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Diocesan Boards of Education Measure 1991

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10 Interpretation.E

(1)In this Measure—

  • F1. . .

  • church educational endowment” means an educational endowment which includes among the purposes for which it may be applied religious education according to the faith and practice of the Church of England;

  • F2. . .

  • [F3church school” means a foundation or voluntary school which is a Church of England school as defined by section 142(1) of the School Standards and Framework Act 1998 [F4or an Academy falling within subsection (1A)]F4 ;]

  • educational endowment” means an endowment which, or the income of which, may be applied for the purposes of education;

  • endowment” includes property not subject to any restriction on the expenditure of capital.

[F5(1A)An Academy falls within this subsection if—

(a)at least one member of its governing body is appointed to that body to represent the interests of the Church of England;

(b)the premises provided for the Academy when first established were so provided on trust that, in the event of the discontinuance of the Academy, the property concerned was to be held for, or sold and the proceeds of sale applied for, the benefit of the Church of England; or

(c)the premises provided for the Academy when first established were so provided on trust in connection with the provision of education, or the conduct of an educational institution, in accordance with the tenets of the Church of England.]

F5F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(3)Expressions used in this Measure which are also used in the School Standards and Framework Act 1998 shall, unless the context otherwise requires, have the same meaning as in that Act.]

Textual Amendments

F1Definition of “the 1988 Act” in s. 10(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2)(3), 583(2), Sch. 37 Pt. I para. 107(a), Sch. 38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39)

F2Definition of the "Church of England voluntary school" in s. 10(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 32(2)(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F3Definition of “church school” in s. 10(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30, para. 32(2)(b) (with ss. 138(9), 144(6))

F4Words in S. 10(1) in definition of "church school" inserted (26.7.2002) by Education Act 2002 (c. 32), s. 65, Sch. 7 {Pt. 2 para. 3(2)} (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F5S. 10(1A) inserted (26.7.2002) by Education Act 2002 (c.32), s. 65, Sch. 7 {Pt. 2 para. 3(3)} (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F7S. 10(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 32(4) (with ss. 138(9), 144(6)); S.I. 19999/2323, art. 2(1), Sch. 1

Commencement Information

I1S. 10 fully in force at 1.8.1991 see s. 13(3) and Archbishops' Instrument made on 26.7.91

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