Education Act 1996

Part V E+W The Curriculum

Modifications etc. (not altering text)

C1 Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57

Chapter I E+W Preliminary

350 Meaning of “maintained school” etc. in Part V. E+W

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

351 General duties in respect of the curriculum. E+W

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

352 Basic curriculum for every maintained school. E+W

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

Chapter II E+W Secular education

The National Curriculum: general E+W

353 The National Curriculum. E+W

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

354 The core subjects and other foundation subjects. E+W

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

355 The key stages. E+W

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

356 Establishment of the National Curriculum by order. E+W

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

357 Implementation of the National Curriculum in schools. E+W

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

The School Curriculum and Assessment Authority E+W

F9 358 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 358 repealed (1.3.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 26, Sch. 8; S.I. 1998/386, art. 2(1), Sch. 1 Pt. I

F10 359 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 359 repealed (1.3.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 26, Sch. 8; S.I. 1998/386, art. 2(1), Sch. 1 Pt. I

The Curriculum and Assessment Authority for Wales E+W

F11 360 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 360 repealed (1.10.1997) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 26, Sch. 8; S.I. 1997/1468, art. 2, Sch. 1 Pt. I

F12 361 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. 361 repealed (1.10.1997) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 26, Sch. 8; S.I. 1997/1468, art. 2, Sch. 1 Pt. I

The National Curriculum: special cases E+W

362 Development work and experiments. E+W

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

363 Exceptions by regulations. E+W

F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

364 Pupils with statements of special educational needs. E+W

F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

365 Temporary exceptions for individual pupils. E+W

F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

366 Information concerning directions under section 365. E+W

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

367 Appeals against directions under section 365 etc. E+W

F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

The National Curriculum: supplementary provisions E+W

368 Procedure for making certain orders and regulations. E+W

F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

369 Programmes of research etc. in relation to Wales. E+W

F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

General functions of LEA, governing body and head teacher in relation to curriculum E+W

F21 370 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 370 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

F22 371 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 S. 371 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

F23 372 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F23 S. 372 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

F24 373 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 S. 373 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

F25 374 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 S. 374 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Chapter III E+W Religious education and worship

Agreed syllabuses E+W

375 Agreed syllabuses of religious education. E+W

(1) Subject to the provisions of Schedule 31, any agreed syllabus in force immediately before the commencement of this Act shall continue to have effect.

(2) In this Act “agreed syllabus” means a syllabus of religious education—

(a) prepared before the commencement of this Act in accordance with Schedule 5 to the M1 Education Act 1944 or after commencement in accordance with Schedule 31, and

(b) adopted by a [F26 local authority] under that Schedule,

whether it is for use in all the schools maintained by them or for use in particular such schools or in relation to any particular class or description of pupils in such schools.

(3) Every agreed syllabus shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.

(4) Any reference in this Act to an agreed syllabus adopted by a [F26 local authority] includes a reference to an agreed syllabus deemed to be adopted by such an authority by virtue of paragraph 11 of Schedule 5 to the M2 Education Act 1944 or paragraph 14 of Schedule 31; and accordingly, in relation to an agreed syllabus deemed to be so adopted, any reference to the date on which an agreed syllabus was adopted is a reference to the date of deemed adoption specified by the Secretary of State in a direction under that paragraph.

(5) Subsection (3) does not apply to any agreed syllabus adopted before 29th September 1988.

Textual Amendments

F26 Words 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))

Marginal Citations

M1 1944 c. 31.

M2 1944 c. 31.

Required provision for religious education E+W

F27 376 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27 S. 376 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F28 377 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F28 S. 377 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F29 378 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F29 S. 378 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F30 379 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F30 S. 379 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F31 380 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F31 S. 380 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F32 381 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F32 S. 381 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F33 382 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F33 S. 382 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F34 383 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F34 S. 383 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F35 384 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F35 S. 384 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Religious worship E+W

F36 385 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F36 S. 385 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F37 386 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F37 S. 386 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F38 387 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F38 S. 387 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F39 388 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F39 S. 388 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Exceptions and special arrangements E+W

F40 389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F40 S. 389 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

Constitution of standing advisory councils on religious education E+W

390 Constitution of advisory councils. E+W

(1) A [F26 local authority] shall constitute a standing advisory council on religious education for the purposes mentioned in section 391(1).

F41 [(2) The council shall consist of such groups of persons appointed by the authority as representative members (“representative groups”) as are required by subsection (4).]

(3) The council may also include co-opted members (that is, persons co-opted as members of the council by members of the council who have not themselves been so co-opted).

(4) The representative groups required by this subsection are—

(a) a group of persons to represent such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

(b) except in the case of an area in Wales, a group of persons to represent the Church of England;

(c) a group of persons to represent such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

(d) a group of persons to represent the authority.

(5) Where a representative group is required by subsection (4)(b), the representative group required by subsection (4)(a) shall not include persons appointed to represent the Church of England.

(6) The number of representative members appointed to any representative group under subsection (4)(a) to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

(7) On any question to be decided by the council only the representative groups on the council shall be entitled to vote, and each representative group shall have a single vote.

Textual Amendments

F26 Words 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))

F41 S. 390(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.93 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

391 Functions of advisory councils. E+W

(1) The purposes referred to in section 390(1) are—

F42 [(a) to advise the [F26 local authority] on such matters connected with—

(i) religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and

(ii) the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,

as the authority may refer to the council or as the council may see fit, and]

(b) to carry out the functions conferred on them by section 394.

(2) The matters referred to in subsection (1)(a) include, in particular, methods of teaching, the choice of materials and the provision of training for teachers.

(3) The representative groups on the council required by section 390(4), other than the group consisting of persons appointed to represent the authority, may at any time require a review of any agreed syllabus for the time being adopted by the authority.

(4) Each representative group concerned shall have a single vote on the question of whether to require such a review.

(5) Paragraph 3 of Schedule 31 has effect to require the authority, on receiving written notification of any such requirement, to cause a conference constituted in accordance with that Schedule to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

(6) The council shall in each year publish a report as to the exercise of their functions and any action taken by representative groups on the council under subsection (3) during the last preceding year.

(7) The council’s report shall in particular—

(a) specify any matters in respect of which the council have given advice to the authority,

(b) broadly describe the nature of the advice given, and

(c) where any such matter was not referred to the council by the authority, give the council’s reasons for offering advice on that matter.

F43 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44 (10) A council for an area in Wales must send a copy of each report published by them under subsection (6) to the Welsh Ministers.]

Textual Amendments

F26 Words 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))

F42 S. 391(1)(a)(i)(ii) substituted (1.9.1999) for s. 391(1)(a) by 1998 c. 31, s. 140(1), Sch. 30 para. 94(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F43 S. 391(8)(9) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 94(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F44 S. 391(10) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 6; S.I. 2012/924, art. 2

392 Advisory councils: supplementary provisions. E+W

(1) In this section “the council” means the standing advisory council on religious education constituted by a [F26 local authority] under section 390.

(2) Before appointing a person to represent any religion, denomination or associations as a member of the council, the authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.

(3) A member of the council who was appointed by the authority may be removed from membership by the authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) he ceases to be representative of the authority.

F45 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person co-opted as a member of the council shall hold office on such terms as may be determined by the members co-opting him.

(6) A member of the council may at any time resign his office.

(7) Subject to section 390(7), the council and, in relation to any question falling to be decided by members of the council of any particular category, the members of that category, may regulate their own proceedings.

(8) The validity of proceedings of the council or of the members of the council of any particular category shall not be affected—

(a) by a vacancy in the office of any member of the council required by section 390(2), or

(b) on the ground that a member of the council appointed to represent any religion, denomination or associations does not at the time of the proceedings represent the religion, denomination or associations in question.

Textual Amendments

F26 Words 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))

F45 S. 392(4) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 95, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F46 393 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F46 S. 393 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 96, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Determinations by standing advisory councils E+W

394 Determination of cases in which requirement for Christian collective worship is not to apply. E+W

(1) The council constituted by a [F26 local authority] under section 390 shall, on an application made by the head teacher of—

(a) any [F47 community school] maintained by the authority, or

F48 [(b) any foundation school which has not been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character,]

consider whether it is appropriate for the requirement imposed by [F49 paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship)] to apply in the case of the school or in the case of any class or description of pupils at the school.

(2) In determining whether it is appropriate for that requirement to apply as mentioned in subsection (1), the council shall have regard to any circumstances relating to the family backgrounds of the pupils at the school, or of the pupils of the particular class or description in question, which are relevant for determining the character of the collective worship appropriate in their case.

(3) The council shall give the head teacher written notification of their decision on the application.

(4) Where the council determine that it is not appropriate for the requirement to apply as mentioned in subsection (1), the determination shall take effect for the purposes of [F50 paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship)] on such date as may be specified in the notification of the council’s decision under subsection (3).

(5) Before making an application under subsection (1), the head teacher of a school shall consult the governing body.

(6) On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(7) An application under subsection (1) shall be made in such manner and form as the council may require.

(8) Where an application is made under subsection (1)(a) in respect of [F51 a community school which becomes a foundation school [F52 (by virtue of the relevant enactments)]] before the application is determined, it shall, unless withdrawn by the head teacher, continue as if made under subsection (1)(b).

[F53 (9) In subsection (8) “the relevant enactments” means—

(a) in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

(b) [F54 in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.]]

Textual Amendments

F26 Words 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))

F47 Words in s. 394(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F48 S. 394(1)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F49 Words in s. 394(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F50 Words in s. 394(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F51 Words in s. 394(8) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F52 Words in s. 394(8) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 9(2); S.I. 2007/935, art. 7(o)

F53 S. 394(9) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 9(3); S.I. 2007/935, art. 7(o)

F54 S. 394(9)(b) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(3); S.I. 2013/1800, art. 3(j)

395 Review of determinations under section 394. E+W

(1) Any determination by a council under section 394 by virtue of which the requirement imposed by [F55 paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998] does not for the time being apply in the case of a school or a class or description of pupils at a school shall be reviewed by the council—

(a) at any time on an application made by the head teacher, and

(b) in any event not later than the end of the period of five years beginning with the date on which the determination first took effect or (where it has since been reviewed under this section) with the effective date of the decision on the last review.

(2) On any review under subsection (1)(b) the council shall give the head teacher an opportunity of making representations as to the determination under review.

(3) On a review under this section, the council may—

(a) confirm the determination, with or without variation, or

(b) revoke it (without prejudice to any further determination under section 394).

(4) The council shall give the head teacher written notification of their decision, specifying the effective date of that decision for the purposes of subsection (1)(b).

(5) Any determination which is required to be reviewed under subsection (1)(b) shall cease to have effect, if not confirmed on such a review, at the end of the period there mentioned.

(6) The head teacher of a school shall consult the governing body before making an application under subsection (1)(a) or any representations under subsection (2).

(7) On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(8) An application under subsection (1)(a) shall be made in such manner and form as the council may require.

Textual Amendments

F55 Words in s. 395(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.98 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

396 Power of Secretary of State to direct advisory council to revoke determination or discharge duty. E+W

(1) Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education constituted by a [F26 local authority] under section 390—

(a) have acted, or are proposing to act, unreasonably in determining for the purposes of section 394 or 395 whether it is appropriate for the requirement imposed by [F56 paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998] to apply in the case of any school or any class or description of pupils at a school, or

(b) have failed to discharge any duty imposed under section 394 or 395,

he may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.

(2) Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.

Textual Amendments

F26 Words 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))

F56 Words in s. 396(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.99 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Access to meetings and documents E+W

397 Religious education: access to meetings and documents. E+W

(1) This section applies to—

(a) any conference convened under any of paragraphs 1 to 3 of Schedule 31, and

(b) any standing advisory council on religious education constituted under section 390.

(2) Regulations may make provision—

(a) for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,

(b) requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and

(c) requiring conferences or councils, at such time or times as may be prescribed—

(i) to make available for inspection, or

(ii) to provide on payment of such fee as they think fit (not exceeding the cost of supply),

copies of the agendas and reports for such meetings to members of the public.

(3) Regulations made under subsection (2) may apply to—

(a) committees appointed by [F57 local authorities] under paragraph 4 of Schedule 31,

(b) sub-committees appointed by conferences under that Schedule, and

(c) representative groups on councils appointed under section 390(4),

as they apply to conferences and councils.

Textual Amendments

F57 Words 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(3) (with Sch. 2 para. 7(4)(5))

Miscellaneous E+W

398 No requirement of attendance at Sunday school etc. E+W

[F58 (1)] It shall not be required, as a condition of—

(a) a pupil attending a maintained school, or

(b) a person attending such a school to receive further education or [F59 any training for members of the school workforce] ,

that he must attend or abstain from attending a Sunday school or a place of religious worship.

[F60 (2) In subsection (1)(b), the reference to training for members of the school workforce is to be read in accordance with sections [F61 96(1) and 100] of the Education Act 2005.]

Textual Amendments

F58 S. 398(1): s. 398 renumbered as s. 398(1) (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(3)

F59 Words in s. 398(b) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(2)

F60 S. 398(2) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(3)

F61 Words in s. 398(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 11; S.I. 2012/924, art. 2

399 Determination of question whether religious education in accordance with trust deed. E+W

Where any trust deed relating to [F62 a foundation or voluntary school] makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious education given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

Textual Amendments

F62 Words in s. 399 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.100 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Chapter IV E+W Miscellaneous and supplementary provisions

Modifications etc. (not altering text)

C2 Pt. V Ch. IV: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(b), 70(2); S.I. 2018/346, reg. 4(e)

C3 Pt. V Ch. IV: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(b), 70(2); S.I. 2018/346, reg. 4(f)

Courses leading to external qualifications E+W

F63 400 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F63 S. 400 repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), Sch.8; S.I. 2001/1215, art. 2

F64 401 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F64 S. 401 repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), 58(3), Sch.8; S.I. 2001/1215, art. 2

Obligation to enter pupils for public examinations E+W

402 Obligation to enter pupils for public examinations. E+W

(1) Subject to subsections (2) and (3), the governing body of a maintained school shall secure that each registered pupil at the school is entered, at such time as they consider appropriate, for each prescribed public examination for which he is being prepared at the school at the time in question in each syllabus for that examination for which he is being so prepared.

(2) The governing body are not required to secure that a pupil is entered for any examination, or for an examination in any syllabus for that examination, if either—

(a) they consider that there are educational reasons in the case of that particular pupil for not entering him for that examination or (as the case may be) for not entering him for that examination in that syllabus, or

(b) the parent of the pupil requests in writing that the pupil should not be entered for that examination or (as the case may be) for that examination in that syllabus;

[F65 but this subsection does not apply to an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil.]

[F66 (2A) But subsection (2) does not apply to—

(a) an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in England), or

(b) an examination which is part of the assessment arrangements for pupils of compulsory school age who have completed the school year in which the majority of the pupils in their class attained the age of 14 and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in Wales).]

(3) The governing body are not required to secure that a pupil is entered for any examination in any syllabus for that examination if they have secured his entry for another prescribed public examination in a corresponding syllabus.

(4) For the purposes of subsection (3) a syllabus for a prescribed public examination shall be regarded as corresponding to a syllabus for another prescribed public examination if the same course of study is provided at the school in preparation for both syllabuses.

(5) As soon as practicable after determining whether or not to secure the entry of any pupil for a prescribed public examination in any syllabus for which he is being prepared at the school, the governing body shall notify the pupil’s parent in writing of their determination in relation to each such syllabus.

(6) In this section—

(a) “maintained school” includes [F67 a community or foundation special school] established in a hospital;

[F68 (aa) “assessment arrangements” and “fourth key stage”—

(i) in relation to a school maintained by a [F26 local authority] in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), [F69 and]

(ii) [F70 in relation to a school maintained by a [F26 local authority] in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and]]

[F71 (ab) “assessment arrangements”, in relation to a school maintained by a local authority in Wales, has the same meaning as in Part 4 of the Curriculum and Assessment (Wales) Act 2021 (assessment and progression);]

(b) references to a prescribed public examination shall be construed in accordance with section 462.

Textual Amendments

F26 Words 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))

F65 Words in s. 402(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(a)

F66 S. 402(2A) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(b)

F67 Words in s. 402(6) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.101 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F68 S. 402(6)(aa) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) for word at the end of s. 402(6)(a) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 45 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F69 Word in s. 402(6)(aa) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(c)(i)(aa)

F70 S. 402(6)(aa)(ii) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(c)(i)(bb)

F71 S. 402(6)(ab) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(c)(ii)

Sex education E+W

403 Sex education: manner of provision. E+W

(1) The F72 . . ., governing body and head teacher shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school [F73 (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.

[F74 (1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—

(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.

[F75 (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.

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

(2) In [F76 this section]“maintained school” includes [F77 a community or foundation special school] established in a hospital [F78 and “NHS body” has the same meaning as in [F79 the National Health Service Act 2006 (see section 275(1) of that Act)] .]

[F80 (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

F72 Words 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

F73 Words in s. 403(1) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 2(2)

F74 S. 403(1A)-(1D) inserted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(4) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

F75 S. 403(1ZB) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 2(3)

F76 Words in s. 403(2) substituted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(5)(a) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

F77 Words in s. 403(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 102 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F78 Words in s. 403(2) inserted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(5)(b) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

F79 Words in s. 403(2) substituted (1.4.2013) by The Health and Social Care Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/594), arts. 1(2), 3

F80 S. 403(2A) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 2(4)

404 Sex education: statements of policy. E+W

(1) The governing body of a maintained school shall—

(a) make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and

(b) make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.

[F81 (1A) A statement under subsection (1) must include a statement of the effect of section 405.]

[F82 (1B) In subsection (1) the reference to sex education does not include sex education given as part of statutory relationships and sex education (and accordingly subsection (1) does not apply at all in relation to a school at which sex education is only given as part of statutory relationships and sex education).]

(2) [F83 In subsection (1) “maintained school” includes, in relation to pupils who are provided with secondary education, [F84 a community or foundation special school] established in a hospital.]

[F83 In this section—

• “maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital;

• “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.]

F85 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 S. 404(1A) inserted (1.11.2000 (E.), 1.9.2001 (W.)) by 2000 c. 21, ss. 148(6), 154 (with s. 150)); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274 art. 2(2) Sch. Pt. II

F82 S. 404(1B) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 3(2)

F83 S. 404(2) substituted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 3(3)

F84 Words in s. 404(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 103(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F85 S. 404(3) repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 103(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

Modifications etc. (not altering text)

C4 S. 404 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 1

C5 S. 404 applied (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007 (S.I. 2007/1069), reg. 1(1), Sch. 1 para. 1

C6 S. 404 applied (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 3

405 Exemption from sex education. E+W

[F86 (1)] If the parent of any pupil in attendance at a maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.

[F87 (2) In subsection (1) the reference to sex education does not include sex education provided at a maintained school in England as part of statutory relationships and sex education.

(3) If the parent of any pupil in attendance at a maintained school in England requests that the pupil may be wholly or partly excused from sex education provided as part of statutory relationships and sex education, the pupil must be so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.

(4) 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

F86 S. 405(1): s. 405 renumbered as s. 405(1) (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 4(2)

F87 S. 405(2)-(4) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 4(3)

Modifications etc. (not altering text)

C7 S. 405 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 2

C8 S. 405 applied (with modifications) (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007 (S.I. 2007/1069), reg. 1(1), Sch. 1 para. 2

C9 S. 405 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 4

Politics E+W

406 Political indoctrination. E+W

(1) The [F26 local authority], governing body and head teacher shall forbid—

(a) the pursuit of partisan political activities by any of those registered pupils at a maintained school who are junior pupils, and

(b) the promotion of partisan political views—

[F88 (i)] in the teaching of any subject in the school [F89 (in the case of a school in England), or]

[F90 (ii) in the teaching of any aspect of a curriculum provided in the school under the Curriculum and Assessment (Wales) Act 2021 (in the case of a school in Wales)]

(2) In the case of activities which take place otherwise than on the school premises, subsection (1)(a) applies only where arrangements for junior pupils to take part in the activities are made by—

(a) any member of the school’s staff (in his capacity as such), or

(b) anyone acting on behalf of the school or of a member of the school’s staff (in his capacity as such).

(3) In this section “maintained school” includes [F91 a community or foundation special school] established in a hospital.

Textual Amendments

F26 Words 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))

F88 Words in s. 406(1)(b)(i) in s. 406(1)(b) renumbered as s. 406(1)(b)(i) (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(a)

F89 Words in s. 406(1)(b)(i) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(b)

F90 S. 406(1)(b)(ii) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(c)

F91 Words in s. 406(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.104 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

407 Duty to secure balanced treatment of political issues. E+W

(1) The [F26 local authority], governing body and head teacher shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are—

(a) in attendance at a maintained school, or

(b) taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school,

they are offered a balanced presentation of opposing views.

(2) In this section “maintained school” includes [F92 a community or foundation special school] established in a hospital.

Textual Amendments

F26 Words 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))

F92 Words in s. 407(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.105 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Information E+W

408 Provision of information. E+W

(1) Regulations may require, in relation to every maintained school, the [F26 local authority], the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

(a) such information (including information as to the matters mentioned in subsection (2)) relevant for the purposes of any of the relevant provisions of this Part [F93 or Part V of the Education Act 1997] [F94 or section 96 of the Learning and Skills Act 2000] [F95 or the relevant provisions of the Education Act 2002] [F96 or the provisions of [F97 Part 7] of the Apprenticeships, Skills, Children and Learning Act 2009] [F98 or the provisions of the Qualifications Wales Act 2015] [F99 or the provisions of the Curriculum and Assessment (Wales) Act 2021], and

F100 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

as may be prescribed.

(2) The matters referred to in subsection (1)(a) are—

(a) the curriculum for maintained schools,

(b) the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils,

(c) the educational achievements of pupils at the school (including the results of any assessments of those pupils, whether under this Part or otherwise, for the purpose of ascertaining those achievements), and

(d) the educational achievements of [F101 such classes or descriptions of pupils] as may be prescribed (including results of the kind mentioned in paragraph (c)). [F102 , and

(e) arrangements relating to [F103 relevant] qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) [F104 which are approved under section 98 F105 ... of that Act] and to courses leading to such qualifications.]

[F106 (f) arrangements relating to qualifications within the meaning given in section 56 of the Qualifications Wales Act 2015 which are approved under Part 4 of that Act and to courses of education or training leading to such qualifications.]

F107 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of subsection (1) the relevant provisions of this Part are—

F108 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) sections [F110 390] to 392;

(e) sections 394 to [F111 396] [F111 396A];

(f) sections 398 F112 ... and 405; F113 ...

(g) [F114 section 409] [F115 ; [F116 and]]

[F117 (h) [F116 in so far as subsection (1) applies in relation to Wales, sections 403 and 404.]]

[F118 (4A) For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

(a) Part 6 (the curriculum in England), [F119 and]

(b) [F119 sections 97 to 117 (the curriculum in Wales).]]

(5) Before making any regulations under this section, the Secretary of State shall consult any persons with whom consultation appears to him to be desirable.

(6) Regulations under this section shall not require information as to the results of an individual pupil’s assessment (whether under [F120 Part 6 [F121 or 7] of the Education Act 2002] [F122 or Part 4 of the Curriculum and Assessment (Wales) Act 2021] or otherwise) to be made available to any persons other than—

(a) the parents of the pupil concerned,

(b) the pupil concerned,

(c) in the case of a pupil who has transferred to a different school, the head teacher of that school,

(d) the governing body of the school, or

(e) the [F26 local authority];

F123 ...

[F124 (6A) Regulations under this section shall not require information as is mentioned in subsection (6) to be made available—

(a) to a governing body except where relevant for the purposes of the performance of any of their functions;

(b) to a head teacher except where relevant for the purposes of the performance of any of the head teacher’s functions;

(c) to a local authority except where relevant for the purposes of the performance of any of their education functions.]

(7) Regulations under this section may authorise [F57 local authorities], governing bodies and head teachers to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

(8) In relation to any maintained school, the [F26 local authority] and the governing body shall exercise their functions with a view to securing that the head teacher complies with any regulations made under this section.

[F125 (8A) In exercising their functions under subsection (1), the Welsh Ministers must have regard to the desirability of information being available to parents and others about whether, and if so how, any parts of the curriculum and any educational provision at maintained schools (other than maintained nursery schools) promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).]

[F126 (9) In this section “maintained school” includes a maintained nursery school.]

Textual Amendments

F26 Words 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))

F57 Words 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(3) (with Sch. 2 para. 7(4)(5))

F93 Words in s. 408(1)(a) inserted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 30(a); S.I. 1997/1468, art. 2, Sch. 1 Pt. III

F94 Words in s. 408(1)(a) inserted (28.7.2000 for certain purposes otherwise 1.9.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(2) (with s.150); S.I. 2001/654, art. 2(3), Sch. Pt. III (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. II

F95 Words in s. 408(1)(a) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 46(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4; Sch. Pt. I

F96 Words in s. 408(1)(a) inserted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 11(2); S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a) (with arts. 3-5)

F97 Words in s. 408(1)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 7; S.I. 2012/924, art. 2

F98 Words in s. 408(1)(a) inserted (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(2)(a); S.I. 2015/1687, art. 2 (with arts. 3-12)

F99 Words in s. 408(1)(a) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(a)

F100 S. 408(1)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F101 Words in s. 408(2)(d) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 106(b) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

F102 S. 408(2)(e) and preceding ", and" inserted (28.7.2000 for certain purposes, otherwise 1.9.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(3) (with 150); S.I. 2001/654, art. 2(3), Sch. Pt. III (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. II

F103 Word in s. 408(2)(e) substituted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 11(3)(a); S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a) (with arts. 3-5)

F104 Words in s. 408(2)(e) inserted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 11(3)(b); S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a) (with arts. 3-5)

F105 Words in s. 408(2)(e) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(2)(b); S.I. 2015/1687, art. 2 (with arts. 3-12)

F106 S. 408(2)(f) inserted (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(2)(c); S.I. 2015/1687, art. 2 (with arts. 3-12)

F107 S. 408(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F108 S. 408(4)(a) repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(3), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F109 S. 408(4)(b)(c) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(d)(i), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F110 Word in s. 408(4)(d) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 106(d)(ii) (with ss. 138(9), 144(6))

F111 Word in s. 408(4)(e) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(b)(i)

F112 Words in s. 408(4)(f) repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), Sch. 7 para. 30(b), Sch. 8; S.I. 2001/1215, art. 2

F113 Word in s. 408(4)(f) omitted (5.10.2015) by virtue of Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(3)(a), 25(3); S.I. 2015/1680, art. 2(d)

F114 S. 408(4)(g) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(a), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

F115 Word in s. 408(4)(g) inserted (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(3)(b), 25(3); S.I. 2015/1680, art. 2(d)

F116 S. 408(4)(h) and word omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(b)(ii)

F117 S. 408(4)(h) inserted (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(3)(c), 25(3); S.I. 2015/1680, art. 2(d)

F118 S. 408(4A) inserted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F119 S. 408(4A)(b) and word omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(c)

F120 Words in s. 408(6) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(5) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F121 Words in s. 408(6) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(d)(i)

F122 Words in s. 408(6) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(d)(ii)

F123 Words in s. 408(6)(e) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(7)(a), Sch. 3 Pt. 1

F124 S. 408(6A) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(7)(b)

F125 S. 408(8A) inserted (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(3)(d), 25(3); S.I. 2015/1680, art. 2(d)

F126 S. 408(9) inserted (1.9.2003 for E., 1.8.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 46(6) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2008/1728, art. 3, Sch. Pt. 2

Complaints and enforcement E+W

409 [F127 Complaints and enforcement: maintained schools [F128 in Wales].] E+W

[F129 (1) A local education authority [F130 in Wales] shall, F131 ... after consultation with governing bodies [F132 of foundation and voluntary aided schools [F130 in Wales],] make arrangements for the consideration and disposal of any complaint to which subsection (2) applies.

(2) This subsection applies to any complaint which is to the effect that the authority, or the governing body of [F133 any community, foundation or voluntary school maintained by the authority [F134 , any maintained nursery school so maintained] or any community [F135 or foundation special] school] so maintained which is not established in a hospital—

(a) have acted or are proposing to act unreasonably in relation to the exercise of a power conferred on them by or under a relevant enactment, or

(b) have acted or are proposing to act unreasonably in relation to the performance of, or have failed to discharge, a duty imposed on them by or under a relevant enactment.

(3) In subsection (2) “relevant enactment” means—

(a) any provision which by virtue of section 408(4) is a relevant provision of this Part for the purposes of section 408(1),

[F136 (aa) [F137 any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1),]] and

(b) any other enactment (whether contained in this Part [F138 or the Curriculum and Assessment (Wales) Act 2021] or otherwise) so far as relating to the curriculum for, or religious worship in, maintained schools F139 ....

(4) The [F140 Welsh Ministers] shall not entertain under [F141 section 496 (power to prevent unreasonable exercise of functions) or 497 (powers where a local education authority or governing body fail to discharge their duties)] [F141 Chapter 1 or 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools and local authorities)] any complaint to which subsection (2) applies, unless a complaint concerning the same matter has been made and disposed of in accordance with arrangements made under subsection (1).]

Textual Amendments

F127 S. 409 sidenote substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(d) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F128 Words in s. 409 heading inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(iii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F129 S. 409 repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(b), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

F130 Words in s. 409(1) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(i), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F131 Words in s. 409(1) repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 47(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F132 Words in s. 409(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F133 Words in s. 409(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F134 Words in s. 409(2) inserted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 47(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4

F135 Words in s. 409(2) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(4); S.I. 2013/1800, art. 3(j)

F136 S. 409(3)(aa) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 47(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

F137 S. 409(3)(aa) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(7)(a)

F138 Words in s. 409(3)(b) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(7)(b)

F139 Words in s. 409(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 107(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F140 Words in s. 409(4) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(ii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

F141 Words in s. 409(4) substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(2); S.I. 2014/178, art. 2(f) (with art. 3)

Nursery education E+W

410 Application of Part V in relation to nursery education. E+W

[F142 Nothing in this Part applies in relation to a nursery school or in relation to a nursery class in a primary school.]

Textual Amendments

F142 S. 410 repealed (1.10.2002 for E., 1.8.2008 for W.) by Education Act 2002 (c. 32), ss. 205, 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2008/1728, art. 3, Sch. Pt. 2