Section 8 Duty of local education authorities to secure provision of primary and secondary schools.C3

England and Wales

C1(1)

It shall be the duty of every local education authority to secure that there shall be available for their area sufficient schools—

C2(a)

for providing F1primary education, that is to say, full-time education suitable to the requirements of junior pupils who have not attained the age of ten years and six months, and full-time education suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils who have not attained that age; and

F2(b)

for providing full-time education suitable to the requirements of pupils of compulsory school age, being either senior pupils or junior pupils who have attained the age of ten years and six months and whom it is expedient to educate together with senior pupils of compulsory school age.

and the schools available for an area shall not be deemed to be sufficient unless they are sufficient in number, character, and equipment to afford for all pupils opportunities for education offering such variety of instruction and training as may be desirable in view of their different ages, abilities, and aptitudes, and of the different periods for which they may be expected to remain at school, including practical instruction and training appropriate to their respective needs.

F3(1A)

A local education authority shall have power to secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, including provision for persons from other areas.

(2)

In F4exercising their functions under this section, a local education authority shall, in particular, have regard—

(a)

to the need for securing that primary and secondary education are provided in separate schools;

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

F6(c)

to the need for securing that special educational provision is made for pupils who have special educational needs; and

(d)

to the expediency of securing the provision of boarding accomodation, either in boarding schools or otherwise, for pupils for whom education as boarders is considered by their parents and by the authority to be desirable:

Provided that paragraph (a) of this subsection shall not have effect with respect to special schools.

F7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words substituted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 3(2)
F2: S. 8(1)(b) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 10(1); S.I. 1992/831, art.2, Sch. 3
F3: S. 8(1A) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 10(2); S.I. 1992/831, art. 2, Sch. 3
F4: Words in s. 8(2) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 10(3); S.I. 1992/831, art. 2, Sch. 3
F5: S. 8(2)(b) repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
F6: S. 8(2)(c) substituted by Education Act 1981 (c. 60, SIF 41:1), s. 2(1)
F7: S. 8(3) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 3, Sch.9; S.I. 1992/831, art. 2, Sch. 3

Modifications

C1: S. 8(1) modified (1.4.1994) by 1993 c. 35, s. 12(6), 298(8), Sch. 2 Pt. III paras. 4, 5(1)(with Sch. 18 para. 12); S.I. 1994/507, art. 4(1), Sch.2.
C2: S. 8(1)(a) explained by Education Act 1980 (c. 20, SIF 41:1), s. 24(2)
C3: S. 8 restricted by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 4(2)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), Sch. 38 Pt.I.