Children and Young Persons Act 1933

96 ` Provisions as to local authorities. E+W

(1) Subject to the modifications hereinafter contained as to the City of London, where any powers or duties are by [F1 Part II of this Act] conferred or imposed on local authorities (by that description) those powers and duties shall . . . F2 be powers and duties of local education authorities . . . F2 .

[F3 (1A) The local authorities for the purposes of Parts III and IV of this Act shall be the council of counties (other than metropolitan counties), of metropolitan districts and of London boroughs and the Common Council of the City of London [F4 but, in relation to Wales, shall be the councils of counties and county boroughs].]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) Expenses incurred by a local authority in connection with powers and duties which are, under this Act, exercised and performed by them as local education authorities [F6 shall be defrayed as expenses under the enactments relating to education].

(4) Expenses incurred under this Act by the council of a county or county borough, exclusive of any expenses to be defrayed [F6 in accordance with] the last foregoing subsection . . . F2 shall be defrayed . . . F7 as expenses for general county purposes or, as the case may be, out of the general rate.

[F8 (4A) Subsection (4) above does not apply in relation to the council of any Welsh county or county borough.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(7) F11 . . . a local authority may refer to a committee appointed for the purposes of this Act, or to any committee appointed for the purposes of any other Act, any matter relating to the exercise by the authority of any of their powers under this act and may delegate any of the said powers (other than any power to borrow money) to any such committee.

(8) A local authority, or a committee to whom any powers of a local authority under this Act have been delegated, may by resolution empower the clerk or the chief education officer of the authority to exercise in the name of the authority in any case which appears to him to be one of urgency any powers of the authority or, as the case may be, of the committee with respect to the institution of proceedings under this Act.

Annotations:

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Amendments (Textual)

F1 Words substituted by Children Act 1948 (c. 43), Sch. 3

F2 Words repealed by Education Act 1944 (c.31),Sch.9 Pt.1

F3 S. 96(1A) inserted (1.4.1981) by Child Care Act 1980 (c. 5), Sch. 5 para. 1

F4 Words at the end of s. 96(1A) added (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 1(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1

F5 S. 96(2) repealed by Education Act 1944 (c. 31), Sch. 9

F6 Words substituted by Education Act 1944 (c. 31), Sch. 8 which 1944 Act was repealed (1.11.1996) by 1996 c. 56, s. 582(2), Sch. 38 Pt. I (with ss. 1(4), 582(3), Sch. 39), and by s. 582(1), Sch. 37 Pt. I para.1 of that 1996 Act it is provided (1.11.1996) that s. 96 should continue to have effect with the amendments originally made by Sch. 8 to the 1944 Act

F7 Words repealed by National Assistance Act 1948 (c. 29), s. 62, Sch. 7 Pt. III

F8 S. 96(4A) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 1(3) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1

F9 S. 96(5) repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34(3), Sch. 6 Pt. II

F10 S. 96(6) repealed by London Government Act 1963 (c. 33). s. 93, Sch. 18 Pt. II

F11 Words in s. 96(7) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

Modifications etc. (not altering text)

C1 Reference to expenses for general county purposes to be construed as reference to general expenses of a county council, and references to clerk of a local authority to be construed as reference to proper officer of a local authority: Local Government Act 1972 (c. 70), Sch. 29 Pt I paras. 3(a), 4(1)(a)

C2 S. 96(1) amended by Children and Young Persons Act 1963 (c. 37), s. 56(1)

C3 S. 96(4) excluded by London Government Act 1963 (c. 33), s. 47(2)