Section 22 Maintenance and other funding of schools.E1

England

(1)

A F1local authority are under a duty to maintain the following schools—

(a)

any maintained schools which they are required to maintain by virtue of section 20(4) or (5);

(b)

any maintained schools established by themF2...;

(c)

any maintained schools established in their areaF3... otherwise than by them or any other local authority; and

(d)

any maintained nursery school established by them.

F4(2)

Subsection (1) has effect subject to any statutory provision authorising the discontinuance of a maintained school or maintained nursery school.

(3)

In the case of a community school, a community special school or a maintained nursery school, the local authority’s duty to maintain the school includes—

(a)

the duty of defraying all the expenses of maintaining it, and

(b)

the duty of making premises available to be used for the purposes of the school.

(4)

In the case of a foundation, voluntary controlled or foundation special school, the local authority’s duty to maintain the school includes—

(a)

the duty of defraying all the expenses of maintaining it, and

(b)

the duty, F5under any enactment of providing new premises for the school.

(5)

In the case of a voluntary aided school, the local authority’s duty to maintain the school includes—

(a)

the duty of defraying all the expenses of maintaining it, except any F6expenditure that by virtue of paragraph 3 of Schedule 3 is to be met by the governing body, and

(b)

the duty, F7under any enactment of providing new premises for the school.

(6)

For the purposes of this Act the expenses of maintaining a foundation, voluntary or foundation special school include the payment of rates.

(7)

Schedule 3 (which makes provision as to the functions of governing bodies, F8local authorities and the Secretary of State as to the funding of foundation, voluntary and foundation special schools) shall have effect.

(8)

In this Act—

(a)

in relation to a school maintained (or proposed to be maintained) by a local authority, “the local authority” means that authority; and

(b)

in relation to schools falling within subsections (3) to (6), “maintain” shall be read in accordance with those subsections.

(9)

In this Act “maintained nursery school” means a nursery school which is maintained by a local authority and is not a special school.

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), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
F2: Words in s. 22(1)(b) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F3: Words in s. 22(1)(c) repealed (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(2)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F4: S. 22(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 15; S.I. 2007/935, art. 7(o)
F5: Words in s. 22(4)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F6: Words in s. 22(5)(a) substituted (E.) (1.4.2002) by The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 (S.I. 2002/906), art. 3
F7: Words in s. 22(5)(b) substituted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 96(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4
F8: 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), art. 1, Sch. 2 para. 10(3) (with Sch. 2 para. 10(4))

Extent

E1: This version of this provision extends to England only; a separate version has been created for Wales.