Diocesan Boards of Education Measure 2021

20 Other interpretation

(1) In this Measure—

• “Academy” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

• “Board of Finance”, in relation to a diocese, means the Diocesan Board of Finance for the diocese;

• “church educational endowment” means an endowment which, or the income of which, may be applied for purposes of education which include the purposes of religious education according to the faith and practice of the Church of England;

• “CIO” means charitable incorporated organisation;

• “consent” means written consent;

• “DBE” means diocesan board of education (see also subsection (2) of this section and section 3(8));

• “foundation governor” means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002;

• “function” has the meaning given in section 2(3);

• “proprietor”, in relation to an Academy, has the same meaning as in the Academies Act 2010;

• “register of charities” means the register kept under section 29 of the Charities Act 2011.

(2) A reference in this Measure to the DBE, in relation to a church school, is a reference to the DBE for the diocese in the area of which the school is situated.

(3) A reference in this Measure to a scheme under section 3 is to be construed in accordance with section 4(8).

(4) In this Measure, “head teacher” includes an acting head teacher; and—

(a) in the case of a foundation or voluntary school which forms part of a federation, a reference in this Measure to the head teacher is to be read as a reference only to the head teacher of the federation (with “federation” having the meaning given in section 24(2) of the Education Act 2002);

(b) in the case of an Academy the principal of which is not also the chief executive officer of the proprietor, a reference in this Measure to the head teacher is to be read as a reference only to the chief executive officer.

(5) A reference in this Measure to an endowment includes a reference to property which is not subject to any restriction on the expenditure of capital.

(6) A reference in this Measure (except in subsection (7)(a) and (b) of this section) to the archbishop of a province is, if there is a vacancy in the archbishopric or the archbishop is unable to exercise a function under this Measure, to be read as a reference to the archbishop of the other province.

(7) A reference in this Measure to the archbishop of a province in which a diocese is situated is a reference—

(a) in the case of the diocese of Canterbury, to the Archbishop of York;

(b) in the case of the diocese of York, to the Archbishop of Canterbury.

(8) A reference in this Measure to provision made by or under another Measure or an Act of Parliament includes a reference to provision made after the passing of this Measure.