Section 9 County schools, voluntary schools, nursery schools, and special schools.

England and Wales

(1)

For the purpose of fulfilling their F1functions under this Act, a local education authority shall have power to establish primary and secondary schools, to maintain such schools whether established by them or otherwise, and . . . F2 to assist any such school which is not maintained by them.

C1(2)

Primary and secondary schools maintained by a local education authority, not being nursery schools or special schools, shall, if established by a local education authority or by a former authority, be known as county schools and, if established otherwise than by such an authority, be known as voluntary schools:

Provided that any school which by virtue of any enactment repealed by this Act was to be deemed to be, or was to be treated as, a school provided by a former authority shall, notwithstanding that it was not in fact established by such an authority as aforesaid, be a county school.

(3)

Subject to the provisions hereinafter contained as to the discontinuance of voluntary schools, every school which immediately before the commencement of this Part of this Act was, within the meaning of the enactments repealed by this Act, a public elementary school provided otherwise than by a former authority shall, if it was then maintained by a former authority, be maintained as a voluntary school by the local education authority for the area in which the school is situated.

(4)

Primary schools which are used mainly for the purpose of providing education for children who have attained the age of two years but have not attained the age of five years shall be known as nursery schools.

F3(5)

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

(6)

The powers conferred by subsection (1) of this section on local education authorities shall be construed as including power to establish maintain and assist schools outside as well as inside their areas.

F4(7)

The powers conferred by subsection (1) of this section shall not extend to establishing a school to provide—

(a)

part-time education suitable to the requirements of persons of any age over compulsory school age; or

(b)

full-time education suitable to the requirements of persons who have attained the age of nineteen years

Annotations

Textual amendments

F1: Word in s. 9(1) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I, para. 4; S.I. 1992/831, art. 2, Sch. 3
F2: Words repealed by virtue of Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch. 7
F3: S. 9(5) repealed (1.4.1994) by 1993 c. 35, ss. 303(4), 307(1)(3), Sch. 19 para. 6, Sch. 21 Pt. I; S.I. 1994/507, art. 4(1), Sch. 2Appendix.
F4: S. 9(7) added (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 12(1); S.I. 1992/831, art. 2, Sch. 4

Modifications

C1: S. 9(2) amended (1.9.1994) by 1993 c. 35, ss. 298(5); S.I. 1994/2038, art. 3, Sch.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.