22 Maintenance and other funding of schools.E
(1)A local education authority are under a duty to maintain the following schools—
(a)any maintained schools which they are required to maintain by virtue of section 20(4) or (5);
(b)any maintained schools established by themF1...;
(c)any maintained schools established in their areaF2... otherwise than by them or any other local education authority; and
(d)any maintained nursery school established by them.
(2)Subsection (1) has effect subject to the transfer under this Part of a maintained school from the area of one local education authority to that of another, and to the provisions of this Part relating to the discontinuance of schools.
(3)In the case of a community school, a community special school or a maintained nursery school, the local education authority’s duty to maintain the school includes—
(a)the duty of defraying all the expenses of maintaining it, and
(b)the duty of making premises available to be used for the purposes of the school.
(4)In the case of a foundation, voluntary controlled or foundation special school, the local education authority’s duty to maintain the school includes—
(a)the duty of defraying all the expenses of maintaining it, and
(b)the duty, [F3under any enactment of providing new premises for the school].
(5)In the case of a voluntary aided school, the local education authority’s duty to maintain the school includes—
(a)the duty of defraying all the expenses of maintaining it, except any [F4expenditure that by virtue of paragraph 3 of Schedule 3 is to be met] by the governing body, and
(b)the duty, [F5under any enactment of providing new premises for the school].
(6)For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.
(7)Schedule 3 (which makes provision as to the functions of governing bodies, local education authorities and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.
(8)In this Act—
(a)in relation to a school maintained (or proposed to be maintained) by a local education authority, “the local education authority” means that authority; and
(b)in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.
(9)In this Act “maintained nursery school” means a nursery school which is maintained by a local education authority and is not a special school.
Extent Information
E1This version of this provision extends to England only; a separate version has been created for Wales.
Textual Amendments
F1Words in s. 22(1)(b) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F2Words in s. 22(1)(c) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F3Words in s. 22(4)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F4Words in s. 22(5)(a) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 3
F5Words in s. 22(5)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
22 Maintenance and other funding of schools.W
(1)A local education authority are under a duty to maintain the following schools—
(a)any maintained schools which they are required to maintain by virtue of section 20(4) or (5);
F6(b)any maintained schools established by them F7. . . ;
F8(c)any maintained schools established in their area F9. . . otherwise than by them or any other local education authority; and
(d)any maintained nursery school established by them.
(2)Subsection (1) has effect subject to the transfer under this Part of a maintained school from the area of one local education authority to that of another, and to the provisions of this Part relating to the discontinuance of schools.
(3)In the case of a community school, a community special school or a maintained nursery school, the local education authority’s duty to maintain the school includes—
(a)the duty of defraying all the expenses of maintaining it, and
(b)the duty of making premises available to be used for the purposes of the school.
(4)In the case of a foundation, voluntary controlled or foundation special school, the local education authority’s duty to maintain the school includes—
(a)the duty of defraying all the expenses of maintaining it, and
F10(b)the duty, [F11under any enactment of providing new premises for the school] .
(5)In the case of a voluntary aided school, the local education authority’s duty to maintain the school includes—
(a)the duty of defraying all the expenses of maintaining it, except any expenses that by virtue of paragraph 3 of Schedule 3 are payable by the governing body, and
F12(b)the duty, [F13under any enactment of providing new premises for the school] .
(6)For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.
(7)Schedule 3 (which makes provision as to the functions of governing bodies, local education authorities and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.
(8)In this Act—
(a)in relation to a school maintained (or proposed to be maintained) by a local education authority, “the local education authority” means that authority; and
(b)in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.
(9)In this Act “maintained nursery school” means a nursery school which is maintained by a local education authority and is not a special school.
Extent Information
E2This version of this provision extends to Wales only; a separate version has been created for England.
Textual Amendments
F6Words in s. 22(1)(b) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F7Words in s. 22(1)(b) repealed (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1)(2), 216, Sch. 21 para. 96(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1
F8Words in s. 22(1)(c) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F9Words in s. 22(1)(c) repealed (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1)(2), 216, Sch. 21 para. 96(2)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1
F10Words in s. 22(4)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F11Words in s. 22(4)(b) substituted (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 96(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1
F12Words in s. 22(5)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F13Words in s. 22(5)(b) substituted (19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 96(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1