Education Act 2002

127 Guidance E+W

(1) The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.

(2) The following shall have regard to guidance under subsection (1)—

(a) a [F1 local authority], and

(b) the governing body of a school.

(3) Where an employer fails to follow guidance under subsection (1)—

(a) the failure shall not give rise to civil liability, but

(b) a court or tribunal may take the failure into account in any proceedings.

(4) The Secretary of State may not issue guidance under subsection (1) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—

(a) associations of [F2 local authorities],

(b) [F2 local authorities],

(c) bodies representing the interests of governing bodies of schools, and

(d) bodies representing the interests of teachers.

Textual Amendments

F1 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), art. 1, Sch. 2 para. 11(2)

F2 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), art. 1, Sch. 2 para. 11(3)

Modifications etc. (not altering text)

C1 S. 127: functions transferred (30.9.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(2), 39(3)

Commencement Information

I1 S. 127 in force at 1.8.2003 by S.I. 2003/1667, art. 2