Part IX

Ancillary functions
Chapter II

Ancillary functions of local authorities

Provision of services

Local authorities in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24
507B
1
A
local authority
in England must, so far as reasonably practicable, secure for qualifying young persons in the authority's area access to—
a
sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and
b
sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.
2
“Qualifying young persons”, for the purposes of this section, are—
a
persons who have attained the age of 13 but not the age of 20; and
b
persons who have attained the age of 20 but not the age of 25 and have a learning difficulty
or disability
(within the meaning of
section 15ZA(6)(a) and (7)
).
3
For the purposes of subsection (1)(a)—
a
“sufficient educational leisure-time activities” which are for the improvement of the well-being of qualifying young persons in the authority's area must include sufficient educational leisure-time activities which are for the improvement of their personal and social development, and
b
“sufficient facilities for such activities” must include sufficient facilities for educational leisure-time activities which are for the improvement of the personal and social development of qualifying young persons in the authority's area.
4
References in the remaining provisions of this section to “positive leisure-time activities” are references to any activities falling within paragraph (a) or (b) of subsection (1).
5
For the purposes of subsection (1) a
local authority
may—
a
provide facilities for positive leisure-time activities;
b
assist others in the provision of such facilities;
c
make arrangements for facilitating access for qualifying young persons to such facilities;
d
organise positive leisure-time activities;
e
assist others in the organisation of such activities;
f
make arrangements for facilitating access for qualifying young persons to such activities;
g
enter into agreements or make arrangements with any person in connection with anything done or proposed to be done under any of paragraphs (a) to (f);
h
take any other action which the authority think appropriate.
6
For the purposes of subsection (5)—
a
the provision mentioned in paragraph (a) may include establishing, maintaining and managing places at which facilities for positive leisure-time activities are provided;
b
the assistance mentioned in paragraphs (b) and (e) may include the provision of financial assistance;
c
the arrangements mentioned in paragraphs (c) and (f) may include the provision of transport, of financial assistance or of information to any person.
7
Before taking any action for the purposes of subsection (1)
(“the proposed action”), a
local authority
must—
a
consider whether it is expedient for the proposed action to be taken by another person, and
b
where the authority consider that it is so expedient, take all reasonable steps to enter into an agreement or make arrangements with such a person for that purpose.
8
For the purposes of subsection (7)(a) a
local authority
must consult such persons as the authority think appropriate as to whether it is expedient for the proposed action to be taken by another person.
9
In exercising their functions under this section a
local authority
must—
a
take steps to ascertain the views of qualifying young persons in the authority's area about—
i
positive leisure-time activities, and facilities for such activities, in the authority's area;
ii
the need for any additional such activities and facilities; and
iii
access to such activities and facilities; and
b
secure that the views of qualifying young persons in the authority's area are taken into account.
10
A
local authority
in England must—
a
publicise information about positive leisure-time activities, and facilities for such activities, in the authority's area, and
b
keep the information publicised under paragraph (a) up to date.
11
A
local authority
may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority's area).
12
In exercising their functions under this section a
local authority
must have regard to any guidance given from time to time by
the Secretary of State
.
13
In this section—
- “
recreation
” includes physical training (and “
recreational
” is to be construed accordingly);
- “
sufficient
”, in relation to activities or facilities, means sufficient having regard to quantity;
- “
well-being
”, in relation to a person, means his well-being so far as relating to—
  1. physical and mental health and emotional well-being;
  2. protection from harm and neglect;
  3. education, training and recreation;
  4. the contribution made by him to society;
  5. social and economic well-being.
Words in s. 507B(2)(b) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 28 (with art. 2(3))
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
Words in s. 507B(2)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 45; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
S. 507B(12) functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(d) (with arts. 10(3), 11, 12)
Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))
S. 507A - S. 507B inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 6(1), 188(2)
S. 507B(12): transfer of functions (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 2(a) (with art. 4)
Words in s. 507B(12) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 10 (with art. 12)