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Apprenticeships, Skills, Children and Learning Act 2009, Section 216 is up to date with all changes known to be in force on or before 25 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)For the purposes of the law of defamation the following are absolutely privileged—
(a)the publication of any matter in communications between a governing body and a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, for the purposes of this Chapter;
(b)the publication of any matter by a Local Commissioner or by any person discharging or assisting in the discharge of a function of a Local Commissioner, in communicating for the purposes of this Chapter with a person mentioned in subsection (2);
(c)the publication of any matter in preparing, making and sending a statement in accordance with section 211;
(d)the publication of any matter by inclusion in an adverse findings notice published in accordance with section 212(3), (4) and (5) or (6);
(e)the publication of any matter by inclusion in a statement or summary published or supplied under section 213;
(f)the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 219.
(2)The persons mentioned in subsection (1)(b) are—
(a)the governing body;
(b)the complainant (or, if the complainant is the pupil, a parent of the complainant);
(c)Her Majesty's Chief Inspector of Education, Children's Services and Skills;
(d)the Parliamentary Commissioner for Administration;
(e)a [F1local authority] (within the meaning given by [F2section 579(1)] of the Education Act 1996 (c. 56));
(f)the Secretary of State.
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) , Sch. 2 para. 16(2)
F2Words in s. 216(2)(e) 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. 16(11)
Commencement Information
I1S. 216 in force at 19.4.2010 for specified purposes by S.I. 2010/303, art. 5, Sch. 4 (with arts. 9-11)
I2S. 216 in force at 1.9.2010 for specified purposes by S.I. 2010/1151, art. 4, Sch. 2
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