Education Act 2002

General duties in respect of the curriculum E+W

78 General requirements in relation to curriculum E+W

(1) The curriculum for a maintained school or maintained nursery school satisfies the requirements of this section if it is a balanced and broadly based curriculum which—

(a) promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society, and

(b) prepares pupils at the school for the opportunities, responsibilities and experiences of later life.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 78(2) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 5, Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

Commencement Information

I1 S. 78 wholly in force at 1.10.2002; s. 78 not in force at Royal Assent, see s. 216; s. 78 in force for certain purposes at 26.7.2002 by S.I. 2002/2002, art. 2 and at 1.10.2002 insofar as not already in force by S.I. 2002/2439, art. 2 (with transitional provisions and savings in Sch.)

79 Duty to implement general requirements E+W

[F2 (1) The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78.

(2) Every [F3 local authority] in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78.]

(3) The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 78.

(4) The functions referred to in subsections (1) to (3) include in particular—

(a) functions conferred by this Part in relation to the National Curriculum for England, and

(b) except in relation to maintained nursery schools F4 ..., functions relating to religious education and religious worship.

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In exercising any function which may affect the provision of sex education in maintained schools, every [F3 local authority] in England shall have regard to the guidance issued by the Secretary of State under section 403(1A) of the Education Act 1996 (c. 56).

(7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a [F3 local authority] with regard to sex education.

Textual Amendments

F2 S. 79(1)(2) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 6(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F3 Words 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)

F4 Words in s. 79(4)(b) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 6(3), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

F5 S. 79(5) repealed (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 6(4), Sch. 3 Pt. 1; S.I. 2008/2261, art. 2 (with Sch. 1)

80 Basic curriculum for every maintained school in England E+W

(1) The curriculum for every maintained school in England shall comprise a basic curriculum which includes—

(a) provision for religious education for all registered pupils at the school (in accordance with such of the provisions of Schedule 19 to the School Standards and Framework Act 1998 (c. 31) as apply in relation to the school),

(b) a curriculum for all registered pupils at the school [F6 who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006] but are not over compulsory school age (known as “the National Curriculum for England”),

(c) in the case of a secondary school, provision for sex education for all registered pupils at the school, and

(d) in the case of a special school, provision for sex education for all registered pupils at the school who are provided with secondary education.

(2) Subsection (1)(a) does not apply—

(a) in relation to [F7 pupils who are under compulsory school age] , or

(b) in the case of a maintained special school (provision as to religious education in special schools being made by regulations under section 71(7) of the School Standards and Framework Act 1998).

(3) The Secretary of State may by order—

(a) amend subsection (1) so as to add further requirements (otherwise than in relation to religious education or sex education),

(b) amend subsection (1)(b) by substituting for the reference to compulsory school age (or to any age specified there by virtue of this paragraph) a reference to such other age as may be specified in the order, and

(c) amend any provision included in subsection (1) by virtue of paragraph (a) of this subsection.

Textual Amendments

F6 Words in s. 80(1)(b) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 7(2); S.I. 2008/2261, art. 2 (with Sch. 1)

F7 Words in s. 80(2)(a) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 1 para. 7(3); S.I. 2008/2261, art. 2 (with Sch. 1)

Modifications etc. (not altering text)

C1 S. 80(1)(d) applied (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 10

C2 S. 80(1)(d) applied (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 19