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Section 13 General responsibility for education.C1C2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A F1local authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, F2and secondary education F3and, in the case of a local authority in England, further education, are available to meet the needs of the population of their area.

(2)

The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—

F4(a)

the F5the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 F6...

F7(ba)

the Commission for Tertiary Education and Research, or

(c)

the Office for Students.

F8(3)

The reference in subsection (1) to further education is to further education for persons—

(none)
“(a)

who are over compulsory school age but under 19, or

(b)

who are aged 19 or over F9and for whom an EHC plan is maintained.”

F10(4)

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

F11(5)

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

(6)

For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).

Annotations

Textual amendments

F1

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))

F2

Words in s. 13(1) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F3

Words in s. 13(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 2(2); S.I. 2010/303, art. 3, Sch. 2

F4

S. 13(2)(a)(b) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)

F5

Words in s. 13(2)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 43

F6

Words in s. 13(2)(a) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 32(a) (with art. 7)

F7

S. 13(2)(ba) substituted for s. 13(2)(aa)(b) (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(iv)

F8

S. 13(3)-(6) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 2(3); S.I. 2010/303, art. 3, Sch. 2

F9

Words in s. 13(3)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(2); 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)

F10

S. 13(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(3); 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)

F11

S. 13(5) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(3); 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)

Modifications

C1

S. 13 modified (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36, 162 (with s. 159)

C2

S. 13 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 19 (with art. 28)

Notes on Chapter III

Textual amendments

F1

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))