16(1)Section 399 (determination of question whether religious education in accordance with trust deed) is amended as follows.
(2)In the heading, after “religious education” insert “or education in respect of Religion, Values and Ethics”.
(3)The existing provision becomes subsection (1).
(4)In subsection (1), after “voluntary school” insert “in England”.
(5)After subsection (1), insert—
“(2)Where any trust deed relating to a foundation or voluntary school in Wales makes any provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether provision for the mandatory element of Religion, Values and Ethics does or does not accord with the provisions of the trust deed, that question shall be determined in accordance with the provisions of the trust deed.
(3)In subsection (2), the reference to the mandatory element of Religion, Values and Ethics has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.”