Welsh Statutory Instruments
2003 No. 3233 (W.313)
EDUCATION, WALES
The Independent Schools (Religious Character of Schools) (Designation Procedure) (Wales) Regulations 2003
Made 9th December 2003
Coming into force 1st January 2004

In exercise of the powers conferred on the Secretary of State by sections 69(5) as it applies to independent schools and 138(7) of the School Standards and Framework Act 1998 and transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, the National Assembly for Wales makes the following Regulations:
1998 c. 31; section 124B was inserted by the Independent Schools (Employment of Teachers in Schools with a Religious Character) Regulations 2003 (S.I. 2003/2037).
S.I. 1999/672.

Name, commencement and application
1. (1) These Regulations are called the Independent Schools (Religious Character of Schools) (Designation Procedure) (Wales) Regulations 2003 and come into force on 1st January 2004.
(2) These Regulations apply in relation to Wales.

Interpretation
2. In these Regulations —
(a) “the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998;
(b) “National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;
(c) “the relevant religion or religious denomination” (“y grefydd berthnasol neu'r enwad crefyddol perthnasol”) means the religion or religious denomination in accordance with whose tenets religious education is or may be required to be provided at the school, or the school is conducted (or, as the case may be, each such religion or religious denomination);
(d) “section 69(3)” (“adran 69(3)”) means section 69(3) of the 1998 Act as it applies to independent schools by virtue of section 124B of that Act.

Application of these Regulations
3. These Regulations specify the procedure to be followed in connection with —
(a) the designation, in an order under section 69(3), of an independent school as having a religious character; and
(b) the statement in such an order, in relation to such a school, of the relevant religion or religious denomination.

Application procedure
4. (1) In order for an independent school to be designated as a school which has a religious character, the school’s proprietor must apply to the National Assembly for an order under section 69(3).
(2) The application must —
(a) state the relevant religion or religious denomination of the school;
(b) include the grounds on which the application is based and any supporting evidence of those grounds; and
(c) include any representations made by a religious body on behalf of the school.
(3) On receipt of an application for an order, under these Regulations, the National Assembly may consult any religious body regarding the school’s application, which it considers appropriate.

Designation Procedure
5. (1) If a school’s proprietor applies for an order under these Regulations, the National Assembly must designate the school as a school which has a religious character if —
(a) it is satisfied that the school is conducted, or education at the school is provided, in accordance with the tenets of one or more religions or religions denominations; and
(b) some or all of the premises currently occupied by the school were provided on trust in connection with —
(i) the provision of education, or
(ii) the conduct of an educational institution
in accordance with the tenets of one or more religions or religious denominations; or
(c) at least one member of the governing body is a person appointed as a governor to represent the interests of one or more religions or religious denominations; or
(d) the governing instrument of the school provides —
(i) that the school will be conducted in accordance with the tenets of one or more religions or religious denominations; or
(ii) that education at the school will be provided in accordance with the tenets of one or more religions or religious denominations.
(2) If a school’s proprietor applies for an order in accordance with these Regulations but paragraph (1) does not apply, the National Assembly may nevertheless designate a school which has a religious character if it considers it appropriate to do so having regard to the following —
(a) whether the school is conducted in accordance with the tenets of one or more religions or religious denominations;
(b) whether education at the school is provided in accordance with the tenets of one or more religions or religious denominations; and
(c) any representations made by a religious body on behalf of the school.
(3) For the purposes of this regulation any reference to the education at a school being provided in accordance with the tenets of one or more religions or religious denominations does not require all education provided to be in accordance with those tenets.

Changes in designations and statements
6. (1) Where the National Assembly is at any time of the opinion that an order previously made under section 69(3) contains a material error or that there has been a wrongful failure to designate any school the National Assembly must make such an order under that section as it considers appropriate for the purpose of correcting the error.
(2) Before making an order under paragraph (1) which effects the designation of a particular school or the statement of the relevant religion or religious denomination in relation to a particular school, the National Assembly must consult the proprietor of that school, and may consult any religious body which it considers appropriate.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998.
1998 c. 38.
D. Elis-Thomas
The Presiding Officer of the National Assembly
9th December 2003

(This note is not part of the Regulations)
These Regulations set out the procedure to be followed when the National Assembly for Wales designates an independent school as having a religious character in an order under section 69(3) of the School Standards and Framework Act 1998 as applied to independent schools by section 124B, which was inserted into the School Standards and Framework Act 1998 by the Independent Schools (Employment of Teachers with a Religious Character) Regulations 2003 (S.I. 2003/2037). Section 124B(2) of the School Standards and Framework Act 1998 provides that an order under section 69(3) must state the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted.
Regulation 4 provides that an independent school’s proprietor must apply to the National Assembly for an order under section 69(3) and sets out what that application must include. The National Assembly may consult any religious body which it considers appropriate regarding the school’s application.
Regulation 5(1) sets out the circumstances in which the National Assembly must make an order designating the independent school as having a religious character. Regulation 5(2) sets out the circumstances in which the National Assembly may make an order designating the independent school as having a religious character.
Regulation 6 provides that the National Assembly must amend a designation order in respect of a school if it is satisfied that it is materially incorrect and when it must consult the proprietor of the school in connection with such an amendment.
A statement in relation to a school that the religious denomination is Roman Catholic does not determine whether or not the school is a Catholic School according to canon law.