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Education Act 1996

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Education Act 1996, Section 554 is up to date with all changes known to be in force on or before 06 December 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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554 Power to make new provision as to use of endowments.E+W

F1[(1)This section applies where—

(a)in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or

(b)in relation to any time on or after the appointed day—

(i)the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or

(ii)in the opinion of the Secretary of State it is likely such premises will cease to be so used;

and in this subsection “the appointed day” has the meaning given by section 20(7) of the School Standards and Framework Act 1998.]

(2)In such a case the Secretary of State may (subject to sections 555 and 556(1) and (2)) by order make new provision as to the use of any endowment if it is shown either—

(a)that the endowment is or has been held wholly or partly for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religion or religious denomination; or

(b)that the endowment is or has been used wholly or partly for or in connection with the provision at the school of such religious education and that (subject to subsection (4)) the requirements of subsection (3) are fulfilled.

(3)The requirements of this subsection are—

F2[(a)that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the M1School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and]

(b)that religious education [F3, or teaching and learning in Religion, Values and Ethics,] in accordance with the tenets of the religion or denomination concerned—

(i)is, and has been from that date, provided at the school, or

(ii)where the premises have ceased to be used for the purposes of the school, was provided at the school from that date until immediately before the premises ceased to be so used,

in pursuance of section 377 or 378 or section 380 or 381 [F4of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998] [F5, or in accordance with the Curriculum and Assessment (Wales) Act 2021].

(4)For the purposes of this section—

(a)where in the case of any school falling within subsection (3)(a) it is shown—

(i)that religious education [F6, or teaching and learning in Religion, Values and Ethics,] in accordance with the tenets of a particular religion or denomination is provided at the school, or

(ii)if the premises have ceased to be used for the purposes of the school, such religious education [F7or teaching and learning in Religion, Values and Ethics] was so provided immediately before the premises ceased to be so used,

such religious education [F8or teaching and learning in Religion, Values and Ethics] shall be taken to have been provided at the school from 1st April 1945, unless the contrary is shown; and

F9[(b)where religious education [F10or teaching and learning in Religion, Values and Ethics] in accordance with such tenets is shown to have been given to any pupils at—

(i)a controlled school (within the meaning of this Act),

(ii)a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or

(iii)a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998),

the religious education [F11or teaching and learning in Religion, Values and Ethics] shall be taken to have been given to them at the request of their parents, unless the contrary is shown.]

(5)For the purposes of this section—

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

  • shown” means shown to the satisfaction of the Secretary of State.

(6)This section applies where the premises of a non-provided public elementary school ceased before 1st April 1945 to be used for such a school as it applies where the premises of a voluntary school have ceased to be used for such a school.

[F12(6A)In this section, and sections 556 and 557, “Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.]

Textual Amendments

F4Words in s. 554(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 168(3)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F9S. 554(4)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 168(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

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