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The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010

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Education Act 2002 (c. 32)

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11.—(1) EA 2002 is amended as follows.

(2) For “local education authority” and “LEA” in each place where those words occur (except in section 141(4)(b), and in section 175(1) in the second place where those words occur) substitute “local authority”.

(3) For “local education authorities” and “LEAs” in each place where those word occur substitute “local authorities”.

(4) In section 11(9)—

(a)for “any such functions” substitute “the education functions”;

(b)for “as are or may become” substitute “that are or may become”.

(5) In section 14(3), in the definition of “non-teaching staff”, after “authority” insert “for purposes connected with the authority’s education functions”.

(6) In section 15 after subsection (3) add—

(4) In subsection (3) “local authority” includes a non-metropolitan district council for an area for which there is a country council.

(7) In section 21(10)(1) omit “in their capacity as a children’s services authority (within the meaning of that Act)”.

(8) In section 30—

(a)in subsection (3) after “authority’s” insert “education”;

(b)in subsection (4) for the words from “the governing body” (in the second place where they occur) to the end substitute—

may be required (either on a regular basis or from time to time)—

(a)by the governing body for the purposes of the exercise of any of their functions;

(b)by the authority for the purposes of the exercise of any of their education functions.

(9) In section 141(4) for paragraph (b) substitute—

(b)the other party to the contract is—

(i)a local authority which entered into the contract for purposes connected with any of their education functions,

(ii)the governing body of a school, or

(iii)a further education institution,.

(10) In section 142(9), in the definition of “relevant employer”—

(a)in paragraph (a) at the end insert “exercising an education function”;

(b)in paragraph (b) for the words from “the function” to “authority are” substitute “their education functions are”.

(11) In section 175(1) for “the functions conferred on them in their capacity as a local education authority” substitute “their education functions”.

(12) In section 212(1) after the definition of “contract of employment” insert—

“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);.

(1)

Subsections (5) to (9) were inserted by section 38(1) of the Education and Inspections Act 2002 and subsection (10) is inserted by section 194(9) of the Apprenticeships, Skills, Children and Learning Act 2009.

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