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(1)It shall be the duty—
(a)of a local education authority, in the exercise of any of their schools functions, and
(b)of the governing body of a maintained school, in the exercise of any function relating to the conduct of the school,
to have regard to any guidance given from time to time by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) about consultation with pupils in connection with the taking of decisions affecting them.
(2)Any guidance under this section must provide for a pupil’s views to be considered in the light of his age and understanding.
(3)In this section—
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“pupil” does not include a child who is being provided with nursery education (whether at a school or elsewhere);
“schools functions”, in relation to a local education authority, means functions relating to—
maintained schools,
pupil referral units, or
the provision of education for children of compulsory school age otherwise than at school.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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