Learning and Skills Act 2000

[F1 24C Duty of Council E+W

(1) The Council must carry out any function to which a strategy under section 24A or 24B relates in accordance with that strategy.

(2) Subsection (1) is subject to the following provisions of this section.

(3) The Council may not carry out a function in accordance with such a strategy if in doing so it would fail to comply with a duty imposed on it by or under any enactment other than subsection (1).

(4) If provision in the Council’s strategy under section 16 conflicts with provision in a strategy under section 24A (or section 24B), the Council may disregard the provision in the strategy under section 24A (or section 24B) so far as it conflicts with the provision in the Council’s strategy under section 16.

(5) If provision in a strategy under section 24A conflicts with provision in another strategy, being a strategy under section 24A or section 24B, the Council may disregard such conflicting provision in one of the strategies or in both of them.

(6) The Council may disregard a strategy under section 24A (or section 24B) if the body whose strategy it is, in formulating or reviewing the strategy—

(a) failed to comply with directions given under section 24A(4) (or section 24B(4)), or

(b) failed to have regard to guidance given under section 24A(4) (or section 24B(4)).

(7) Nothing in subsection (1) requires the Council to carry out any of its functions in a manner that it is satisfied—

(a) would be unreasonable, or

(b) might give rise to disproportionate expenditure.

(8) If the Council proposes not to carry out, or does not carry out, a function to which a strategy under section 24A or 24B relates in accordance with the strategy—

(a) the Council must refer the matter to the Secretary of State;

(b) the body whose strategy it is may refer the matter to the Secretary of State.

(9) On a reference under subsection (8) the Secretary of State may give such direction to the Council as he thinks fit as to the carrying out of the function.

(10) The Council must comply with any direction that the Secretary of State may give it under subsection (9). ]

Textual Amendments

F1 Ss. 24A-24C inserted (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 4, 32(5); S.I. 2008/313, art. 2(c)