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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20020928.html

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2002 No. 928

CONTRACTING OUT

Contracting Out (Local Education Authority Functions) (England) Order 2002

  Made 28th March 2002 
  Coming into force 1st April 2002 

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament pursuant to section 77(2) of the Deregulation and Contracting Out Act 1994[1];

     Whereas the Secretary of State has consulted such representatives of local authorities as she considers appropriate in accordance with section 70(3)(a) of that Act;

     Now, therefore, the Secretary of State for Education and Skills, in exercise of the powers conferred on her by sections 70(2) and (4) and 77 of that Act, hereby makes the following Order - 

Citation, commencement and extent
     1.  - (1) This Order may be cited as the Contracting Out (Local Education Authority Functions) (England) Order 2002 and shall come into force on 1st April 2002.

    (2) This Order applies only in relation to England.

Interpretation
    
2. In this Order references to functions conferred by or under a section of any Act shall include any functions conferred by or under any order or regulation made under that section.

Contracting out of local education authority functions
    
3. Any function of a local education authority in England which is conferred by or under any of the provisions described in Schedule 1, 2 or 3 to this Order may be exercised by, or by employees of, such person as may be authorised in that behalf by the local education authority whose function it is.

Stephen Timms
Minister of State, Department for Education and Skills

28th March 2002



SCHEDULE 1
Article 3


FUNCTIONS CONFERRED BY OR UNDER THE EDUCATION ACT 1996(c. 56)




SCHEDULE 2
Article 3


FUNCTIONS CONFERRED BY OR UNDER THE SCHOOL STANDARDS AND FRAMEWORK ACT 1998(c. 31)


(a) section 6 (duty to prepare an Education Development Plan) except to the extent that the local education authority shall not authorise another person to

(b) section 14 (powers of intervention exercisable by local education authorities);

(c) section 15 (cases where local education authorities may exercise powers of intervention);

(d) section 16 (power of local education authorities appoint additional governors);

(e) section 17 (power of local education authorities to suspend right to delegate budget);

(f) section 26(1), (2), (3) & (4) (duty to prepare a draft Schools Organisation Plan and consult on it)

(g) section 28(5) and paragraph 5, Schedule 6 (consultation on proposals to establish or alter a community or foundation school and implementation of approved proposals)

(h) section 41 (responsibility for fixing dates of terms and holidays and times of sessions);

(i) section 42 (governors' reports and other information);

(j) section 44 (arrangements for government of new schools);

(k) section 48 and paragraph 1(3) of Schedule 14 (duty to prepare and consult on a scheme for financing of maintained schools).

(l) section 50 (effect of financial delegation);

(m) section 51 and schedule 15 (suspension of financial delegation for mismanagement etc.);

(n) section 52(1), (2), (3a), (4) (duty to prepare statements relating to local education authority's planned expenditure)

(o) section 54(3), (4) and (5) (staffing of community, voluntary controlled and community special schools where delegated budget suspended);

(p) section 55 (3) to (7) (staffing of foundation, voluntary aided and foundation special schools where delegated budget suspended);

(q) section 62 (local education authority's reserve power to prevent a breakdown of discipline);

(r) section 69 (duty to secure due provision of religious education);

(s) section 70 and schedule 20 (requirements relating to collective worship);

(t) section 71 (exceptions and special arrangements; provision for special schools);

(u) section 80 (local Education Authority's power to consent to provision of further education in maintained schools);

(v) section 86 (parental preferences);

(w) section 87 (no requirement to admit children permanently excluded from two or more schools);

(x) section 88 (admissions authorities and admission arrangements);

(y) section 92 (publication of information about admission);

(z) section 96 (direction to admit child to specified school);

(aa) section 97 (procedure for giving direction under section 96); and

(bb) section 105 (duty to provide information in relation to grammar school ballots);

(cc) section 120 (duty to prepare an Early Years Development Plan) except to the extent that the local education authority shall not authorise another person to adopt the plan (with or without modification).



SCHEDULE 3
Article 3


FUNCTIONS CONFERRED BY OR UNDER MISCELLANEOUS ENACTMENTS


Functions conferred on a local education authority by or under any of the following provisions:



EXPLANATORY NOTE

(This note is not part of the Order)


This Order enables a local education authority in England to authorise another person, or that person's employees, to exercise certain functions of local education authorities on behalf of that authority. Those functions are listed by reference to the statutory provisions which give local education authorities those functions in the 3 Schedules to this Order. Schedule 1 lists the functions conferred by the Education Act 1996, Schedule 2 lists the functions conferred by the School Standards and Framework Act 1998 and Schedule 3 lists the functions conferred by other enactments


Notes:

[1] 1994 c. 40.back

[2] 1996 c. 57back

[3] 1997 c. 44back

[4] 1992 c. 13back

[5] 2000 c. 21back

[6] 1995 c. 50back



ISBN 0 11 039751 7


  Prepared 12 April 2002


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