PART 6

SUPPLEMENTARY

Co-operation and facilitation

Local authorities’ duty to facilitate the performance of functions
67
1
A local authority in Wales must exercise its functions with a view to facilitating the performance of functions, by persons within subsection (2), that are conferred on them by or under Parts 2 to 4.
2
The persons are—
a
the head teacher of a maintained school or a maintained nursery school that is maintained by the local authority;
b
the governing body of a maintained school or a maintained nursery school that is maintained by the local authority;
c
a provider of funded non-maintained nursery education secured by the local authority;
d
the teacher in charge of a pupil referral unit maintained by the local authority;
e
the management committee for a pupil referral unit maintained by the local authority.
3
Subsection (4) applies where a local authority makes arrangements under section 19A of the Education Act 1996 (c. 56) for the provision of education to a child otherwise than at⁠—
a
a maintained school or maintained nursery school that is maintained by the local authority, or
b
a pupil referral unit that is maintained by the local authority.
4
The authority must exercise its functions with a view to facilitating the performance of their relevant functions by persons within subsection (5).
5
The persons are—
a
where the child is provided with the education at a maintained school or a maintained nursery school that is maintained by another local authority, the head teacher and governing body of the school;
b
where the child is provided with the education at a pupil referral unit that is maintained by another local authority, the teacher in charge of the unit, the management committee for the unit (if there is one) and that authority;
c
where the education is provided for the child otherwise than at a maintained school or pupil referral unit, any person who provides it.
6
The “relevant functions” of a person within subsection (5) are the functions conferred on that person, by or under Parts 2 to 4, in respect of the education.