http://www.legislation.gov.uk/ukpga/2002/32/section/38/madeEducation Act 2002Voluntary controlled schoolsVoluntary aided schoolsState schoolsSchool performance and standardsSchool term datesKing's Printer of Acts of Parliament2021-08-03 Education Act 2002s. 85 85AEducation and Inspections Act 2006s. 74(1)s. 188(3)Education Act 2002s. 86(1)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 86(2)Education and Inspections Act 2006s. 74(2)(c)s. 188(3)Education Act 2002s. 88(2)-(7)Education and Inspections Act 2006s. 74(3)s. 188(3)Education Act 2002s. 29(2A)-(2D)Apprenticeships, Skills, Children and Learning Act 2009s. 260(4)s. 269(3)Education Act 2002s. 85A(5)Apprenticeships, Skills, Children and Learning Act 2009Sch. 12 para. 34s. 269(4)art. 2Sch. 1Education Act 2002specified provision(s)The Education Act 2002 (Commencement No. 6 and Transitional and Saving Provisions) (Amendment) Order 2005art. 2Education Act 2002s. 85AEducation Act 2011s. 31(2)s. 82(2)(b)Education Act 2002s. 29BEducation and Skills Act 2008s. 157s. 173(3)(4)Education Act 2002s. 210AEducation and Skills Act 2008Sch. 1 para. 79s. 173(3)(4)Education Act 2002specified provision(s)The Education (Hazardous Equipment and Materials) (England) Regulations 2004Sch.Education Act 2002s. 141A(1)(bb)-(bf)Children’s Wellbeing and Schools Act 2026s. 52(2)(a)(ii)s. 78(5)Education Act 2002s. 141B(3A)Children’s Wellbeing and Schools Act 2026s. 52(4)(b)s. 78(5)Education Act 2002s. 122A(10A)Children’s Wellbeing and Schools Act 2026Sch. 3 para. 6s. 78(2)(i)(5)Education Act 2002s. 129(5)(g) and wordThe Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026reg. 3(2)(b)reg. 1(2)Education Act 2002s. 27(1A)Children, Schools and Families Act 2010s. 4(1)s. 27s. 29(5)Education Act 2002s. 88(7)The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010Sch. 1 para. 45 Sch. 2 Pt. 1art. 2(3)art. 1(2)(a)(b)Education Act 2002s. 142(9)(b)The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010Sch. 2 para. 11(10)(b)art. 1Education Act 2002Pt. 8AEmployment Rights Act 2025Sch. 4 para. 1Contains power in ss. 148B, 148H, 148J, 148K, 148N, 148Os. 159(3)Education Act 2002Sch. 12AEmployment Rights Act 2025Sch. 4 para. 2Sch. 4 para. 5s. 159(3)Education Act 2002Sch. 2 para. 10AEmployment Rights Act 2025Sch. 4 para. 4(a)s. 159(3) Part 3Chapter 1 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.