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Change 1
As published
22 Maintenance and other funding of schools.
(1) A local 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 them...;
(c) any maintained schools established in their area... otherwise than by them or any other local authority; and
(d) any maintained nursery school established by them.
(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, under 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 expenditure that by virtue of paragraph 3 of Schedule 3 is to be met by the governing body, and
(b) the duty, under 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, local 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.
Your change, as a redline
22 Maintenance and other funding of schools.
(1) A local 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 them...;
(c) any maintained schools established in their area... otherwise than by them or any other local authority; and
(d) any maintained nursery school established by them.
(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, under 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 expenditure that by virtue of paragraph 3 of Schedule 3 is to be met by the governing body, and
(b) the duty, under 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, local 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.
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