Education Act 1996 (c. 56)

(The document as of February, 2008)

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11 Each local education authority shall--

(a) on such occasions, and

(b) in such form and manner,

as may be prescribed, make available to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Disapplication of Schedule 4

12 Schedule 4 (distribution of functions where order made under section 27) does not apply in relation to pupil referral units or the provision for pupils at such units of board and lodging (whether at units or elsewhere).

Children with special educational needs

13 Sections 317(1) to (4), 318 and 324(5)(b), and paragraph 3(4) of Schedule 27, apply in relation to pupil referral units as they apply in relation to maintained schools.

School attendance orders

14 (1) Where a pupil referral unit is named in a school attendance order--

(a) the local education authority shall inform the teacher in charge of the unit, and

(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2) Section 438(4) does not apply in relation to a pupil referral unit.

(3) A local education authority--

(a) shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another local education authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and

(b) if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.

(4) Section 439(7) and (8) apply where a notice is served on a local education authority under sub-paragraph (3) above as they apply where notice is served under section 439(6).

(5) The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the local education authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.

Sections 20 and 21.

SCHEDULE 2 The Funding Authorities

Status

1 A funding authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the authority shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

2 (1) Subject to sub-paragraph (2) below, a funding authority may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular--

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(d) accepting gifts of money, land or other property.

(2) A funding authority shall not borrow money.

3 (1) The Secretary of State may authorise a funding authority to purchase compulsorily any land required for the purpose of implementing any proposals under section 211, 212 or 260 (establishment or change in character of grant-maintained school) which are required to be implemented.

(2) The [1981 c. 67.] Acquisition of Land Act 1981 shall apply to compulsory purchase under this paragraph.

Tenure of members

4 (1) A person shall hold and vacate office as a member of a funding authority in accordance with the terms of his appointment and, on ceasing to be a member, shall be eligible for re-appointment.

(2) A member of a funding authority may at any time resign his office by notice in writing to the Secretary of State.

5 If the Secretary of State is satisfied that a member of a funding authority--

(a) has been absent from meetings of the authority for a period longer than six consecutive months without the permission of the authority, or

(b) is unable or unfit to discharge the functions of a member,

the Secretary of State may, by notice in writing to that member, remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

6 (1) A funding authority--

(a) shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine, and

(b) shall, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(2) If a person ceases to be a member of a funding authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the authority to make to that person a payment of such amount as the Secretary of State may determine.

(3) A funding authority shall pay to the members of any of their committees who are not members of the authority such travelling, subsistence and other allowances as the Secretary of State may determine.

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

7 (1) A funding authority may, with the approval of the Secretary of State as to numbers, appoint such employees as they think fit on such terms and conditions as to remuneration and other matters as the authority may determine.

(2) A determination under sub-paragraph (1) above requires the approval of the Secretary of State given with the consent of the Treasury.

(3) An employee of a funding authority may not be appointed as a member of the authority, and a member of a funding authority may not be appointed as an employee of the authority.

Chief officer

8 (1) One of the employees of a funding authority shall be the chief officer.

(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as to remuneration and other matters as the Secretary of State may with the consent of the Treasury determine.

(3) Each subsequent chief officer shall be appointed by the authority with the approval of the Secretary of State.

Superannuation of employees

9 (1) Employment with a funding authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply.

(2) A funding authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

(3) Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 6 above).

Committees

10 (1) A funding authority may establish a committee for any purpose.

(2) The authority shall fix the number of the members which a committee established under this paragraph may have, and the terms on which they are to hold and vacate office.

(3) A committee may include persons who are not members of the authority.

(4) The authority shall keep under review the structure of committees established by them under this paragraph and the scope of each committee's activities.

Delegation of functions

11 A funding authority may authorise the chairman, the chief officer or any committee established by them under paragraph 10 above to exercise such of their functions as they may determine.

Proceedings

12 Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to a funding authority under section 25--

(a) a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the authority or of any of their committees, and

(b) the authority shall provide the Secretary of State with such copies of any documents distributed to members of the authority or of any of their committees as he may require.

13 The validity of any proceedings of a funding authority or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

14 Subject to the preceding provisions of this Schedule, a funding authority may regulate their own procedure and that of any of their committees.

Accounts

15 (1) A funding authority shall--

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare a statement of accounts in respect of each financial year of the authority; and

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to--

(a) the information to be contained in it,

(b) the manner in which the information contained in it is to be presented, or

and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.

(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

(4) In this paragraph "financial year" means the period beginning with the date on which the authority is established and ending with the next following 31st March, and each successive period of twelve months.

Application of seal and proof of instruments

16 The application of the seal of a funding authority shall be authenticated by the signature--

(a) of the chairman or of some other person authorised either generally or specifically by the authority to act for that purpose, and

(b) of one other member.

17 Any document purporting to be an instrument made or issued by or on behalf of a funding authority and to be--

(a) duly executed under their seal, or

(b) signed or executed by a person authorised by the authority to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 22.

SCHEDULE 3 Transfer to funding authority of functions of Secretary of State

Functions relating to grant-maintained schools

1 (1) The Secretary of State may by order provide for any of his functions under the provisions of this Act mentioned in sub-paragraph (2) to be exercisable instead by a funding authority, either generally or in such circumstances as may be specified in the order.

(2) Those provisions are--

(a) sections 220 and 221 (alterations to instruments and articles of government);

(b) section 231(6) (consent to borrowing);

(d) section 302 (variation of trust deeds);

(e) paragraph 5 of Schedule 21 (transitional powers of governing bodies); and

(f) paragraph 15 of Schedule 22 (approval of schemes for payment of allowances to governors).

(3) An order under this paragraph may--

(a) confer or impose such related functions on the funding authority, and

(b) provide for Part III of this Act to have effect with such modifications,

as the Secretary of State considers necessary or desirable in connection with any transfer of any functions under the provisions of this Act mentioned in sub-paragraph (2).

Functions under agreements relating to CTCs and CCTAs

2 (1) The Secretary of State may by order provide--

(a) for a funding authority to exercise the function of making and receiving payments under all or any of the agreements which he has entered into or may enter into under section 482 (CTCs and CCTAs); and

(b) for any such agreement to have effect accordingly.

(2) Any sums received by a funding authority in the exercise of those functions shall be paid to the Secretary of State.

Functions in respect of grants for certain expenditure due to ethnic minority population

3 (1) The Secretary of State may by order impose on a funding authority the function of paying on his behalf grants under section 11 of the [1966 c. 42.] Local Government Act 1966 (grants in respect of ethnic minority population) so far as payable by him by virtue of section 490 (grants to grant-maintained schools, CTCs and CCTAs).

(2) The payments shall be of such amounts and be paid to such persons as the Secretary of State may, in accordance with section 11 of the Local Government Act 1966, determine.

Section 27.

SCHEDULE 4 Distribution of functions where order made under section 27

Part I Introductory

1 (1) Where an order under section 27 is in force, the Education Acts shall have effect subject to--

(a) this Schedule, and

(b) the provisions of this Act which modify the effect of any provision of those Acts, or confer new functions, in respect of any area to which such an order applies.

(2) In particular, to the extent that this Schedule governs the payments to be made to any local education authority or the governing body of any grant-maintained school in respect of charges by that authority or body for the provision of board and lodging (at a boarding school or otherwise than at school), section 458(2) to (5) and section 514(5) (charges) shall not apply.

(3) In this Schedule--

(a) sections 458(1) and 514(4) are referred to as the "existing charging provisions"; and

(b) "maintained school" means any county or voluntary school or any maintained special school not established in a hospital.

Part II Functions where responsibility for providing sufficient school places is shared

Introductory

2 If an order under section 27(1)(a) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

3 (1) If the schools providing relevant education which are available for the area are not sufficient, the funding authority shall, for the purpose of securing the availability of sufficient schools providing such education for the area, exercise their powers to make proposals for the establishment, alteration and discontinuance of schools.

(2) In performing that duty, the funding authority shall have regard to the need for securing that special educational provision is made for pupils who have special educational needs.

(3) The schools available for any area shall not be treated as sufficient for the purposes of this paragraph unless they are sufficient for the purposes of section 14(1) (duty of local education authority to secure availability of schools).

(4) Nothing in this paragraph requires a funding authority to take any action where to do so would not be an effective use of their resources.

(5) In this paragraph "powers to make proposals for the establishment, alteration and discontinuance of schools" means all or any of the powers to publish proposals under sections 211, 260 or 268 or give notice of proposals under section 339.

Part III Functions where responsibility for providing sufficient school places is transferred

Introductory

4 If an order under section 27(1)(b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

5 (1) The duty under section 14(1) shall be discharged by the funding authority instead of the local education authority.

(2) In discharging that duty the funding authority shall, in particular, have regard to the matters referred to in section 14(6)(b) (provision for pupils who have special educational needs).

(3) The funding authority may provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools; and, where the authority do so, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

(4) Where the governing body of a grant-maintained school provide board and lodging at the school for pupils there, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the governing body not exceeding the cost to the governing body of the provision.

6 (1) The local education authority may continue to secure the provision of relevant education falling within section 14(1) and (subject to paragraph 7) to secure the provision of schools for that purpose.

(2) In exercising those powers the local education authority shall, in particular, have regard to the matters referred to in section 14(6) (which include the separation of primary and secondary education, and the provision of boarding accommodation for those for whom boarding is desirable).

(3) Where the local education authority--

(a) provide board and lodging at a maintained school for pupils there, or

(b) provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools,

the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

Powers to establish, maintain and alter schools

7 (1) The local education authority may not exercise the power under section 16 to establish any school, or to begin to maintain as a county school any school which is not such a school, (in both cases referred to in this paragraph as "the school in question") unless--

(a) under sections 167 to 171 or section 173 their duty to maintain one or more other schools ceases; and

(b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools.

(2) This paragraph does not apply--

(a) to special schools;

(b) to nursery schools;

(c) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education; or

(d) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education.

8 (1) No proposals in respect of any school (referred to in this paragraph as "the school in question") published under section 41(1) (proposal that existing or proposed school should be maintained as a voluntary school) may be implemented unless--

(a) under sections 167 to 171 or section 173 the duty of the local education authority to maintain one or more other schools ceases; and

(b) the school in question is intended to provide education for pupils in the area which was served by the other school or (as the case may be) the other schools.

(2) This paragraph does not apply--

(a) where relevant education is only primary education, if the school in question is or will be a secondary school which also provides primary education; or

(b) where relevant education is only secondary education, if the school in question is or will be a primary school which also provides secondary education.

Charges for board and lodging or independent education

9 (1) Sub-paragraph (3) below applies where--

(a) any pupil of compulsory school age ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school;

(b) the funding authority are of the opinion that it is not practicable for the pupil to obtain admission to any maintained or grant-maintained school which is a reasonable distance from his home and provides efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have; and

(c) the authority are of the opinion that it is appropriate for the pupil to be provided with the particular board and lodging or, as the case may be, education.

(2) Sub-paragraph (3) below also applies where--

(a) any pupil ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school; and

(b) the funding authority are of the opinion that--

(i) the conditions in sub-paragraph (1) above have been, but are no longer, met by reason only of the pupil having ceased to be of compulsory school age or sub-paragraph (1)(b) above having ceased to apply, and

(ii) it would not be desirable for the pupil to cease to be provided with the particular board and lodging or, as the case may be, education.

(3) Where this sub-paragraph applies--

(a) if board and lodging is provided by the funding authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging;

(b) if board and lodging is provided at a maintained or grant-maintained school or by a local education authority, the funding authority shall pay the whole of the charges payable to any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and

(c) in any other case the funding authority shall pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education.

(4) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.

10 (1) This paragraph applies where any pupil ordinarily resident in the area is being provided--

(a) with board and lodging (at a boarding school or otherwise than at school), or

(b) with education at a school which is not a maintained or grant-maintained school,

but does not apply in any case where paragraph 9(3) applies.

(2) If board and lodging is provided at a school maintained by the responsible education authority and the authority are of the opinion that it is desirable for the pupil to be provided with board and lodging, or board and lodging otherwise than at school is provided by the authority, then--

(a) the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging; and

(b) if they are of the opinion that, in order to avoid financial hardship to the pupil's parent, the parent should not pay the whole or any part of those charges, the authority shall remit the whole or, as the case may be, that part of those charges.

(3) If board and lodging otherwise than at school is provided by the funding authority, or board and lodging is provided at a grant-maintained school or a school maintained by another local education authority, then--

(a) the responsible education authority may pay the charges payable to the funding authority, or any local education authority or governing body, under this Schedule or the existing charging provisions in respect of the board and lodging; and

(b) if they are of the opinion that it is desirable for the pupil to be provided with board and lodging, they shall pay so much (if any) of those charges as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

(4) In any other case to which this paragraph applies--

(a) the local education authority may pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education; and

(b) if they are of the opinion that it is--

(i) desirable for the pupil to be provided with board and lodging, and

(ii) appropriate for him to be provided with the particular board and lodging,

they shall pay so much (if any) of the fees payable in respect of board and lodging as in their opinion is required to be paid by them in order to avoid financial hardship to the parent; and

(i) desirable for the pupil to be provided with education otherwise than in a maintained or grant-maintained school, and

(ii) appropriate for him to be provided with the particular education,

they shall pay so much (if any) of the fees payable in respect of the education as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

(5) In this paragraph "the responsible education authority", in relation to a pupil ordinarily resident in any area, means the local education authority for the area.

(6) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.

11 (1) Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school, this paragraph applies if he is provided with board and lodging at the school or otherwise than at school and either--

(a) the school is named in the statement and--

(i) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the particular board and lodging are also provided, or

(ii) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging; or

(b) the school is not named in the statement but the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging.

(2) Where the board and lodging is provided by the responsible education authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging.

(3) Where the board and lodging is provided--

(a) by the funding authority or another local education authority, or

(b) at a grant-maintained school or a school maintained by another local education authority,

the responsible education authority shall pay the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging.

(4) In any other case to which this paragraph applies, the responsible education authority shall pay to the person providing the board and lodging the whole of the fees in respect of the board and lodging.

(5) In this paragraph "the responsible education authority", in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV (special educational needs).

12 (1) Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school and is provided with board and lodging at the school or otherwise than at school, then--

(a) where the board and lodging is provided by the responsible education authority, the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging;

(b) where the board and lodging is provided--

(i) by the funding authority or another local education authority, or

(ii) at a grant-maintained school or a school maintained by another local education authority,

the responsible education authority may pay the whole or any part of the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and

(c) in any other case, the responsible education authority may pay to the person providing the board and lodging the whole or any part of the fees in respect of the board and lodging.

(2) In this paragraph "the responsible education authority", in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV.

General

13 (1) The following provisions shall not apply--

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