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PART 6SUPPLEMENTARY

Mental health and emotional well-being

63Duty to have regard to mental health and emotional well-being of children and young persons

(1)A person within subsection (2) must, in exercising any function conferred by or under this Act, have regard to the mental health and emotional well-being of children and young persons likely to be affected by the exercise of the function.

(2)The persons are—

(a)the head teacher of a maintained school or a maintained nursery school;

(b)the governing body of a maintained school or a maintained nursery school;

(c)a provider of funded non-maintained nursery education;

(d)the teacher in charge of a pupil referral unit;

(e)the management committee for a pupil referral unit;

(f)a person who provides teaching and learning for a child otherwise than at a maintained school, maintained nursery school or pupil referral unit by virtue of arrangements made under section 19A of the Education Act 1996 (c. 56);

(g)a local authority in Wales.