Annex A: regulations for Relationships Education, Relationships and Sex Education (RSE) and Health Education
Updated 13 September 2021
Applies to England
© Crown copyright 2021
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This is a section of the Statutory guidance: Relationships Education, Relationships and Sex Education (RSE) and Health Education.
Regulations
Relationships Education, Relationships and Sex Education, and Health Education
The Relationships Education, Relationships and Sex Education, and Health Education (England) Regulations 2019 are made under sections 34 and 35 of the Children and Social Work Act 2017, and provide that pupils receiving primary education must be taught Relationships Education, pupils receiving secondary education must be taught RSE and that all primary and secondary pupils must be taught Health Education.
The new subjects of Relationships Education and RSE must be taught in all maintained schools, academies and independent schools. This includes:
- pupil referral units
- maintained special schools
- special academies
- non-maintained special schools
All schools, except independent schools, must make provision for Health Education.
To give effect to the duty in section 34 of the 2017 Act and the power in section 35 of that Act, the Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 amend existing provisions in the Education Act 1996 and the Education Act 2002 and insert new provisions into:
- the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007
- the Education (Independent School Standards) Regulations 2014
- the Non-Maintained Special Schools (England) Regulations 2015
The new provisions include a requirement for the Secretary of State to publish guidance on Relationships Education, RSE, and Health Education. They require schools to have regard to that guidance and make a statement of policy on their provision of Relationships Education and RSE. They also set out the circumstances in which a pupil is to be excused from RSE.
The regulations and guidance in relation to Health Education do not apply to independent schools – they will continue to make provision for the health education element of PSHE under the Education (Independent School Standards) Regulations 2014.