. F115, a community special school or a maintained nursery school.

530 Compulsory purchase of land.

1

The Secretary of State may authorise a F182local authority to purchase compulsorily any land (whether within or outside their area) which—

a

is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have power to assist, or

b

is otherwise required for the purposes of their functions under this Act, or

F116c

is required for the purposes of an Academy (whether established or to be established).

2

The Secretary of State shall not authorise the compulsory purchase of any land required for the purposes of a F50foundation, voluntary or foundation special school unless he is satisfied that the arrangements made—

a

as to the vesting of the land to be purchased, and

b

as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by the F182local authority will not include any expenditure which, if the land had been purchased by the governing body of the school, would have fallen to be borne by the governing body.

3

are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the governing body of the school, would have fallen to be borne by the governing body.

Appointment of chief education officer

532 Appointment of chief education officer.

F121The duties of a F182local authority in Wales under the Local Government Act 1972 with respect to the appointment of officers shall (without prejudice to the generality of the provisions of that Act) include the duty of appointing a fit person to be the chief education officer of the authority.

F205Direct payments

Annotations:

Amendments (Textual)

F205

Ss. 532A-532C and cross- heading inserted (15.11.2011) by Education Act 2011 (c. 21), ss. 75(1), 82(1)(f)

532APersons with special educational needs or subject to learning difficulty assessment

1

A local authority in England may make a payment (a “direct payment”) for the purpose of securing the provision of any goods and services mentioned in subsection (2) to a person (“the beneficiary”)—

a

for whom the authority maintain a statement of special educational needs under section 324, or

b

who is subject to learning difficulty assessment by the authority.

This power is subject to subsection (3).

2

The goods and services referred to in subsection (1) are—

a

where the beneficiary is within subsection (1)(a), special educational provision specified in the statement of special educational needs;

b

where the beneficiary is within subsection (1)(b) and the authority have arranged for an assessment to be conducted under section 139A of the Learning and Skills Act 2000, provision identified in the assessment as required to meet the beneficiary's educational and training needs;

c

transport or anything else that may be the subject of arrangements under section 508B(1), 508F(1) or 509AA(7)(b) that apply in relation to the beneficiary.

3

A direct payment may be made only in accordance with a pilot scheme made under section 532B.

section 508B(1) (duty to make travel arrangements for eligible children);

c

section 508F(1) (duty to make arrangements for provision of transport etc for adult learners);

d

section 509AA(7)(b) (duty to make, and secure that effect is given to, arrangements for provision of transport etc for persons of sixth form age).

10

“Paid-for goods and services” are goods and services acquired by means of a direct payment.

532CPilot schemes: local authorities and duration

1

An order under section 532B(1) making a pilot scheme must specify—

a

the local authorities in respect of which the scheme operates, and

b

the period for which the scheme has effect.

2

The period specified under subsection (1)(b) must not exceed two years, subject to subsection (3).

3

An order under section 532B(1) may extend the period for which a pilot scheme has effect, subject to subsection (4).

4

The period for which a pilot scheme has effect may not be extended so as to end after the end of the relevant four year period.

5

“The relevant four year period” is the period of four years beginning with the day on which the Education Act 2011 is passed.

Chapter III Ancillary functions of governing bodies

Provision of services

533F92Functions of governing bodies of maintained schools with respect to provision of school meals etc.

1

The governing body of any school maintained by a F182local authority shall—

a

afford the authority such facilities as they require to enable them to perform their functions under section 512, and

b

allow the authority to make such use of the premises and equipment of the school, and such alterations to the school buildings, as the authority consider necessary for that purpose.

2

Nothing in subsection (1) shall require the governing body of F52any such school to incur any expenditure.

3

Where the governing body of a school which has a delegated budget (within the meaning of Part II F53of the School Standards and Framework Act 1998) provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they F96may charge for anything so provided.

F974

Where the governing body of a school exercise the power to charge under subsection (3), they must charge every person the same price for the same quantity of the same item.

F54534. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

535 Provision of teaching services for day nurseries.

1

Subject to subsection (2), the governing body of F55a community, foundation or voluntary primary school having one or more nursery classes may, in accordance with arrangements made by them for that purpose, make available to a day nursery F132 in England or Wales or to a registered early years provider in England the services of any teacher who is employed by them in the school and has agreed to provide his services for the purposes of the arrangements.

2

No arrangements shall be made under subsection (1) except at the request of the F182local authority and on terms approved by them.

3

Arrangements under this section may make provision—

a

for the supply of equipment for use in connection with the teaching services made available under the arrangements,

b

for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery F133 or (as the case may be) the registered early years provider , and

c

for any supplementary or incidental matters connected with the arrangements, F134including—

i

in relation to England, any charges to be imposed in connection with the arrangements, and

ii

in relation to Wales, where the teacher's school and the day nursery are in the areas of different F183local authorities , financial adjustments between those authorities.

F1354

In this section—

“day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children);
“registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

5 Medical arrangements

F56536. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IV Provision of information by governing bodies etc.

537 Power of Secretary of State to require information from governing bodies etc.

F571

The Secretary of State may by regulations make provision requiring—

a

the governing body of every school which is—

i

maintained by a F182local authority, or

ii

a special school which is not maintained by such an authority, and

b

the proprietor of every independent school,

to provide such information about the school as may be prescribed.

2

For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.

3

Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to—

a

assist parents in choosing schools for their children;

b

increase public awareness of the quality of the education provided by the schools concerned and of the educational standards achieved in those schools; or

c

assist in assessing the degree of efficiency with which the financial resources of those schools are managed.

4

Information which is required by virtue of regulations under this section shall be provided—

a

in such form and manner,

b

on such occasions, and

c

to such person or persons, in addition to or in place of the Secretary of State,

as may be prescribed F58; and regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement of such regulations relating to the provision of information to the Secretary of State..

5

No information provided in accordance with regulations under this section shall name any pupil to whom it relates.

6

The Secretary of State may—

a

publish information provided in accordance with regulations under this section in such form and manner as he considers appropriate;

b

make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section;

c

make regulations requiring F183local authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.

7

The Secretary of State may make regulations requiring—

a

the governing body of any school which is maintained by a F182local authorityF59. . .,

b

the proprietor of any city technology college F60, city college for the technology of the arts or F61Academy, or

c

any F182local authority,

to provide prescribed persons with prescribed categories of information published under subsection (6).

8

Information provided under subsection (7) shall be provided in such form and manner as may be prescribed.

F859

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8510

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

Without prejudice to the generality of section 569(4), regulations under this section may make provision for the designation by the Secretary of State, in accordance with the regulations, of particular schools or classes of schools for the purposes of the application of particular provisions of the regulations in relation to such schools.

12

This section is not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise to require, the provision of information by any person.

13

This section does not apply to nursery schools.

537AF62 Provision of information about individual pupils.

1

Regulations may make provision requiring—

a

the governing body of every school which is—

i

maintained by a F182local authority, or

ii

a special school which is not maintained by such an authority, and

b

9

In this section—

“child” means a person under the age of 19;
“funded education” means education provided under arrangements made by a F182local authority in pursuance of the duties imposed by section 19(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school;
“individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise;
“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.

F204537CDisclosure of information by or to principal regulators of exempt charities

1

Nothing in any provision made by or under section 537, 537A or 537B requires or authorises the provision of information—

a

by the principal regulator of an exempt charity (within the meaning of section 13 of the Charities Act 2006), if the information was received by that principal regulator in its capacity as such; or

b

to the principal regulator of an exempt charity in its capacity as such.

2

Nothing in subsection (1) prevents the disclosure of information under section 10A of the Charities Act 1993.

C43538 Provision of information to Secretary of State by governing bodies of maintained schools.

The governing body or temporary governing body of F63a community, foundation or voluntary school or a community or foundation special school shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of the exercise of his functions in relation to education.

F64539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

540 Distribution of information about schools providing secondary education.

1

Where the governing body of any school providing primary education receive a request which—

a

is made by the governing body of any school providing secondary education, and

b

relates to the distribution of information about the school providing secondary education to parents of pupils at the school providing primary education without charge to those parents,

the governing body of that school shall secure that the request is treated no less favourably (whether as to services provided or as to the terms on which they are provided) than any such request made by the governing body of any other school providing secondary education.

F652

In this section “school” means—

published under section 50 of the M4Further and Higher Education Act 1992 (information with respect to institutions within the further education sector), and

b

made available to governing bodies and proprietors for distribution.

3

Information provided under subsection (1) shall be provided in such form and manner as may be prescribed.

F684

In this section “school” means—

a

any community, foundation or voluntary school, or

b

any community or foundation special school (which is not established in a hospital).

Part IX Ancillary functions

Chapter I Ancillary functions of Secretary of State

General functions

C1C25495 Determination of disputes.

C2C401

C402

3

C3C4C5C6C7C22C25C26C30C32C41C44C49C53C51C56496C49 Power to prevent unreasonable exercise of functions.

1

2

a

F2b

F2003

a

b

4

a

b

F1655

C8C9C10C11C23C25C26C31C33C37C39C42C45C50C54C52C57497C50 General default powers.

1

a

b

2

a

F4b

3

F2014

a

b

5

a

b

F1666

C25C27C12C34C46F5497A Power to secure proper performance of F184local authority’s education functions .

F1851

2

F752A

a

b

3

F774

F784A

4B

F795

a

b

6

a

F80b

7

F1678

C25C28C35C47497AAF84 Power to secure proper performance: duty of authority where directions contemplated

a

b

C25C29C13C36C48F6497B Power to secure proper performance: further provisions.

1

F831A

a

b

2

a

b

C203

a

b

i

ii

4

5

a

b

6

7

Appointment of governors, etc.

C14C15C25498 Powers where no properly constituted governing body.

1

a

b

F72

C1 C25495 Determination of disputes.

C2 C401

C3 C4 C5 C6 C7 C22 C25 C26 C30 C32 C41 C44 C49 C53 C51 C56496C49 Power to prevent unreasonable exercise of functions.

C8 C9 C10 C11 C23 C25 C26 C31 C33 C37 C39 C42 C45 C50 C54 C52 C57497C50 General default powers.

C25 C27 C12 C34 C46F5497A Power to secure proper performance of F184local authority’s education functions .

C25 C28 C35 C47497AAF84 Power to secure proper performance: duty of authority where directions contemplated

C25 C29 C13 C36 C48F6497B Power to secure proper performance: further provisions.

C14 C15 C25498 Powers where no properly constituted governing body.

F86 C16 C17507 Power to direct local inquiries.