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Education Act 2002

Section 126: Consultation by the Secretary of State

267.This section requires the Secretary of State to consult appropriate bodies before making any order under section 122 or section 125(4)(a). The relevant bodies are again LEAs and LEA associations, governor bodies, and bodies representing school teachers (teacher unions). Consultation with relevant bodies takes place under existing arrangements for making pay orders and is an important part of the review process. The consultation requirement relating to section 125(4)(a) relates to the Secretary of State’s power to make an order identifying a certain provision as ‘subsidiary’, which may be used where such a provision is not already covered in section 125(3).

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