Employment And Training Act 1973

F2[F1 10 Provision of services.E+W+S

(1)The Secretary of State may perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by making arrangements with—

(a)[F3local authorities]or (in Scotland) education authorities,

(b)persons of any other description, or

(c)[F3local authorities] or education authorities and persons of any other description acting jointly,

under which they undertake to provide, or arrange for the provision of, services in accordance with the arrangements; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.

(2)The Secretary of State may also perform the duty imposed on him by section 8 of this Act, and exercise the power conferred on him by section 9 of this Act, by giving directions to [F3local authorities] or education authorities requiring them to provide, or arrange for the provision of, services in accordance with the directions; and in doing so the Secretary of State shall have regard to the requirements of disabled persons.

(3)Directions given under this section may require [F3local authorities] and education authorities—

(a)to provide services themselves or jointly with other authorities or persons,

(b)to arrange for the provision of services by other authorities or persons, or

(c)to consult and co-ordinate in the provision, or in arranging for the provision, of services with other authorities or persons.

(4)Arrangements made, and directions given, under this section may include provision for the making of payments by the Secretary of State, whether by way of grant or loan or otherwise, to the persons with whom they are made or to whom they are given.

(5)Arrangements made, and directions given, under this section in exercise of the power conferred by section 9 of this Act may include provision permitting the making of charges for the provision of the services to which they relate.

(6)Arrangements made, and directions given, under this section shall require the person with whom they are made or to whom they are given—

(a)to provide, or arrange for the provision, of services in accordance with such guidance of a general character as the Secretary of State may give, and

(b)to furnish the Secretary of State, in such manner and at such times as he may specify in the arrangements or directions or in guidance given under paragraph (a) of this subsection, with such information and facilities for obtaining information as he may so specify.

(7)The Secretary of State may give directions to [F3local authorities] and education authorities requiring them to transfer (on such terms as may be specified in the directions) to any persons who are providing, or are to provide, services in accordance with arrangements made, or directions given, under this section any records of the authorities which may be relevant in the provision of the services.

(8)[F3local authorities] and education authorities shall have power—

(a)to provide services or arrange for the provision of services in accordance with arrangements made, or directions given, under this section (including services provided outside their areas) by any such means (including by the formation of companies for the purpose) as they consider appropriate, and

(b)to employ officers and provide facilities for and in connection with the provision of the services or arranging for the provision of the services;

but, where directions are given to [F3local authorities] and education authorities, the power conferred on them by this subsection shall be exercised in accordance with the directions.

(9)Where services are being provided in pursuance of arrangements made, or directions given, under this section, the authority with whom the arrangements are made or to whom the directions have been given shall have power, with the consent of the Secretary of State, to provide, or arrange for the provision of, more extensive (relevant) services than the arrangements authorise or the directions require and to employ more officers and provide more facilities accordingly.

(10)Nothing in sections 8 and 9 and this section shall make it unlawful for a [F4local authority] or education authority to defray the cost of exercising their powers under this section from resources other than payments of the Secretary of State.

(11)A direction given under this section may be revoked or varied by another direction so given.

(12)Nothing in this section shall be taken to limit the arrangements which may be made under section 2 of this Act.]

Textual Amendments

F1Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s. 45; S.I. 1993/2503, art. 2(2), Sch.2.

F2Ss. 8-10 substituted (30.11.1993) by 1993 c. 19, s.45; S.I. 1993/2503, art. 2(2), Sch.2.