Education Act 2002

79 Duty to implement general requirements

(1) The Secretary of State shall exercise his functions with a view to securing—

(a) that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78, and

(b) at the curriculum for any funded nursery education provided otherwise than at a maintained school or maintained nursery school satisfies the requirements of that section.

(2) Every local education authority in England shall exercise their functions with a view to securing—

(a) that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78, and

(b) that the curriculum for any funded nursery education provided, under arrangements made by them, otherwise than at a maintained school or maintained nursery school, satisfies the requirements of section 78.

(3) The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 78.

(4) The functions referred to in subsections (1) to (3) include in particular—

(a) functions conferred by this Part in relation to the National Curriculum for England, and

(b) except in relation to maintained nursery schools or the provision of funded nursery education otherwise than at a maintained school or maintained nursery school, functions relating to religious education and religious worship.

(5) Any person providing funded nursery education under the arrangements mentioned in section 77(2)(b) shall secure that the curriculum for that funded nursery education satisfies the requirements of section 78.

(6) In exercising any function which may affect the provision of sex education in maintained schools, every local education authority in England shall have regard to the guidance issued by the Secretary of State under section 403(1A) of the Education Act 1996 (c. 56).

(7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a local education authority with regard to sex education.