(1)In discharging any function under section 110 the governing body of a school shall have regard to any guidance given from time to time by the Secretary of State.
(2)If the Secretary of State by order so provides, the governing body of a school to which subsection (1) of that section applies shall ensure that any form of words—
(a)specified in the order, or
(b)having such effect as is so specified,
is not used in a home-school agreement or (as the case may be) in a parental declaration.
(3)An order under subsection (2) may apply—
(a)to any school specified in the order, or
(b)to any description of school so specified.
(4)Neither the governing body of a school to which section 110(1) applies nor the local education authority where it is the admission authority for such a school shall—
(a)invite any person to sign the parental declaration at a time when the child in question has not been admitted to the school;
(b)make it a condition of a child being admitted to the school that the parental declaration is signed in respect of the child; or
(c)make any decision as to whether or not to admit a child to the school by reference to whether any such declaration is or is not likely to be signed in respect of the child;
and in this subsection “admission authority” has the meaning given by section 88(1).
(5)No person shall be excluded from such a school or suffer any other adverse consequences on account of any failure to comply with any invitation to sign the parental declaration.
(6)A home-school agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.