Diocesan Boards of Education Measure 1991

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;

• “Church of England voluntary school” means a voluntary school in respect of which any trust deed or other instrument requires provision to be made at the school for religious education according to the faith and practice of the Church of England or in which, in the absence of any such instrument, such provision has been made by custom and practice;

• [F2 “church school” means—

(a) a Church of England voluntary school,

(b) a grant-maintained school which was such a voluntary school immediately before it became grant-maintained,

(c) a grant-maintained school established in pursuance of proposals published under section 212 of the Education Act 1996 where either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 20 to that Act provides for religious education at the school to accord with the faith and practice of the Church of England, or

(d) a grant-maintained school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the faith and practice of the Church of England are approved under section 261 of that Act]

• “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.

(2) Any reference in this Measure to a change in the character of a school means a change in the religious character of the school or a change in character resulting from education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as for girls, or for girls as well as for boys, or from the making or alteration of arrangements for the admission of pupils by reference to ability or aptitude; and any reference to a matter affecting the character of a school shall be construed accordingly.

(3) Expressions used in this Measure which are also used in [F3 the Education Act 1996] shall, unless the context otherwise requires, have the same meanings as in [F3 that Act].

Textual Amendments

F1 Definition of “the 1988 Act” in s. 10(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2)(3), 583(2), Sch. 37 Pt.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, (with ss. 1(4), 561, 562, Sch. 39)

F2 Definition of “church school” in s. 10(1) substituted (1.11.1996) by virtue of 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 107(b) (with ss. 1(4), 561, 562, Sch. 39)

F3 Words in s. 10(3) substituted (1.11.1996) by 1996 c. 56, ss. 282(1), 283(2), Sch. 37 Pt. I para. 107(c) (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I1 S. 10 fully in force at 1.8.1991 see s. 13(3) and Archbishops' Instrument made on 26.7.91