The Designation of Schools Having a Religious Character (Wales) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1st September 1999, designates those foundation and voluntary schools in Wales which have a religious character.

Designation as a school which has a religious character is relevant for a number of purposes under the School Standards and Framework Act 1998 (“the Act”), notably:

a. as part of the mechanism for determining the form of religious education to be provided under Schedule 19 to the Act;

b. as part of the mechanism for determining the form of collective worship to be provided under Schedule 20 to the Act;

c. as part of the mechanism for determining school staffing matters under Sections 58–60 of the Act;

d. as part of the mechanism for schools to include an ethos statement in their instrument of government paragraph 1(1)(g) of Schedule 12 to the Act;

e. as part of the mechanism for determining the criteria for the admission of pupils to schools under section 91 of the Act.

Designation as a school with a religious character will not be accepted as conclusive evidence that an endowment has been held or used, wholly or partly, in connection with the provision at the school of religious education for the purposes of Section 554(2) of the Education Act 1996. Section 554 enables appropriate authorities of any religious denomination or religion (but normally Church in Wales diocesan authorities) to make fresh provision for endowments held or used for the provision of religious education. This normally happens as a result of a school closing. In confirming eligibility for an order, the trust deeds and other supporting evidence would be considered.

Designation by this Order is not of itself a means of acquiring a religious character or of changing religious character. Designation is the recognition of certain existing attributes of the school or its governing body as described in the Religious Character of Schools (Designation Procedure) Regulations 1998 which apply to both England and Wales. Under the Act a school must first close if it is to acquire a religious character, if it does not, as a question of fact, have one already, or where it is to change its religious character.

In Wales, the only religion in accordance with those tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the 1998 Act is currently the Christian religion. The relevant religious denominations within Christianity are the Church in Wales and the Roman Catholic Church.

A statement in the Order in relation to a school that the religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the 1998 Act, is Roman Catholic does not determine whether or not the school is a Roman Catholic Church school according to canon law.