Part I General

Chapter IIIF9local authorities

Annotations:

General functions

C113 General responsibility for education.

1

A F8local authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, F1and secondary educationF5and, in the case of a F8local authority in England, further education, are available to meet the needs of the population of their area.

2

The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—

F2a

the F7Chief Executive of Skills FundingF3...

F4aa

the National Assembly for Wales under Part 2 of the Learning and Skills Act 2000, or

b

the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.

F63

The reference in subsection (1) to further education is to further education for persons—

none

a

who are over compulsory school age but under 19, or

b

who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

4

For the purposes of this Act a person is subject to learning difficulty assessment if—

a

a learning difficulty assessment has been conducted in respect of the person, or

b

arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made.

5

In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties).

6

For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).