Search Legislation

The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010

Status:

This is the original version (as it was originally made).

Education Act 1996 (c. 56)

This section has no associated Explanatory Memorandum

7.—(1) EA 1996 is amended as follows.

(2) For “local education authority” and “LEA” in each place where those words occur substitute “local authority”.

(3) For “local education authorities” and “LEAs” in each place where those words occur substitute “local authorities”.

(4) Sub-paragraphs (2) and (3) are subject to—

(a)sub-paragraph (5);

(b)any amendment made to EA 1996 by any other provision of this Order.

(5) Sub-paragraph (2) does not apply in relation to—

(a)section 17(1)(b);

(b)the first 3 references to “local education authority” in paragraph 4(2)(e) of Schedule 39.

(6) In section 322—

(a)for the title substitute “Duty of certain bodies to help local authority”;

(b)in subsection (1) for the words “any Local Health Board, Primary Care Trust or local authority” substitute “another local authority, a Local Health Board or a Primary Care Trust”;

(c)in subsection (2)(a) for “by the local education authority of those functions” substitute “of those functions by the local authority that made the request”;

(d)in subsection (3) for the words “the case” in each place where they occur substitute “a case where the request is made”;

(e)omit subsection (5).

(7) In section 408—

(a)in subsection (6) omit the words after paragraph (e);

(b)after that subsection insert—

(6A) Regulations under this section shall not require information as is mentioned in subsection (6) to be made available—

(a)to a governing body except where relevant for the purposes of the performance of any of their functions;

(b)to a head teacher except where relevant for the purposes of the performance of any of the head teacher’s functions;

(c)to a local authority except where relevant for the purposes of the performance of any of their education functions.

(8) In section 447—

(a)in subsection (2) omit the words “, having consulted the appropriate local authority,”;

(b)after that subsection insert—

(2A) A local authority may not make a decision as mentioned in subsection (2) unless—

(a)they are the appropriate local authority, or

(b)they have consulted that authority.;

(c)in subsection (3) for the words “such a direction” substitute “a direction under subsection (2)”.

(9) In section 497A(1)—

(a)in the title, for the words “LEA’s functions” substitute “local authority’s education functions”;

(b)for subsection (1) substitute—

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

(10) In section 499—

(a)in subsection (1) for the words from “functions” to the end substitute “of their education functions”;

(b)in subsection (3) for the words from “functions” to the end substitute “of their education functions”;

(c)in subsection (5)(b) for the words from “functions as” to “education” substitute “education functions”.

(11) In section 509AB(7)(2)—

(a)in paragraph (a) for the words “the local education authority for a district” substitute “a district council for an area”;

(b)in paragraph (b) for the words “the local education authority for a London borough or” substitute “a London borough council or the Common Council of”.

(12) In section 564(3) at the end insert “for the purpose of the exercise of their education functions”.

(13) In section 566(1)(a) for the words “local education authority” substitute “local authority in connection with the exercise of their education functions”.

(14) In section 580—

(a)omit the entries relating to—

(i)area (of a local education authority);

(ii)local education authority; and

(iii)the local education authority;

(b)insert each of the following entries at the appropriate place—

education functionssection 579(1);
local authority in Englandsection 579(1);
local authority in Walessection 579(1)

(15) In paragraph 9 of Schedule 35A(3)—

(a)the existing provision becomes sub-paragraph (1);

(b)after that sub-paragraph add—

(2) In this paragraph and paragraph 10(1), “local authority” includes a district council for an area for which there is a county council.

(16) In paragraph 44(2)(b) of Schedule 39 for the words from “functions with respect to education conferred” to the end, substitute “of the local authority’s education functions”.

(1)

Section 497A was inserted by section 8 of the School Standards and Framework Act 1998 (c. 31) and amended by section 60 of the Education Act 2002 (c. 32).

(2)

Section 509AB was inserted by Schedule 19 to the Education Act 2002.

(3)

Schedule 35A was inserted by Part I of Schedule 7 to the Education Act 2002.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources