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Education Act 2002
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- 2002 c. 32
- Part 3
- Chapter 1
- Section 38
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Changes and effects yet to be applied to Section 38:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act Education Acts modified by 2006 c. 40 Sch. 6 para. 3(3)
- Act applied by S.I. 2005/397 reg. 2
- Act modified by 2005 c. 18 s. 96(2)
- Act text amended by S.I. 2010/1158 Sch. 2 para. 11(2)(3)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2A inserted by 2004 c. 4 s. 8(6)(8)
- s. 5A inserted by 2004 c. 4 s. 8(7)(8)
- s. 23A inserted by 2006 c. 40 s. 34
- s. 28A inserted by 2005 c. 18 s. 105
- s. 29A inserted by 2008 c. 25 s. 154
- s. 29B inserted by 2008 c. 25 s. 157
- s. 30A inserted by 2005 c. 18 s. 104
- s. 30A repealed by 2011 c. 21 s. 32(1)
- s. 51A inserted by 2011 c. 21 s. 4(2)
- s. 62A applied (with modifications) by S.I. 2007/2979 Sch. 1 para. 18(1)
- s. 62A inserted by 2006 c. 40 Sch. 7 para. 20
- s. 62A(1A)-(1C) inserted by 2009 c. 22 s. 204(2)
- s. 62A(4) words inserted by 2009 c. 22 s. 204(3)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 Sch. 8 para. 20(b)
- s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
- s. 116A inserted by 2009 nawm 1 s. 4
- s. 116B inserted by 2009 nawm 1 s. 5
- s. 116C inserted by 2009 nawm 1 s. 6
- s. 116D inserted by 2009 nawm 1 s. 7
- s. 116E inserted by 2009 nawm 1 s. 8
- s. 116F inserted by 2009 nawm 1 s. 9
- s. 116G inserted by 2009 nawm 1 s. 10
- s. 116H inserted by 2009 nawm 1 s. 11
- s. 116I inserted by 2009 nawm 1 s. 12
- s. 116J inserted by 2009 nawm 1 s. 13
- s. 116J(5)(b)(c) omitted by 2011 nawm 7 s. 9(3)(b)(ii)
- s. 116J(5)(aa) inserted by 2011 nawm 7 s. 9(3)(b)(i)
- s. 116K inserted by 2009 nawm 1 s. 14
- s. 116L inserted by 2009 nawm 1 s. 15
- s. 116M inserted by 2009 nawm 1 s. 16
- s. 116N inserted by 2009 nawm 1 s. 17
- s. 116O inserted by 2009 nawm 1 s. 18
- s. 135A-135C and cross heading inserted by 2011 c. 21 s. 9
- s. 135A(1)(d) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(a)
- s. 135A(2)(k) words substituted by 2011 c. 21 Sch. 13 para. 13(2)(b)
- s. 135A(5) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(c)
- s. 141A-141E and cross heading inserted by 2011 c. 21 s. 8(1)
- s. 141A(1)(ba) inserted by 2011 c. 21 Sch. 13 para. 13(3)
- s. 141D(4) words inserted by 2011 c. 21 Sch. 13 para. 13(4)
- s. 141F-141H and cross heading inserted by 2011 c. 21 s. 13(1)
- s. 156A inserted by 2008 c. 25 Sch. 1 para. 15
- s. 162A 162B inserted by 2005 c. 18 Sch. 8 para. 2
- s. 162A repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162A(4) repealed by 2006 c. 40 Sch. 14 para. 73(2) Sch. 18 Pt. 5
- s. 162A(5) text amended by 2006 c. 40 Sch. 14 para. 73(3)
- s. 162B repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162B(8) repealed by 2006 c. 40 Sch. 14 para. 74 Sch. 18 Pt. 5
- s. 167A-167D inserted by 2006 c. 40 s. 169
- s. 167A(6)(a) repealed by 2008 c. 25 Sch. 1 para. 22(a) Sch. 2
- s. 167A(6)(b) text amended by 2008 c. 25 Sch. 1 para. 22(b) Sch. 2
- s. 167B(1) text amended by S.I. 2008/2833 Sch. 3 para. 196
- s. 167C amendment to earlier affecting provision 2008 c. 25Sch. 1 para. 23 by 2011 c. 21 Sch. 2 para. 20(b)
- s. 167C 167D substituted by 2008 c. 25 Sch. 1 para. 23
- s. 167C text amended by 2009 c. 26 s. 81(2)s. 81(3)(k)
- s. 167C text amended by 2009 c. 26 s. 81(4)(a)
- s. 168A-168C inserted by 2006 c. 40 s. 172(2)
- s. 208A inserted by 2009 c. 22 Sch. 6 para. 55
- s. 208A omitted by 2011 c. 21 Sch. 16 para. 20
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
- Sch. 11A inserted by 2011 c. 21 s. 8(2)
- Sch. 11B inserted by 2011 c. 21 Sch. 4
- specified provision(s) Appointed Day(s) by S.I. 2003/1718 art. 4-6 Sch.
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
Commencement Orders yet to be applied to the Education Act 2002:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/124 art. 2-5 commences (2002 c. 32)
- S.I. 2003/1667 art. 2-6 commences (2002 c. 32)
- S.I. 2003/2071 art. 2 commences (2002 c. 32)
- S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
- S.I. 2003/2992 art. 3 amendment to earlier commencing SI 2002/2439
- S.I. 2004/912 art. 4 5 commences (2002 c. 32)
- S.I. 2004/1318 art. 2 commences (2002 c. 32)
- S.I. 2004/1728 art. 4 5 commences (2002 c. 32)
- S.I. 2005/1395 art. 4 commences (2002 c. 32)
- S.I. 2005/2910 art. 4 commences (2002 c. 32)
- S.I. 2006/172 art. 4 5 commences (2002 c. 32)
- S.I. 2006/879 art. 4 commences (2002 c. 32)
- S.I. 2006/1336 art. 4(1) Sch. Pt. 1 commences (2002 c. 32)
- S.I. 2006/2895 art. 2 commences (2002 c. 32)
- S.I. 2007/3611 art. 4 commences (2002 c. 32)
- S.I. 2008/1728 art. 3 commences (2002 c. 32)
- S.I. 2010/707 art. 3 commences (2002 c. 32)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
- S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
- S.I. 2005/2570 art. 2 amendment to earlier commencing SI 2003/1667
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/2129 art. 3 4 commences (2005 c. 18)
- S.I. 2007/935 art. 2-7 commences (2006 c. 40)
- S.I. 2007/1019 art. 2-5 commences (2006 c. 21)
- S.I. 2007/1271 art. 2 3 commences (2006 c. 40)
- S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
- S.I. 2007/3505 arts. 2-6 commences (2007 c. 25)
- S.I. 2008/313 art. 2 3 commences (2007 c. 25)
- S.I. 2008/1429 art. 3 commences (2006 c. 40)
- S.I. 2008/2261 art. 2 commences (2006 c. 21)
- S.I. 2009/371 art. 2 Sch. commences (2008 nawm 2)
- S.I. 2009/1606 art. 2 commences (2008 c. 25)
- S.I. 2009/2545 art. 3 commences (2006 c. 40)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2009/3174 art. 2 commences (2009 nawm 1)
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/735 art. 2 commences (2005 c. 18)
- S.I. 2010/1093 art. 2 3 commences (2008 c. 25)
- S.I. 2010/1101 art. 2-5 commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1817 art. 2-4 commences (2010 c. 26)
- S.I. 2010/1937 art. 2-5 commences (2010 c. 32)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2010/2413 art. 2 commences (2009 c. 22)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2011/97 art. 2 commences (2009 nawm 1)
- S.I. 2011/829 art. 2 commences (2009 c. 22)
- S.R. 2005/282 art. 2-5 commences (2004 c. 4)
Prospective
38 Communication with schoolsE+W
This section has no associated Explanatory Notes
(1)In considering whether to issue any guidance or other circular to the governing bodies or head teachers of maintained schools in the exercise of functions relating to education, the Secretary of State and the National Assembly for Wales shall have regard to—
(a)the desirability of providing information about good educational practice, while recognising the professional expertise of teachers,
(b)the benefits that are expected to result from the issue of the guidance or other circular, and
(c)the desirability of avoiding—
(i)the sending of excessive material to governing bodies or head teachers, and
(ii)the imposition of excessive administrative burdens on governing bodies or head teachers.
(2)In pursuance of the duty in subsection (1) the Secretary of State shall in respect of each academic year—
(a)prepare a report listing—
(i)documents sent by him during the year to all governing bodies of maintained schools in England or to all head teachers of such schools, and
(ii)documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and
(b)lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by him.
(3)In pursuance of the duty in subsection (1) the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing—
(a)documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools, and
(b)documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.
(4)The documents referred to in subsections (2) and (3) do not include any document sent by the Secretary of State or the National Assembly for Wales—
(a)otherwise than in the exercise of functions relating to education, or
(b)at the request of the person to whom it is sent.
(5)Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall list within it previous relevant documents issued by the Secretary of State or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document.
(6)Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall state clearly the persons for whom any advice and guidance is intended.
(7)In this section “academic year” means a period beginning with 1st August and ending with the next 31st July.
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