Learning and Skills Bill [H.L.] - continued        House of Commons
Other miscellaneous provisions - continued

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Sex education.     117. - (1) The Education Act 1996 shall be amended as follows.
      (2) In section 403 (sex education: manner of provision) in subsection (1) for the words "and the value of family life" substitute ", the value of family life and sexual health".
      (3) After section 403 insert-
"Sex education: Secretary of State's guidance.     403A. - (1) The Secretary of State must issue guidance designed to secure that the following general objectives are met when sex education is given to registered pupils at maintained schools.
    (2) The general objectives are that the pupils-
    (a) learn about the nature of marriage as the key building block of society and its importance for family life and for the bringing up of children;
    (b) learn about the significance of stability in family relationships;
    (c) learn to respect themselves and others;
    (d) are protected from teaching and materials which a reasonable person would regard as inappropriate having regard to-
      (i) whether information is accurate and objective;
      (ii) the language and images used;
      (iii) the age of the pupils; and
      (iv) the provisions of section 403, this section and section 403B.
      (3) When sex education is given to pupils who are in the third or fourth key stage or over compulsory school age, the general objectives referred to in subsection (1) are to include the following additional objectives.
      (4) The additional objectives are that the pupils-
    (a) learn to understand human sexuality;
    (b) learn the reasons for delaying sexual activity and the benefits to be gained from such delay;
    (c) learn about obtaining appropriate advice on sexual health.
      (5) The Secretary of State's guidance must also be designed to secure that sex education given to registered pupils at maintained schools contributes to-
    (a) promoting the spiritual, moral, cultural, mental and physical development of the pupils and of society;
    (b) preparing the pupils for the opportunities, responsibilities and experiences of adult life.
      (6) No guidance under subsection (1) shall be issued or substantially revised unless a draft of the guidance has been laid in draft before and approved by a resolution of each House of Parliament.
      (7) Local education authorities, governing bodies and head teachers must, in discharging their functions under section 403, have regard to the Secretary of State's guidance.
      (8) In this section "maintained school" includes a community or foundation special school established in a hospital.
Curriculum etc. for sex education: consultation and approval.     403B. - (1) No curriculum, syllabus or teaching material may be used for the purpose of giving sex education to registered pupils at a maintained school unless-
    (a) reasonable steps have been taken to ensure that the parents or guardians of the relevant pupils have been consulted about its nature and content; and
    (b) the governing body of the school has approved its use.
      (2) In this section-
    "maintained school" has the meaning given in section 403A, and
    "relevant pupils" means pupils to whom the education in question is to be given."
Amendments.     118. Schedule 8 contains miscellaneous and consequential amendments.
Transitional provisions.     119. - (1) Schedule 9 contains transitional provisions relating to-
    (a) the dissolution of the Further Education Funding Councils, and
    (b) the establishment of the Learning and Skills Council for England and the National Council for Education and Training for Wales.
      (2) Nothing in that Schedule prejudices the generality of section 120(4).
Orders and regulations.     120. - (1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
      (2) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains-
    (a) an order made by the Secretary of State under any provision of this Act other than section 116(4) or 122(1), or
    (b) regulations made by the Secretary of State under any provision of this Act.
      (3) An order or regulations under this Act may make different provision for different purposes.
      (4) An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the Secretary of State or the National Assembly (as the case may be) thinks fit.
Repeals.     121. Schedule 10 contains repeals.
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