Part 2E+W[F1Local authority] functions

Textual Amendments

Education and training for persons over compulsory school ageE+W

44Power to require provision of education by further education institutionE+W

(1)Before section 52 of the Further and Higher Education Act 1992 (c. 13) insert—

“51ADuty to provide for named individuals: England

(1)This section applies to an institution in England within the further education sector which provides education suitable to the requirements of persons over compulsory school age but under the age of 19.

(2)A [F1local authority] may by notice given to the governing body of such an institution—

(a)require them to provide specified individuals with such education falling within subsection (1) as is appropriate to the individuals' abilities and aptitudes;

(b)withdraw such a requirement.

(3)A [F1local authority] may specify an individual in a notice under subsection (2) only if the individual—

(a)is in the authority's area, and

(b)is over compulsory school age but under the age of 19.

(4)Before giving a notice under subsection (2) imposing a requirement on a governing body, a [F1local authority] must consult—

(a)the governing body, and

(b)such other persons as the authority think appropriate.

(5)The governing body of an institution within subsection (1) must secure compliance with a requirement that has been imposed under subsection (2) and has not been withdrawn.

(6)In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a [F1local authority] in England must have regard to any guidance given from time to time by the Secretary of State.”

(2)In section 52 of that Act—

(a)in subsection (1) after “institution” insert “ in Wales ”;

(b)in the title, at the end insert “ : Wales ”.

Commencement Information

I1S. 44 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)