Part 11Miscellaneous and General

General duties of F3local authorities and governing bodies

Annotations:
Amendments (Textual)

I2I4175 Duties F5... in relation to welfare of children

1

A F2local authority shall make arrangements for ensuring that F1their education functions are exercised with a view to safeguarding and promoting the welfare of children.

C12

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.

F63A

The proprietor of a 16 to 19 Academy must make arrangements to ensure that the proprietor's functions relating to the conduct of the Academy are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the Academy.

3B

The Secretary of State may not—

a

enter into an agreement with the proprietor of an institution in England for the provision of further education, unless the agreement requires the proprietor to comply with the safeguarding duties, or

b

give financial assistance under section 14 to the proprietor of an institution in England for the provision of further education unless the assistance is given on terms requiring the proprietor to comply with the safeguarding duties,

but this subsection does not restrict the Secretary of State's powers to enter into an agreement with, or give financial assistance to, an institution to which subsection (3) or (3A) applies.

3C

“The safeguarding duties” are—

a

a duty to make arrangements to ensure that the proprietor's 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, and

b

a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.

C14

F7A person mentioned in any of subsections (1) to F8(3A) 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.

  • F9“proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution.

F4I1I3176 Consultation with pupils

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