Education Act 1993

Part IVFunctions where responsibility either shared or transferred

Introductory

15If an order under section 12(1)(a) or (b) of this Act 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

16In relation to any power under section 48 of this Act to publish proposals for the establishment of a grant-maintained school—

(a)references to establishing a school for the purpose of providing primary education include establishing a primary school which also provides secondary education, and

(b)references to establishing a school for the purpose of providing secondary education include establishing a secondary school which also provides primary education.

17(1)Where relevant education is only primary education—

(a)no proposals may be published under section 97 of this Act in respect of any grant-maintained school which is a secondary school or if the implementation of the proposals would cause the school to become a secondary school,

(b)no proposals may be published under section 105 of this Act in respect of any grant-maintained secondary school, and

(c)no direction may be given under section 151(2) of this Act to the governing body of any grant-maintained secondary school.

(2)Where relevant education is only secondary education—

(a)no proposals may be published under section 97 of this Act in respect of any grant-maintained school which is a primary school or if the implementation of the proposals would cause the school to become a primary school,

(b)no proposals may be published under section 105 of this Act in respect of any grant-maintained primary school, and

(c)no direction may be given under section 151(2) of this Act to the governing body of any grant-maintained primary school.

18The funding authority shall not by virtue of paragraph 3 or 5 of this Schedule be under any duty in respect of junior pupils who have not attained the age of five years.

Boarding schools

19The powers of the funding authority to publish proposals under sections 48 and 97 of this Act or to give notice of proposals under section 183 of this Act may, in particular, be so exercised as to secure the provision of boarding accommodation at boarding schools.

Other modifications of Part II

20Section 96 of this Act shall have effect as if the funding authority were among the persons who may submit objections under subsection (6) of that section to proposals under that section.

21Section 104 of this Act shall have effect as if—

(a)the reference in subsection (3) to the local education authority included the funding authority, and

(b)the funding authority were among the persons who may submit objections under subsection (7) of that section to proposals under that section.

22Section 109 of this Act shall have effect as if—

(a)subsection (1)(a) were omitted, and

(b)the funding authority were among the persons required to be consulted under subsection (5)(b).

23Section 149(4) of this Act shall have effect as if the reference to the Secretary of State were to the funding authority.