Commentary on Sections Part 1: Collaboration by education bodies Section 5 - Powers to collaborate
11.This section confers on education bodies broad powers to enable them to collaborate for the purpose of discharging or facilitating the discharge of their duties under section 3 of the Measure, section 33K of the Learning and Skills Act 2000, section 116J of the Education Act 2002, or the duty of another education body under those provisions. Section 33K of the Learning and Skills Act 2000 and section 116J of the Education Act 2002 impose duties to collaborate in connection with the delivery of the local curriculum.
12.Section 5 allows an education body to collaborate with another education body to facilitate the discharge of that other education body’s duties, whether or not that would facilitate the discharge of its own duties.
13.The powers to collaborate include powers to delegate functions and to arrange for joint committees to carry out their functions.
14.Whilst the Measure confers the same powers on all types of education body covered by the Measure, it does not empower or compel other bodies to collaborate with an education body. However, such bodies may be able to do so under their existing powers.
15.Subsection (3) provides that these new powers do not affect any education body’s powers in any other legislation and that they are limited by any provision which may be made in regulations under section 6.