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

Consolidated Text As Enacted Cited authorities 195 Cited in Related
Vincent
Year2010

2010 No. 1158

Education, England And Wales

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

Made 31th March 2010

Coming into force in accordance with article 1

The Secretary of State for Children, Schools and Families makes this order in exercise of the powers conferred by sections 162 and 181(2) of the Education and Inspections Act 20061.

In accordance with 162(4) of that Act2this Order is made with the consent of the Welsh Ministers.

A draft of this Order has been laid before Parliament in accordance with section 182(3)(b) of that Act and approved by a resolution of each House of Parliament.

S-1 Citation and Commencement

Citation and Commencement

1. This Order may be cited as the Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 and comes into force on the thirty-fifth day after the day on which it is made.

S-2 Repeal of section 12 of the Education Act 1996

Repeal of section 12 of the Education Act 1996

2. Section 12 of EA 19963(local education authorities and their areas) is repealed.

S-3 Definitions for the purposes of the Education Act 1996

Definitions for the purposes of the Education Act 1996

3.—(1) Section 579 of EA 1996 (interpretation) is amended in accordance with paragraphs (2) and (3).

(2) In subsection (1)—

(a)

(a) at the appropriate place insert—

““education functions” means the functions specified in Schedule 36A;”;

(b)

(b) for the definition of “local authority” substitute—

““local authority” means—

(a) a local authority in England;

(b) a local authority in Wales;

“local authority in England” means—

(a) a county council in England;

(b) a metropolitan district council;

(c) a non-metropolitan district council for an area for which there is no county council;

(d) a London borough council; and

(e) the Common Council of the City of London (in their capacity as a local authority);

“local authority in Wales” means—

(a) a county council in Wales; and

(b) a county borough council;”.

(3) After subsection (4) insert the following—

S-4A

“4A For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.”

(4) After Schedule 36 to EA 1996 insert the Schedule set out in Schedule 1 to this Order.

S-4 Amendment of section 65 of the Children Act 2004

Amendment of section 65 of the Children Act 2004

4.—(1) Section 65(1) of the Children Act 20044is amended as follows.

(2) Omit the definitions of “children’s services authority in England” and “children’s services authority in Wales”.

(3) At the appropriate place insert—

““local authority” means—

(a) a local authority in England;

(b) a local authority in Wales;

“local authority in England” means—

(a) a county council in England;

(b) a metropolitan district council;

(c) a non-metropolitan district council for an area for which there is no county council;

(d) a London Borough council;

(e) the Common Council of the City of London (in their capacity as a local authority);

(f) the Council of the Isles of Scilly;

“local authority in Wales” means—

(a) a county council in Wales;

(b) a county borough council;”.

S-5 Consequential and connected amendments, repeals and transitional provisions

Consequential and connected amendments, repeals and transitional provisions

5.—(1) Schedule 2 (which contains consequential and connected amendments) has effect.

(2) The enactments specified in the first column of Schedule 3 are repealed to the extent specified in the second column.

(3) Schedule 4 (which contains transitional provisions) has effect.

Iain Wright

Parliamentary Under Secretary of State

Department for Children, Schools and Families

31st March 2010

SCHEDULE 1

Article 3

Education functions–Schedule to be inserted in Education Act 1996 as Schedule 36A

SCH-1.1

1. Functions conferred on a local authority under the Education Acts (as defined in section 578).

SCH-1.2

2. Functions conferred on a local authority under the enactments specified in the first column of the table below (being the functions which are described in general terms in the second column of that table).

Enactment

Nature of functions

Children and Young Persons Act 1933 (c. 12)

Section 18

Making of byelaws relating to the employment of children.

Superannuation Act 1972 (c. 11)

Section 9(5A)5

Payment of injury benefit to or in respect of teachers.

Employment and Training Act 1973 (c. 50)

Sections 10 and 10A6

Powers and duties relating to careers services

Section 12

Duty to provide information to the Secretary of State.

Sex Discrimination Act 1975 (c. 65)

Section 25

General duty to secure that facilities for education are provided without sex discrimination.

Public Passenger Vehicles Act 1981 (c. 14)

Section 46

Power to use a school bus to carry fare-paying passengers.

Representation of the People Act 1983(c.2)

Paragraph 2 of Schedule 5

Duty to prepare and revise lists of rooms in school premises which candidates may use.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

Section 5(1) to (4), (6) and (8)

Duty to require the appropriate officer to give an opinion as to whether a child with a statement is disabled.

Children Act 1989 (c. 41)

Section 36 and Part 3 of Schedule 3 (except paragraph 19(2))

Education supervision orders.

Disability Discrimination Act 1995 (c.50)

Sections 28C, 28G and 28T as modified by Schedule 4C7.

Duty to secure that disabled pupils are not placed at a substantial disadvantage.

Section 28D8

Duty to prepare an accessibility strategy.

Section 28E

Duty (as responsible body) to prepare an accessibility plan.

Section 28IC9

Duty to provide advice and information about disability discrimination in schools (in Wales).

Section 28ID

Duty to make arrangements in relation to the resolution of disputes (in Wales).

Section 28IE

Duty relating to the provision of independent advocacy services .

Learning and Skills Act 2000(c. 21)

Section 33J10

Duty to assist Welsh Ministers in planning the local curriculum.

Section 33K

Duty relating to delivery of local curriculum and joint working (in Wales).

Section 33L

Duty to have regard to guidance and comply with directions relating to section 33K.

Section 83

Duty (of local authority in Wales) to provide information to Chief Inspector.

Section 84

Duties relating to preparation of an action plan following an area inspection in Wales.

Sections 96, 101 and 102

Duties as an “authorised body” relating to qualifications.

Sections 123 to 125 and 128

Support services for 11 to 25 years olds: Wales.

Section 139A11

Duty to arrange assessments relating to learning difficulties.

Section 140(5)

Duty to send copy of a statement of special educational needs to the Welsh Ministers if requested.

Schedules 7 and 7A12

Duty to implement approved proposals relating to sixth forms.

Local Government Act 2000(c. 22)

Paragraphs 7, 8 and 9 of Schedule 1

Duty to include certain persons on overview and scrutiny committee if it relates to education functions.

Nationality, Immigration and Asylum Act 2002 (c. 41)

Section 37

Powers and duties relating to education of a child in an accommodation centre.

Anti-social Behaviour Act 2003(c. 38)

Sections 19, 20, 21 and 22A

Powers and duties relating to parenting orders and parenting contracts.

National Health Service Act 2006 (c. 41 )

Paragraph 5 of Schedule 1

Duty to make available to the Secretary of State appropriate accommodation for enabling the Secretary of State to arrange for medical inspections in schools.

National Health Service (Wales) Act 2006 (c. 42)

Paragraph 5 of Schedule 1

Duty to make available to the Welsh Ministers appropriate accommodation for enabling them to arrange for medical inspections in schools.

SCHEDULE 2

Article 5(1)

Consequential and Connected Amendments

1 Education Acts

PART 1

Education Acts

SCH-2.1

1. Education (Fees and Awards) Act 1983 (c. 40)

In section 1 of the Education (Fees and Awards) Act 1983 for “local education authority” in each place where those words occur substitute “local authority”.

SCH-2.2

2. Further Education Act 1985 (c. 47)

(1) The Further Education Act 1985 is amended as follows.

(2) For “local education authority” and “local education authorities” in each place where those words occur except in section 3(8)(a) and (b) substitute “local authority” and “local authorities” respectively.

(3) In section 3(8)(a) and (b) for “functions as a local education authority” substitute “education functions”.

SCH-2.3

3. Education (No 2) Act 1986 (c. 61)

In the Education (No 2) Act 1986 for “local education authority” in each place where those words occur substitute “local authority”.

SCH-2.4

4. Education Reform Act 1988 (c. 40)

(1) The Education Reform Act 1988 is amended as follows.

(2) For “local education authority” and “local education authorities” in each place where those words occur, except in sections 163, 221, and 231(4), substitute “local authority” and “local authorities” respectively.

(3) In section 163 omit subsection (1).

(4) For subsection (1) of section 221 substitute—

SCH-2.1

“1 This section applies to any contract made after 20th November 1987—

(a) for purposes connected with a local authority’s education functions, between the authority and a person employed by the authority; or

(b) between a governing body of a foundation, voluntary aided or foundation special school and a person employed by the governing body,

other than a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.”

(5) In section 231 omit subsection (4).

(6) In section 235(1) omit the definition of “local authority”.

(7) In paragraph 4 of Schedule 7 after sub-paragraph (7) insert—

SCH-2.8

“8 In this paragraph “local authority” includes a non-metropolitan district council for an area for which there is a county council.”

(8) In paragraph 3 of Schedule 7A after sub-paragraph...

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