Part 3

Maintained schools
Chapter 1

Government of maintained schools

Communication with schools
38
1
In considering whether to issue any guidance or other circular to the governing bodies or head teachers of maintained schools in the exercise of functions relating to education, the Secretary of State and the National Assembly for Wales shall have regard to—
a
the desirability of providing information about good educational practice, while recognising the professional expertise of teachers,
b
the benefits that are expected to result from the issue of the guidance or other circular, and
c
the desirability of avoiding—
i
the sending of excessive material to governing bodies or head teachers, and
ii
the imposition of excessive administrative burdens on governing bodies or head teachers.
2
In pursuance of the duty in subsection (1) the Secretary of State shall in respect of each academic year—
a
prepare a report listing—
i
documents sent by him during the year to all governing bodies of maintained schools in England or to all head teachers of such schools, and
ii
documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and
b
lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by him.
3
In pursuance of the duty in subsection (1) the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing—
a
documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools, and
b
documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.
4
The documents referred to in subsections (2) and (3) do not include any document sent by the Secretary of State or the National Assembly for Wales—
a
otherwise than in the exercise of functions relating to education, or
b
at the request of the person to whom it is sent.
5
Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall list within it previous relevant documents issued by the Secretary of State or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document.
6
Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall state clearly the persons for whom any advice and guidance is intended.
7
In this section “academic year” means a period beginning with 1st August and ending with the next 31st July.
S. 38(1)(2)(4)-(7) in force at 1.10.2003 except in relation to W. by S.I. 2003/1667, art. 5 (with Sch. para. 1, Sch. Sch. para. 1A) (which transitional provisions in Sch. para. 1 are revoked (1.4.2004) by S.I. 2004/571, art. 3, Sch.; and in Sch. para. 1A are inserted (10.9.2005) by S.I. 2005/2570, art. 2(a))
S. 38 in force at 2.1.2008 for W. by S.I. 2007/3611, art. 4(1), Sch. Pt. 1 (with Sch. Pt para. 1)