Section 405 Exemption from sex education.C1C2C3
England and Wales
If the parent of any pupil in attendance at a maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.
In subsection (1) the reference to sex education does not include sex education provided at a maintained school in England as part of statutory relationships and sex education.
If the parent of any pupil in attendance at a maintained school in England requests that the pupil may be wholly or partly excused from sex education provided as part of statutory relationships and sex education, the pupil must be so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.
In this section “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.
Annotations
Textual amendments
- F1
S. 405(1): s. 405 renumbered as s. 405(1) (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. 4(2)
- F2
S. 405(2)-(4) 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. 4(3)
Modifications
- C1
S. 405 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. 2
- C2
S. 405 applied (with modifications) (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. 2
- C3
S. 405 applied (with modifications) (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. 4
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)