(1)The Welsh Ministers shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by local authorities and the governing bodies of maintained schools and maintained nursery schools of their functions under this Part.
(2)It shall be the duty of—
(a) local authorities , and such governing bodies, exercising functions under this Part, and
(b)any other person exercising any function for the purpose of the discharge by local authorities , and such governing bodies, of functions under this Part,
to have regard to the provisions of the code.
(3)On any appeal under this Part to the Tribunal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.
(4)The Welsh Ministers shall publish the code as for the time being in force.
(5)
In this Part
..., “the Tribunal”, in relation to an appeal, means
the Special Educational Needs Tribunal for Wales.
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 313 17
[2009] EWCA Civ 249 · 31 March 2009
The provision authorises the Secretary of State’s code of practice to which local education authorities must have regard. (see para [24])
A local education authority must have regard to the statutory code of practice when carrying out its functions. The court accordingly used the code’s residential-placement guidance to frame the relevant inquiry. (see paras [24]; [34])
[2003] EWCA Civ 9 · 20 January 2003Interprets
The court set out the duty to have regard to the Code of Practice when exercising functions under the special educational needs provisions and on an appeal to the tribunal. (see para [25])
The court noted the Secretary of State’s duty and power to issue a code giving guidance on the discharge of functions under the special educational needs provisions. (see para [25])
The court noted the duty of specified persons exercising functions under the statutory scheme to have regard to the Code of Practice. (see para [25])
The court noted the duty of local education authorities and maintained-school governing bodies to have regard to the Code of Practice when exercising relevant functions. (see para [25])
The court noted the corresponding duty of other persons exercising functions for the statutory scheme to have regard to the Code of Practice. (see para [25])
The court noted that the tribunal must have regard to relevant provisions of the Code of Practice on an appeal. The Code’s guidance on specificity and quantification was treated as policy guidance, not an inflexible statutory command. (see paras [25]-[27]; [59])
[2010] EWHC 2539 (Admin) · 20 August 2010Limits
Section 313 requires the Secretary of State to issue a code of practice and requires local authorities to have regard to it. The code cannot determine the construction of the primary legislation, although paragraph 9.61 provided limited support for the ordinary meaning of “child” (see para [24]).
1 more judgment, and what each says about section 313, are in the
case-law panel in the full Act.