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Point in time view as at 01/12/2012. This version of this cross heading contains provisions that are prospective.
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There are currently no known outstanding effects for the Education and Skills Act 2008, Cross Heading: Maintained schools: pupils' views.
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Prospective
After section 29A of the Education Act 2002 insert—
(1)The governing body of a maintained school must invite the views of pupils about prescribed matters.
(2)In exercising any of their functions relating to the conduct of the school, the governing body of a maintained school must consider any relevant views of registered pupils at the school about matters prescribed under subsection (1) (whether expressed by virtue of that subsection or otherwise) and, in doing so, must have regard to the age and understanding of the pupils who expressed them.
(3)For the purposes of subsection (1), a governing body invite the views of pupils about a matter if they invite the views of—
(a)all registered pupils at the school,
(b)such of those pupils as appear to the governing body to be affected by the matter, or
(c)pupils appearing to the governing body to be representative of pupils within paragraph (a) or (b).
(4)The following are the matters that may be prescribed under subsection (1)—
(a)the exercise, or proposed exercise, of a function of the governing body of a maintained school relating to the conduct of the school;
(b)the exercise, or proposed exercise, of such a function in a particular way.
(5)In discharging their duties under subsections (1) and (2), the governing body of a maintained school must have regard to any guidance given from time to time—
(a)in relation to England, by the Secretary of State, or
(b)in relation to Wales, by the Welsh Ministers.
(6)In this section, “prescribed” means—
(a)in relation to England, prescribed by the Secretary of State;
(b)in relation to Wales, prescribed by the Welsh Ministers.
(7)Nothing in this section affects any power or duty relating to consulting pupils which a governing body of a maintained school have otherwise than under this section.”
In section 176 of the Education Act 2002 (c. 32) (consultation with pupils), subsection (1) is amended as follows—
(a)in paragraph (a) (duty of [F1local authorities]), after “authority” insert “ in Wales ”;
(b)omit paragraph (b) (duty of governing bodies);
(c)for “the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales)” substitute “ the Welsh Ministers ”.
Textual Amendments
F1Words 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. 15(2)
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