The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019

Document Number:2019 No. 924
 
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Statutory Instruments

Education, England

Made

9 th May 2019

Coming into force in accordance with regulation 1(2)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 34 and 35 of the Children and Social Work Act 2017(1).

In accordance with sections 34(9) , 35(6) , 68(2) and 68(3) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with sections 34(5) and 35(3) of that Act, the Secretary of State has consulted such persons as the Secretary of State considers appropriate.

Citation and commencement

1.—(1) These Regulations may be cited as the Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019.

(2) These Regulations come into force on 1 st September 2020.

Amendments

2. The Schedule contains amendments.

Damian Hinds

Secretary of State

Department for Education

9 th May 2019

Regulation 2

SCHEDULEAmendments

Education Act 1996

1. The Education Act 1996(2) is amended as follows.

2.—(1) Section 403(3) (sex education: manner of provision) is amended as follows.

(2) In subsection (1) , after “maintained school” insert “(whether or not as part of statutory relationships and sex education)”.

(3) After subsection (1 A) insert—

“(1 ZB) In subsection (1 A) the reference to sex education does not include sex education given as part of statutory relationships and sex education.”.

(4) After subsection (2) insert—

“(2 A) In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.”.

3.—(1) Section 404(4) (sex education: statements of policy) is amended as follows.

(2) After subsection (1 A) insert—

“(1 B) In subsection (1) the reference to sex education does not include sex education given as part of statutory relationships and sex education (and accordingly subsection (1) does not apply at all in relation to a school at which sex education is only given as part of statutory relationships and sex education).”.

(3) For subsection (2) substitute—

“(2) In this section—

“maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital;

“statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.”.

4.—(1) Section 405 (exemption from sex education) is amended as follows.

(2) The existing text becomes subsection (1).

(3) After that subsection insert—

“(2) In subsection (1) the reference to sex education does not include sex education provided at a maintained school in England as part of statutory relationships and sex education.

(3) If the parent of any pupil in attendance at a maintained school in England requests that the pupil may be wholly or partly excused from sex education provided as part of statutory relationships and sex education, the pupil must be so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.

(4) In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.”.

Education Act 2002

5. The Education Act 2002(5) is amended as follows.

6. In section 79 (duty to implement general requirements) , for subsection (6) substitute—

“(6) In exercising any function which may affect the provision of sex education in maintained schools (whether or not as part of the education required to be provided under section 80(1)(d)) , every local authority in England must have regard to relevant guidance issued by the Secretary of State...

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