Education Act 2002

176 Consultation with pupils E+W

(1) It shall be the duty—

(a) of a [F1 local authority], in the exercise of any of their schools functions, and

(b) of the governing body of a maintained school, in the exercise of any function relating to the conduct of the school,

to have regard to any guidance given from time to time by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) about consultation with pupils in connection with the taking of decisions affecting them.

(2) Any guidance under this section must provide for a pupil’s views to be considered in the light of his age and understanding.

(3) In this section—

• “maintained school” means a community, foundation or voluntary school [F2 , a community or foundation special school or a maintained nursery school];

• F3 ...

• “schools functions”, in relation to a [F1 local authority], means functions relating to—

  (a)

  maintained schools,

  (b)

  pupil referral units, or

  (c)

  the provision of education for children of compulsory school age otherwise than at school.

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 s. 176(3) substituted (1.9.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 167(a), 188(3); S.I. 2007/1801, art. 3(f); S.I. 2010/2543, art. 2(k)

F3 Words in s. 176(3) repealed (1.9.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 167(b), 188(3), Sch. 18 Pt. 6; S.I. 2007/1801, art. 3(f)(h); S.I. 2010/2543, art. 2(k)(m)

Commencement Information

I1 S. 176 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4

I2 S. 176 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2