(1)The Secretary of State shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by local education authorities and the governing bodies of [F1maintained schools] [F2 and maintained nursery schools ] of their functions under this Part.
(2)It shall be the duty of—
(a)local education authorities, and such governing bodies, exercising functions under this Part, and
(b)any other person exercising any function for the purpose of the discharge by local education authorities, and such governing bodies, of functions under this Part,
to have regard to the provisions of the code.
(3)On any appeal under this Part to the Tribunal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.
(4)The Secretary of State shall publish the code as for the time being in force.
[F3(5)In this Part (except sections 333 to 336), “the Tribunal”, in relation to an appeal, means—
(a)where the local education authority concerned is in England, the Special Educational Needs and Disability Tribunal,
(b)where the local education authority concerned is in Wales, the Special Educational Needs Tribunal for Wales.]
Textual Amendments
F1Words in s. 313(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 72 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1
F2Words in s. 313(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 36 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.
F3S. 313(5) substituted (1.9.2003) by Education Act 2002 (c. 32), s. 216(3), Sch. 18 para. 2 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III
(1)Where the Secretary of State proposes to issue or revise a code of practice, he shall prepare a draft of the code (or revised code).
(2)The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them.
(3)If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay it before both Houses of Parliament.
(4)If the draft is approved by resolution of each House, the Secretary of State shall issue the code in the form of the draft, and the code shall come into effect on such day as the Secretary of State may by order appoint.