Further Education and Training Act 2007

4 Strategies for functions of Council

Before section 25 of LSA 2000, and after the italic cross-heading preceding that section, insert—

“24A Strategies for functions of Council

(1) The Secretary of State may by order specify an area in England as an area for which a body specified in the order may formulate and keep under review a strategy setting out how such functions of the Council as are specified in the order are to be carried out in relation to the area.

(2) An order under subsection (1) may specify an area comprising the whole of England.

(3) An order under subsection (1) may not specify an area in England consisting only of Greater London or a part of Greater London.

(4) The Secretary of State may give to a body specified in an order under subsection (1) directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—

(a) the form and content of the strategy;

(b) the updating of the strategy;

(c) the steps to be taken when the body is formulating or reviewing the strategy;

(d) the matters to which the body is to have regard when formulating or reviewing the strategy;

(e) the consultation to be carried out when the body is formulating or reviewing the strategy.

(5) It is the duty of a body specified in an order under subsection (1) to comply with any directions given to it by the Secretary of State under subsection (4).

(6) It is the duty of a body specified in an order under subsection (1) to have regard to any guidance given to it by the Secretary of State under subsection (4).

(7) The Council may pay to a body specified in an order under subsection (1) such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.

24B Strategy for functions of Council: Greater London

(1) The Secretary of State must by regulations provide for the establishment of a body for the purposes of discharging the functions set out in subsection (2).

(2) The body established under this section must—

(a) formulate a strategy setting out how specified functions of the Council are to be carried out in Greater London, and

(b) keep it under review.

(3) Specified functions are functions of the Council specified for the purposes of this section by order of the Secretary of State.

(4) The Secretary of State may give to the body established under this section directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—

(a) the form and content of the strategy;

(b) the updating of the strategy;

(c) the steps to be taken when the body is formulating or reviewing the strategy;

(d) the matters to which the body is to have regard when formulating or reviewing the strategy;

(e) the consultation to be carried out when the body is formulating or reviewing the strategy.

(5) It is the duty of the body established under this section to comply with any directions given to it by the Secretary of State under subsection (4).

(6) It is the duty of the body established under this section to have regard to any guidance given to it by the Secretary of State under subsection (4).

(7) Where the body established under this section formulates a strategy under this section, or in consequence of a review of the strategy modifies it, the body must publish the strategy or modified strategy in such manner as it thinks fit.

(8) Regulations under this section must include—

(a) provision for the body to consist of the Mayor of London and such other persons as are appointed by the Mayor in accordance with the regulations;

(b) provision for the Mayor to be the chairman of the body.

(9) The Council may pay to the body established under this section such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.

(10) The Council may pay to the Greater London Authority such sums as appear to the Council appropriate for enabling the Authority to meet costs and expenses incurred, or to be incurred, by the Mayor in connection with the exercise of functions conferred on him by regulations under this section or as chairman of the body established under this section.

24C Duty of Council

(1) The Council must carry out any function to which a strategy under section 24A or 24B relates in accordance with that strategy.

(2) Subsection (1) is subject to the following provisions of this section.

(3) The Council may not carry out a function in accordance with such a strategy if in doing so it would fail to comply with a duty imposed on it by or under any enactment other than subsection (1).

(4) If provision in the Council’s strategy under section 16 conflicts with provision in a strategy under section 24A (or section 24B), the Council may disregard the provision in the strategy under section 24A (or section 24B) so far as it conflicts with the provision in the Council’s strategy under section 16.

(5) If provision in a strategy under section 24A conflicts with provision in another strategy, being a strategy under section 24A or section 24B, the Council may disregard such conflicting provision in one of the strategies or in both of them.

(6) The Council may disregard a strategy under section 24A (or section 24B) if the body whose strategy it is, in formulating or reviewing the strategy—

(a) failed to comply with directions given under section 24A(4) (or section 24B(4)), or

(b) failed to have regard to guidance given under section 24A(4) (or section 24B(4)).

(7) Nothing in subsection (1) requires the Council to carry out any of its functions in a manner that it is satisfied—

(a) would be unreasonable, or

(b) might give rise to disproportionate expenditure.

(8) If the Council proposes not to carry out, or does not carry out, a function to which a strategy under section 24A or 24B relates in accordance with the strategy—

(a) the Council must refer the matter to the Secretary of State;

(b) the body whose strategy it is may refer the matter to the Secretary of State.

(9) On a reference under subsection (8) the Secretary of State may give such direction to the Council as he thinks fit as to the carrying out of the function.

(10) The Council must comply with any direction that the Secretary of State may give it under subsection (9).”