Education Act 1996, section 15A

Powers in respect of education and training for 16 to 18 year olds

Part I General

(1)A [F6 dfnlocal authorityF6] [F89 in WalesF89] may secure the provision for their area of full-time [F90 or part-timeF90] education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.

[F91 (1ZA)A [F6 dfnlocal authorityF6] in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.F91]

[F92 (1A)The power under [F93 subsections (1) and (1ZA)F93] to secure the provision of education includes power to secure the provision—

(a)of training, including vocational, social, physical and recreational training, and

(b)of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).F92]

(2)Subsections (6) and (7) of section 14 shall apply in relation to functions under this section in respect of secondary education as they apply in relation to functions under that section.F88]

[F94 (3)In exercising their functions under this section in respect of further education[F95 —

(a)a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

(b)a local authority in Wales must in particular have regard to the needs of persons with [F96 learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)F96] [F96 additional learning needsF96] .F95]

[F97 (3A)In exercising its functions under this section a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.F97]

(4)A [F6 local authorityF6] may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.F94]

Definitions used in section 15A 9

local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
school

(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

Defined in s.4(1) · see it in the full Act
functions

“functions” includes powers and duties;

Defined in s.579(1) · see it in the full Act
secondary education

(2) In this Act “secondary education” means—

(a)full-time education suitable to the requirements of pupils of compulsory school age who are either—

(i)senior pupils, or

(ii)junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and

(b)(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

Defined in s.2(2) · see it in the full Act
further education

(3) Subject to subsection (5), in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons who are over compulsory school age (including vocational, social, physical and recreational training) , and

(b)organised leisure-time occupation provided in connection with the provision of such education,

Defined in s.2(3) · see it in the full Act
local authority in England

“local authority in England” means—

(a)

a county council in England;

(b)

a metropolitan district council;

(c)

a non-metropolitan district council for an area for which there is no county council;

(d)

a London borough council; and

(e)

the Common Council of the City of London (in their capacity as a local authority);

Defined in s.579(1) · see it in the full Act
disability

(4) “Disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly.

Defined in Sch.35B para.15(4) · see it in the full Act
local authority in Wales

“local authority in Wales” means—

(a)

a county council in Wales; and

(b)

a county borough council;

Defined in s.579(1) · see it in the full Act
additional learning needs

“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ;

Defined in s.579(1) · see it in the full Act

Cases considering section 15A 3

Hill, R (on the application of) v Bedfordshire County Council

[2008] EWCA Civ 661 · 16 June 2008Interprets

Interprets section 15A as a target power directed to securing educational facilities for an authority’s area, including provision for persons from other areas. It does not extend to funding an individual pupil’s placement at a further education college in Scotland. (see para [73]) Cited only.

Hill v Bedfordshre County Council

[2007] EWHC 2435 (Admin) · 2 November 2007Interprets

The court interprets section 15A as empowering the local authority to fund the claimant’s education at Elmwood College. The contrary construction advanced by the authority was rejected (see para [58]).

P, R (on the application of) v The Royal Borough of Windsor & Maidenhead & Anor

[2010] EWHC 1408 (Admin) · 23 June 2010

The claimant withdrew the ground relying on section 15A. The court therefore expressed no final view on the lawfulness of the authority’s resolutions in that statutory context. (see paras [62]-[64])

What each judgment says about section 15A is in the case-law panel in the full Act.

Amendments and notes

16 notes from legislation.gov.uk

Amendments

  1. F88S. 15A inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 63 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12) this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F87Words in s. 15A title substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(6); S.I. 2010/303, art. 3, Sch. 2
  3. F6Words 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))
  4. F89Words in s. 15A(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(2); S.I. 2010/303, art. 3, Sch. 2
  5. F90Words in s. 15A(1) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(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
  6. F91S. 15A(1ZA) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(3); S.I. 2010/303, art. 3, Sch. 2
  7. F92S. 15A(1A) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(3) (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
  8. F93Words in s. 15A(1A) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(4); S.I. 2010/303, art. 3, Sch. 2
  9. F94S. 15A(3)(4) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(5) (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
  10. F95S. 15A(3)(a)(b) substituted for words (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 6; 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) this amendment is subject to savings and/or transitional provisions, see the commentary.
  11. F96Words in s. 15A(3)(b) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(4); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3 text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.
  12. F97S. 15A(3A) inserted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(3) (with s. 19); S.I. 2024/806, art. 2(k)(vi) (with art. 28)

Modifications

  1. C63S. 15A restricted (1.4.2001 (W.) and 1.8.2002 (E.)) by 2000 c. 21, s. 110(4) (with s. 150); S.I. 2001/1274, art. 2(1), Sch. Pt. I; S.I. 2002/279, art. 2(3)(b)
  2. C64S. 15A functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 12(1)(c)(2)(3)
  3. C65S. 15A: functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 5(1)(2)(c)(3)-(5)
  4. C66Words in s. 15A(2) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(4) (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