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| Sex education. |
135. - (1) The Education Act 1996 shall be amended as follows.
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(2) In section 351 (general duties in respect of the curriculum) after subsection (5) insert-
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"(6) Nothing in this section shall be taken to impose duties on a local education authority with regard to sex education."
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(3) In section 403 (sex education: manner of provision) in subsection (1) omit "local education authority,".
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(4) After subsection (1) of that section insert-
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"(1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.
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(1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State's guidance.
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(1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.
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(1D) The Secretary of State may at any time revise his guidance under subsection (1A)."
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(5) In subsection (2) of that section-
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(a) for "subsection (1)" substitute "this section", and |
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(b) at the end insert "and "NHS body" has the same meaning as in section 22 of the National Health Service Act 1977." |
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(6) In section 404 (sex education: statements of policy) after subsection (1) insert-
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"(1A) A statement under subsection (1) must include a statement of the effect of section 405."
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| Amendments. |
136. Schedule 9 contains miscellaneous and consequential amendments.
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General |
| Wales. |
137. - (1) Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)-
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(a) the function shall be exercisable in relation to Wales by the National Assembly for Wales, and |
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(b) for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly. |
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(2) Where-
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(a) this Part confers a function on the Secretary of State by amendment of an Act, and |
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(b) any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the Government of Wales Act 1998 (transfer of functions), |
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the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).
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(3) Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).
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(4) This section shall not apply in relation to-
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(a) section 87, 100 or 141 of this Act, or |
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(b) the amendment of section 1(3) of the Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act. |
| Transitional provisions. |
138. - (1) Parts I and II of Schedule 10 contain transitional provisions relating to-
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(a) the dissolution of the Further Education Funding Councils, and |
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(b) the establishment of the Learning and Skills Council for England and the National Council for Education and Training for Wales. |
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(2) Part III of Schedule 10 contains transitional provision relating to the establishment of the Adult Learning Inspectorate.
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(3) Part IV of Schedule 10 contains transitional provision relating to the Education (Student Loans) Act 1990.
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(4) Nothing in that Schedule prejudices the generality of section 139(5).
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| Orders and regulations. |
139. - (1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
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(2) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains-
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(a) an order made by the Secretary of State under any provision of this Act other than section 132(4) or 141(1), or |
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(b) regulations made by the Secretary of State under any provision of this Act. |
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(3) A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 100.
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(4) An order or regulations under this Act may make different provision for different purposes.
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(5) An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.
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| Repeals. |
140. Schedule 11 contains repeals.
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| Commencement. |
141. - (1) The preceding provisions of this Act (with the exception of Parts II and IV and section 88) come into force in accordance with provision made by the Secretary of State by order.
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(2) Parts II and IV and section 88 come into force in accordance with provision made by the National Assembly by order.
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(3) Nothing in this section affects-
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(a) section 124 or 125 or Schedule 8; |
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(b) any provision of Schedule 9 or 11 which is consequential on the provisions mentioned in paragraph (a). |
