Education Act 1996

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Education Act 1996

Changes over time for: Section 403

Alternative versions:

Status:

Point in time view as at 30/04/2021.

Changes to legislation:

Education Act 1996, Section 403 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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403 Sex education [F1in England]: manner of provision.E+W

(1)The F2. . ., governing body and head teacher [F3of a maintained school in England] shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at [F4the] school [F5(whether or not as part of statutory relationships and sex education)] , it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life.

[F6(1A)The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools [F7in England]—

(a)they learn the nature of marriage and its importance for family life and the bringing up of children, and

(b)they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

[F8(1ZB)In subsection (1A) the reference to sex education does not include sex education given as part of statutory relationships and sex education.]

(1B)In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.

(1C)Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools [F9in England].

(1D)The Secretary of State may at any time revise his guidance under subsection (1A).]

(2)In [F10this section]“maintained school” includes [F11a community or foundation special school] established in a hospital [F12and “NHS body” has the same meaning as in [F13the National Health Service Act 2006 (see section 275(1) of that Act)] .]

[F14(2A)In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.]

Textual Amendments

F1Words in s. 403 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 18(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F2Words in s. 403(1) repealed (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, ss. 148(3), 153, Sch. 11 (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II