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

JurisdictionUK Non-devolved
  • 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.
  • Section 12 of EA 1996
  • (1) Section 579 of EA 1996 (interpretation) is amended in accordance with paragraphs (2) and (3) .at the appropriate place insert—
      • “education functions” means the functions specified in Schedule 36A;
    ;
    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—
    • (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.
    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.(1) Section 65(1) of the Children Act 2004(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;
    .
    (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.(1) Functions conferred on a local authority under the Education Acts (as defined in section 578) .(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) .(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)
    Payment of injury benefit to or in respect of teachers.
    Employment and Training Act 1973 (c. 50)
    Sections 10 and 10A
    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 4C
    Duty to secure that disabled pupils are not placed at a substantial disadvantage.
    Section 28D
    Duty to prepare an accessibility strategy.
    Section 28E Duty (as responsible body) to prepare an accessibility plan.
    Section 28IC
    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 33J
    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 139A
    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 7A
    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.

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