Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)
(1)A [F2local authority] shall make arrangements for ensuring that [F3their education functions] are exercised with a view to safeguarding and promoting the welfare of children.
(2)The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.
(3)The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.
(4)An authority or body mentioned in any of subsections (1) to (3) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.
(5)In this section—
“child” means a person under the age of eighteen;
“governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);
“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.
Textual Amendments
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
F3Words in s. 175(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(11)
Commencement Information
I1S. 175 in force at 1.6.2004 except in relation to W. by S.I. 2004/1318, art. 2
I2S. 175 in force at 1.9.2006 for W. by S.I. 2006/172, art. 5
(1)It shall be the duty—
(a)of a [F2local authority], in the exercise of any of their schools functions, and
(b)of the governing body of a maintained school, in the exercise of any function relating to the conduct of the school,
to have regard to any guidance given from time to time by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) about consultation with pupils in connection with the taking of decisions affecting them.
(2)Any guidance under this section must provide for a pupil’s views to be considered in the light of his age and understanding.
(3)In this section—
“maintained school” means a community, foundation or voluntary school [F4, a community or foundation special school or a maintained nursery school];
F5...
“schools functions”, in relation to a [F2local authority], means functions relating to—
maintained schools,
pupil referral units, or
the provision of education for children of compulsory school age otherwise than at school.
Textual Amendments
F2Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)
F4Words in s. 176(3) substituted (1.9.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 167(a), 188(3); S.I. 2007/1801, art. 3(f)
F5Words in s. 176(3) repealed (1.9.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 167(b), 188(3), Sch. 18 Pt. 6; S.I. 2007/1801, art. 3(f)(h)
Commencement Information
I3S. 176 in force at 1.9.2003 except in relation to W. by S.I. 2003/1667, art. 4
I4S. 176 in force at 1.9.2004 for W. by S.I. 2004/1728, art. 5, Sch. Pt. 2