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Education Act 1996, Section 404 is up to date with all changes known to be in force on or before 24 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The governing body of a maintained school [F2in England] shall—
(a)make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and
(b)make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.
[F3(1A)A statement under subsection (1) must include a statement of the effect of section 405.]
[F4(1B)In subsection (1) the reference to sex education does not include sex education given as part of statutory relationships and sex education (and accordingly subsection (1) does not apply at all in relation to a school at which sex education is only given as part of statutory relationships and sex education).]
(2)[F5In subsection (1) “maintained school” includes, in relation to pupils who are provided with secondary education, [F6a community or foundation special school] established in a hospital.]
[F5In this section—
“maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital;
“statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.]
F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 404 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 19(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
F2Words in s. 404(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 19(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)
F3S. 404(1A) inserted (1.11.2000 (E.), 1.9.2001 (W.)) by 2000 c. 21, ss. 148(6), 154 (with s. 150)); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274 art. 2(2) Sch. Pt. II
F4S. 404(1B) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 3(2)
F5S. 404(2) substituted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 3(3)
F6Words in s. 404(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 103(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F7S. 404(3) repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 103(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I
Modifications etc. (not altering text)
C1S. 404 applied (with modifications) (E.) (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. 1
C2S. 404 applied (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007 (S.I. 2007/1069), reg. 1(1), Sch. 1 para. 1
C3S. 404 applied (E.) (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. 3
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