Part IV Special educational needs

Chapter I Children with special educational needs

Code of Practice

313 Code of Practice.

1

The Secretary of State shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by local education authorities and the governing bodies of F1maintained schoolsF2 and maintained nursery schools of their functions under this Part.

2

It shall be the duty of—

a

local education authorities, and such governing bodies, exercising functions under this Part, and

b

any other person exercising any function for the purpose of the discharge by local education authorities, and such governing bodies, of functions under this Part,

to have regard to the provisions of the code.

3

On any appeal under this Part to the Tribunal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.

4

The Secretary of State shall publish the code as for the time being in force.

F35

In this Part (except sections 333 to 336), “the Tribunal”, in relation to an appeal, means—

a

where the local education authority concerned is in England, the Special Educational Needs and Disability Tribunal,

b

where the local education authority concerned is in Wales, the Special Educational Needs Tribunal for Wales.