The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations give effect to the duty on the Secretary of State in section 34 of the Children and Social Work Act 2017 to make provision by regulations requiring relationships education to be provided to pupils of compulsory school age receiving primary education and relationships and sex education to be provided to pupils receiving secondary education. The regulations also exercise the power, in section 35 of the 2017 Act, to require health education to be provided to all pupils of compulsory school age receiving primary education in state-funded schools and all pupils receiving secondary education in state-funded schools.

Paragraph 2 of the Schedule amends section 403 of the Education Act 1996 (“the 1996 Act”) so that the requirement in that section for the Secretary of State to issue guidance covering certain prescribed matters applies only to non-compulsory sex education (for example in a maintained primary school). It makes other, minor amendments to section 403 to preserve its effect in relation to other matters.

Paragraph 3 of the Schedule amends section 404 of the 1996 Act, which requires governing bodies of maintained schools to make statements of policy with regard to the provision of sex education so that it continues to apply to sex education given other than in accordance with the new requirement to provide relationships and sex education.

Paragraph 4 of the Schedule amends section 405 of the 1996 Act by introducing a new provision in relation to the right of a pupil to be excused from the sex education element of compulsory relationships and sex education, whilst maintaining the position for sex education which is given other than as part of compulsory relationships and sex education.

Paragraph 6 of the Schedule amends section 79(6) of the Education Act 2002 (“the 2002 Act”). Section 79(6) places a duty on local authorities to have regard to guidance issued by the Secretary of State under section 403(1A) of the 1996 Act in exercising functions which may affect the provision of sex education in maintained schools; the amendment extends that duty to guidance issued under section 80A of the 2002 Act.

Paragraph 7 of the Schedule amends section 80 of the 2002 Act, which sets out the constituent parts of the basic curriculum for maintained schools in England. The effect of the amendment is that relationships education will form part of the basic curriculum for all primary pupils at maintained schools, relationships and sex education will form part of the basic curriculum for all secondary pupils at maintained schools, and health education will form part of the basic curriculum for all pupils at maintained schools.

Paragraph 8 of the Schedule introduces new provisions requiring the Secretary of State to issue guidance about the provision of relationships education, relationships and sex education and health education to which maintained schools must have regard, and requiring maintained schools to issue statements of policy about the provision of relationships education and relationships and sex education.

Paragraph 9 of the Schedule amends Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 to apply the new provisions in the 2002 Act to pupil referral units.

Paragraphs 10 to 12 of the Schedule amend the Education (Independent School Standards) Regulations 2014 so that relationships education, relationships and sex education and health education are compulsory in academies and relationships education and relationships and sex education are compulsory in all other independent schools, and introduce requirements to have regard to guidance and to issue statements of policy.

Paragraph 13 of the Schedule amends the Non-Maintained Special Schools (England) Regulations 2015 so that relationships education, relationships and sex education and health education are compulsory in non-maintained special schools, and introduces requirements to have regard to guidance and to issue statements of policy.

An impact assessment of the effect that this instrument will have on the costs of business and the public and voluntary sector is available from the Life Skills Division, Department for Education, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT and accessible on the Department’s internet website at http://www.education.gov.uk. Copies have also been placed in the Library of each House of Parliament.