OpenLegislation

Section 404 Sex education: statements of policy.C1C2C3

England and Wales

(1)

The governing body of a maintained school shall—

(a)

make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and

(b)

make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.

F1(1A)

A statement under subsection (1) must include a statement of the effect of section 405.

F2(1B)

In subsection (1) the reference to sex education does not include sex education given as part of statutory relationships and sex education (and accordingly subsection (1) does not apply at all in relation to a school at which sex education is only given as part of statutory relationships and sex education).

(2)

F3In subsection (1) “maintained school” includes, in relation to pupils who are provided with secondary education, F4a community or foundation special school established in a hospital.

In this section—

  • “maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital;

  • “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

F5(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 404(1A) inserted (1.11.2000 (E.), 1.9.2001 (W.)) by 2000 c. 21, ss. 148(6), 154 (with s. 150)); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274 art. 2(2) Sch. Pt. II

F2

S. 404(1B) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 3(2)

F3

S. 404(2) substituted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 3(3)

F4

Words in s. 404(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 103(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F5

S. 404(3) repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 103(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

Modifications

C1

S. 404 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 1

C2

S. 404 applied (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007 (S.I. 2007/1069), reg. 1(1), Sch. 1 para. 1

C3

S. 404 applied (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 3

Notes on Part V

Modifications

C1

Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57

Notes on Chapter IV

Modifications

C1

Pt. V Ch. IV: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(b), 70(2); S.I. 2018/346, reg. 4(e)

C2

Pt. V Ch. IV: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(b), 70(2); S.I. 2018/346, reg. 4(f)