(2) An order under subsection (1) shall state—

(a) the local education authority area to which the order applies;

(b) whether the order is made under paragraph (a) or (b) of that subsection;

(c) the kind (that is primary or secondary) or kinds of education to which the order relates; and

(d) the date as from which the order is to have effect.

(3) No order may be made in respect of any area under subsection (1) unless—

(a) in the case of an order under subsection (1)(a) or (b), it appears to the Secretary of State that subsection (4) is, or has at any time been, satisfied, or

(b) in the case of an order under subsection (1)(b), the local education authority have at any time requested the Secretary of State to make the order and subsection (4) is, or has at any time been, satisfied,

in relation to the kind of education to which the order relates or, as the case may be, each of the kinds of education to which the order relates.

(4) This subsection is satisfied—

(a) for the purposes of—

(i) subsection (3)(a) in its application to an order under subsection (1)(a), or

(ii) subsection (3)(b),

if not less than 10 per cent. of the pupils for whom education is provided in county, voluntary and grant-maintained schools in the area are registered pupils at grant-maintained schools;

(b) for the purposes of subsection (3)(a) in its application to an order under subsection (1)(b), if not less than 75 per cent. of the pupils for whom education is provided in county, voluntary and grant-maintained schools in the area are registered pupils at grant-maintained schools.

(5) For the purposes of subsection (3) the kind of education to which an order relates—

(a) where an order is expressed to relate only to primary education, includes any secondary education provided in a primary school and excludes any primary education provided in a secondary school, and

(b) where an order is expressed to relate only to secondary education, includes any primary education provided in a secondary school and excludes any secondary education provided in a primary school.

(6) The effect of an order under this section is set out in Schedule 4.

(7) The kind or kinds of education to which an order under subsection (1)(a) or (b) relates are referred to in this Act, in relation to such an order, as “relevant education”.

Chapter VI Supplemental

Allocation of functions

28 Resolution of disputes as to allocation of functions

Any dispute as to whether any functions are exercisable by a funding authority or a local education authority shall be determined by the Secretary of State.

Provision of information

29 Provision of information by local education authorities

(1) A local education authority shall—

(a) make such reports and returns to the Secretary of State, and

(b) give to the Secretary of State such information,

as he may require for the purpose of the exercise of his functions under this Act.

(2) A local education authority shall—

(a) make such reports and returns to the funding authority, and

(b) give to the funding authority such information,

as the funding authority may require for the purpose of the exercise of their functions.

(3) A local education authority shall—

(a) compile such information, and

(b) make such provision for conducting, or assisting the conduct of, research,

as may be required for the purpose of providing the Secretary of State and the funding authority, in such form and at such times as may be prescribed, with such information relating to the provision of primary or secondary education in the area of the local education authority as may be prescribed.

(4) The Secretary of State shall exercise his powers under subsection (3) so as to secure, in particular, the provision of information relating to the provision of education for children with special educational needs.

(5) A local education authority shall, at such time or times and in such manner as may be required by regulations, publish such information as may be so required with respect to their policy and arrangements in respect of any matter relating to primary or secondary education.

(6) Nothing in subsection (5) applies in relation to—

(a) nursery schools, or

(b) children who will be under the age of five at the time of their proposed admission.

30 Provision of information by funding authorities

(1) A funding authority—

(a) shall provide the Secretary of State with such information or advice in connection with any function of his relating to the provision of education as he may from time to time require; and

(b) may provide the Secretary of State with such information or advice relating to such provision as they think fit.

(2) The information and advice provided under subsection (1) shall be provided in such manner as the Secretary of State may from time to time determine.

(3) A funding authority shall—

(a) make such reports and returns to any local education authority, and

(b) give to any local education authority such information,

as the local education authority may require for the purpose of the exercise of their functions.

(4) A funding authority shall—

(a) compile such information, and

(b) make such provision for conducting, or assisting the conduct of, research,

as may be required for the purpose of providing the Secretary of State and local education authorities, in such form and at such times as may be prescribed, with such information relating to the provision of education in any area to which an order under section 27 applies as may be prescribed.

(5) The Secretary of State shall exercise his powers under subsection (4) so as to secure, in particular, the provision of information relating to the provision of education for children with special educational needs.