OpenLegislation

Section 127 GuidanceI1C1

England and Wales

(1)

The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.

(2)

The following shall have regard to guidance under subsection (1)—

(a)

a F1local authority, and

(b)

the governing body of a school.

F2(2A)

The Secretary of State may issue guidance about the determination of whether, for the purposes of section 122A, a person’s remuneration is at least equal to the amount specified in, or determined in accordance with, an order under that section.

(2B)

The proprietor of an Academy must have regard to guidance under subsection (2A).

(3)

Where an employer fails to follow guidance under subsection (1) F3or (2A)—

(a)

the failure shall not give rise to civil liability, but

(b)

a court or tribunal may take the failure into account in any proceedings.

(4)

The Secretary of State may not issue guidance under subsection (1) F4or (2A) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—

(a)

associations of F5local authorities,

(b)

local authorities,

F6(ba)

bodies representing the interests of proprietors of Academies,

(c)

bodies representing the interests of governing bodies of schools, and

(d)

bodies representing the interests of teachers.

Annotations

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), art. 1, Sch. 2 para. 11(2)

F2

S. 127(2A)(2B) inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(2)(i), Sch. 3 para. 11(a)

F3

Words in s. 127(3) inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(2)(i), Sch. 3 para. 11(b)

F4

Words in s. 127(4) inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(2)(i), Sch. 3 para. 11(c)(i)

F5

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), art. 1, Sch. 2 para. 11(3)

F6

S. 127(4)(ba) inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), s. 78(2)(i), Sch. 3 para. 11(c)(ii)

Modifications

C1

S. 127: functions transferred (30.9.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(2), 39(3)

Commencement

I1

S. 127 in force at 1.8.2003 by S.I. 2003/1667, art. 2