School Standards and Framework Act 1998

84 Code of practice. E+W

(1) The Secretary of State shall issue, and may from time to time revise, a code of practice containing such practical guidance as he thinks appropriate in respect of the discharge by—

(a) local education authorities,

(b) the governing bodies of maintained schools,

(c) appeal panels, and

(d) adjudicators,

of their respective functions under this Chapter.

(2) The code may include guidelines setting out aims, objectives and other matters in relation to the discharge of their functions under this Chapter by local education authorities and such governing bodies.

(3) It shall be the duty of—

(a) each of the bodies and persons mentioned in subsection (1) when exercising functions under this Chapter, and

(b) any other person when exercising any function for the purposes of the discharge by a local education authority, or the governing body of a maintained school, of functions under this Chapter,

to have regard to any relevant provisions of the code.

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

(5) The Secretary of State may under subsection (1)—

(a) make separate provision (by means of separate codes of practice) in relation to different functions under this Chapter of the bodies and persons mentioned in that subsection;

(b) make different provision for England and for Wales (whether or not by means of separate codes of practice);

and references in this section to “the code” or to functions under this Chapter shall have effect, in relation to any such separate code of practice, as references to that code or to functions under this Chapter to which it relates (as the case may be).

(6) In this Chapter—

• “admission arrangements” and “the admission authority” have the meaning given by section 88;

• “appeal panel” means a panel constituted [F1 in accordance with regulations under section 94(5) or 95(3)] for the purpose of hearing an appeal under this Chapter;

• “child” (except in sections 96 and 97) includes a person who has not attained the age of 19;

• “maintained school” means a community, foundation or voluntary school;

• [F2 “the relevant standard number”, in relation to a maintained school, a relevant age group and a school year, means the standard number applying under Schedule 23 to the school in relation to that age group and year.]

Textual Amendments

F1 Words in s. 84(6) substituted (20.1.2003 for E., 31.5.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with art. 3, Sch. para. 3); S.I. 2005/1395, art. 4, Sch. (with art. 5(3)(4))

F2 S. 84(6): Definition of "the relevant standard number" repealed (1.10.2002 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.)

Modifications etc. (not altering text)

C1 S. 84 modified (temp.)(22.4.1999) by S.I. 1999/1064, reg.2.

S. 84 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8.

S. 84 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.

C2 S. 84 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)

C3 S. 84(6) modified (6.1.1999) by S.I. 1998/3130, reg.2