The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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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:
Commencement Orders bringing legislation that affects this Act into force:
(1)The governing body of a maintained school must designate a member of the staff at the school (“the designated person”) as having responsibility for promoting the educational achievement of registered pupils at the school who—
(a)are being looked after by a local authority; or
(b)fall within subsection (6).
(2)The governing body must ensure that the designated person undertakes appropriate training.
(3)The appropriate national authority may by regulations make provision requiring the governing body of a maintained school to ensure that the designated person has qualifications or experience (or both) prescribed by the regulations.
(4)In exercising its functions under this section a governing body of a maintained school must have regard to any guidance issued by the appropriate national authority.
(5)For the purposes of subsection (1)(a) a person is “looked after by a local authority” if the person is—
(a)looked after by a local authority for the purposes of the 1989 Act or the Children (Scotland) Act 1995 (c. 36); or
(b)looked after by an authority for the purposes of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(6)A person falls within this subsection if the person—
(a)is a relevant child within the meaning of section 23A of the 1989 Act or article 34B of the Children (Northern Ireland) Order 1995;
(b)is a former relevant child within the meaning of section 23C of the 1989 Act or article 34D of the Children (Northern Ireland) Order 1995; or
(c)has been looked after by a local authority for the purposes of the Children (Scotland) Act 1995 at any time after attaining the age of 16.
(7)In this section—
in relation to a governing body of a maintained school in England, the Secretary of State;
in relation to a governing body of a maintained school in Wales, the Welsh Ministers;
“maintained school” has the same meaning as in Chapter 1 of Part 3 of the Education Act 2002 (c. 32) (see section 39(1) of that Act);
“registered pupil” has the same meaning as in the Education Act 1996 (c. 56) (see section 434(5) of that Act).
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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