209.Provisions for the general duties for the delivery of the curriculum are contained in section 351 of the Education Act 1996. Subsection (2) of section 148 inserts new provisions into section 351 to provide that in exercising any function which may affect the provision of sex education in maintained schools (such as providing training, information or advice to teachers) every local education authority must have regard to the guidance issued by the Secretary of State under section 403(1A) of the Education Act 1996 as amended by this Act but otherwise have no duties in respect of the provision of sex education.
210.Provisions for the delivery of sex education are contained in section 403 of the Education Act 1996 which requires the LEA, the governing body and the head teacher to take such steps as are reasonably practicable to secure that, where sex education is given to pupils in a maintained school, it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life. In accordance with the changes to section 351 of the 1996 Act, section 148 removes from section 403(1) the words “the local education authority”.
211.Section 148 also inserts four new subsections into section 403 of the 1996 Act. The new section 403(1A) places a statutory duty on the Secretary of State (and in Wales, the National Assembly) to issue guidance designed to secure that when sex education is given to registered pupils at maintained schools they
The new section 403(1B) requires governing bodies and head teachers to have regard to the guidance in the discharge of their duties under subsection 403(1) of the Education Act 1996. The new section 403(1C) requires that the guidance must include guidance about any materials NHS bodies, defined in section 22 of the National Health Service Act 1977, produce for the purpose of sex education in schools. The new section 403(1D) states that the Secretary of State may at any time revise the guidance. Finally, the section amends section 404 of the Education Act 1996 so that a school’s education policy must include a statement of the right of parents to withdraw their children from sex education.
212.The Secretary of State issued guidance to head teachers, teachers and school governors in England on 7 July 2000 (Ref: DfEE 0116/2000). That guidance is intended to fulfil the requirements of the new subsection 403(1A).
Commentary on Sections Part V - Miscellaneous and General Section 148: sex education