Education Act 1996

Chapter III E+W Religious education [F1 etc] and worship

Textual Amendments

F1 Word in Pt. 5 Ch. 3 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 5 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Agreed syllabuses E+W

375 Agreed syllabuses of religious education [F2 : England] E+W

(1) Subject to the provisions of Schedule 31, any agreed syllabus in force immediately before the commencement of this Act shall continue to have effect.

(2) In this Act “agreed syllabus” [F3 , in relation to England,] means a syllabus of religious education—

(a) prepared before the commencement of this Act in accordance with Schedule 5 to the M1 Education Act 1944 or after commencement in accordance with Schedule 31, and

(b) adopted by a [F4 local authority] [F5 in England] under that Schedule,

whether it is for use in all the schools maintained by them or for use in particular such schools or in relation to any particular class or description of pupils in such schools.

(3) Every agreed syllabus [F6 for use in England] shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.

(4) Any reference in this Act to an agreed syllabus adopted by a [F4 local authority] [F7 in England] includes a reference to an agreed syllabus deemed to be adopted by such an authority by virtue of paragraph 11 of Schedule 5 to the M2 Education Act 1944 or paragraph 14 of Schedule 31; and accordingly, in relation to an agreed syllabus deemed to be so adopted, any reference to the date on which an agreed syllabus was adopted is a reference to the date of deemed adoption specified by the Secretary of State in a direction under that paragraph.

(5) Subsection (3) does not apply to any agreed syllabus adopted before 29th September 1988.

Textual Amendments

F2 Word in s. 375 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 6(2)(with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F3 Words in s. 375(2) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 6(3)(a)(with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F5 Words in s. 375(2)(b) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 6(3)(b)(with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F6 Words in s. 375(3) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 6(4)(with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F7 Words in s. 375(4) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 6(5)(with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Marginal Citations

M1 1944 c. 31.

M2 1944 c. 31.

[F8 375A Agreed syllabus of Religion, Values and Ethics: Wales E+W

(1) Each local authority in Wales must adopt a syllabus of Religion, Values and Ethics for use in the schools maintained by them.

(2) The syllabus adopted by an authority may make different provision in respect of—

(a) different descriptions of school maintained by the local authority;

(b) different descriptions of pupils.

(3) The syllabus—

(a) must reflect the fact that the religious traditions in Wales are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Wales;

(b) must also reflect the fact that a range of non-religious philosophical convictions are held in Wales.

(4) In subsection (3), the reference to philosophical convictions is to philosophical convictions within the meaning of Article 2 of the First Protocol to the European Convention on Human Rights.

(5) Schedule 31 makes further provision in relation to a syllabus of Religion, Values and Ethics.

(6) In this section—

• “the European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, as it has effect for the time being in relation to the United Kingdom;

• “the First Protocol”, in relation to that Convention, means the protocol to the Convention agreed at Paris on 20th March 1952.

(7) References in this Act to an agreed syllabus, in relation to Wales, are to a syllabus adopted under this section, or deemed to be adopted under this section by virtue of paragraph 14(2) of Schedule 31; and accordingly in relation to a syllabus deemed to have been so adopted, any reference to the date on which an agreed syllabus was adopted is a reference to the date of deemed adoption specified by the Welsh Ministers in a direction under that paragraph.

(8) In exercising functions under this section, a local authority must have regard to any guidance given by the Welsh Ministers.]

Textual Amendments

F8 S. 375A inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 7 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Required provision for religious education E+W

F9 376 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F9 S. 376 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F10 377 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F10 S. 377 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F11 378 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 S. 378 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F12 379 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. 379 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F13 380 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 380 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F14 381 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 381 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F15 382 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 382 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F16 383 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 S. 383 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F17 384 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F17 S. 384 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Religious worship E+W

F18 385 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F18 S. 385 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F19 386 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 S. 386 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F20 387 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F20 S. 387 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F21 388 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 388 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Exceptions and special arrangements E+W

F22 389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F22 S. 389 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

Constitution of standing advisory councils F23 ... E+W

Textual Amendments

F23 Words in s. 390 cross-heading omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 8 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

390 Constitution of advisory councils. E+W

(1) A [F4 local authority] [F24 in England] shall constitute a standing advisory council on religious education for the purposes mentioned in section 391(1).

[F25 (1A) A local authority in Wales shall constitute a standing advisory council on Religion, Values and Ethics for the purposes mentioned in section 391(1A).]

F26 [(2) [F27 A council constituted under subsection (1) or (1A)] shall consist of such groups of persons appointed by the authority as representative members (“representative groups”) as are required by subsection (4).]

(3) [F28 A council constituted under subsection (1) or (1A)] may also include co-opted members (that is, persons co-opted as members of the council by members of the council who have not themselves been so co-opted).

(4) The representative groups required by this subsection are—

(a) [F29 in the case of an area in England,] a group of persons to represent such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

[F30 (aa) in the case of an area in Wales, a group of persons to represent—

(i) Christian denominations and other religions and denominations of such religions, and

(ii) non-religious philosophical convictions;]

(b) except in the case of an area in Wales, a group of persons to represent the Church of England;

(c) a group of persons to represent such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

(d) a group of persons to represent the authority.

(5) Where a representative group is required by subsection (4)(b), the representative group required by subsection (4)(a) shall not include persons appointed to represent the Church of England.

(6) The number of representative members appointed [F31 by a local authority in England] to any representative group under subsection (4)(a) to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

[F32 (6A) A local authority in Wales, in appointing persons to a representative group under subsection (4)(aa), must take all reasonable steps to secure the outcome referred to in subsection (6B).

(6B) The outcome is that the number of members appointed to the group to represent a religion, denomination or non-religious philosophical conviction shall, so far as is consistent with the efficient discharge of the group's functions, reflect broadly the proportionate strength of that religion, denomination or non-religious philosophical conviction in the area.]

(7) On any question to be decided by the council only the representative groups on the council shall be entitled to vote, and each representative group shall have a single vote.

[F33 (8) In exercising functions under this section, a local authority in Wales must have regard to any guidance given by the Welsh Ministers.

(9) In this section, “non-religious philosophical conviction” has the same meaning as in section 375A(3).]

Textual Amendments

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F24 Words in s. 390(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F25 S. 390(1A) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(3) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F26 S. 390(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.93 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F27 Words in s. 390(2) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F28 Words in s. 390(3) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(5) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F29 Words in s. 390(4)(a) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(6)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F30 S. 390(4)(aa) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(6)(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F31 Words in s. 390(6) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(7) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F32 S. 390(6A)(6B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(8) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F33 S. 390(8)(9) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 9(9) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

391 Functions of advisory councils. E+W

(1) The purposes referred to in section 390(1) are—

F34 [(a) to advise the [F4 local authority] on such matters connected with—

(i) religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and

(ii) the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,

as the authority may refer to the council or as the council may see fit, and]

(b) to carry out the functions conferred on them by section 394.

[F35 (1A) The purposes referred to in section 390(1A) are—

(a) to advise the local authority on such matters connected with—

(i) religious worship in community schools or in foundation schools which (within the meaning of Part 2 of the School Standards and Framework Act 1998) do not have a religious character, and

(ii) the provision of teaching and learning, under the Curriculum and Assessment (Wales) Act 2021, either in respect of the mandatory element of Religion, Values and Ethics (within the meaning of that Act), or under section 61 of that Act (post-compulsory education in maintained schools: Religion, Values and Ethics),

as the authority may refer to the council or as the council may see fit, and

(b) to carry out the functions conferred on them by section 394.]

(2) The matters referred to in [F36 subsections (1)(a) and (1A)(a)] include, in particular, methods of teaching, the choice of materials and the provision of training for teachers.

(3) The representative groups on the council required by section 390(4), other than the group consisting of persons appointed to represent the authority, may at any time require a review of any agreed syllabus for the time being adopted by the authority.

(4) Each representative group concerned shall have a single vote on the question of whether to require such a review.

(5) Paragraph 3 of Schedule 31 has effect to require the authority, on receiving written notification of any such requirement, to cause a conference constituted in accordance with that Schedule to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

(6) The council shall in each year publish a report as to the exercise of their functions and any action taken by representative groups on the council under subsection (3) during the last preceding year.

(7) The council’s report shall in particular—

(a) specify any matters in respect of which the council have given advice to the authority,

(b) broadly describe the nature of the advice given, and

(c) where any such matter was not referred to the council by the authority, give the council’s reasons for offering advice on that matter.

F37 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38 (10) A council for an area in Wales must send a copy of each report published by them under subsection (6) to the Welsh Ministers.]

[F39 (11) In exercising its functions under this Act, a council constituted by a local authority in Wales must have regard to any guidance issued by the Welsh Ministers.]

Textual Amendments

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F34 S. 391(1)(a)(i)(ii) substituted (1.9.1999) for s. 391(1)(a) by 1998 c. 31, s. 140(1), Sch. 30 para. 94(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F35 S. 391(1A) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 10(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F36 Words in s. 391(2) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 10(3) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F37 S. 391(8)(9) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 94(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F38 S. 391(10) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 6; S.I. 2012/924, art. 2

F39 S. 391(11) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 10(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

392 Advisory councils: supplementary provisions. E+W

(1) In this section “the council” means [F40 a standing advisory council] constituted by a [F4 local authority] under section 390.

(2) Before appointing a person to represent any religion, denomination [F41 , philosophical conviction] or associations as a member of the council, the authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination [F41 , philosophical conviction] or associations in question.

(3) A member of the council who was appointed by the authority may be removed from membership by the authority if, in their opinion, he ceases to be representative of the religion, denomination [F42 , philosophical conviction] or associations which he was appointed to represent or (as the case may be) he ceases to be representative of the authority.

F43 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person co-opted as a member of the council shall hold office on such terms as may be determined by the members co-opting him.

(6) A member of the council may at any time resign his office.

(7) Subject to section 390(7), the council and, in relation to any question falling to be decided by members of the council of any particular category, the members of that category, may regulate their own proceedings.

(8) The validity of proceedings of the council or of the members of the council of any particular category shall not be affected—

(a) by a vacancy in the office of any member of the council required by section 390(2), or

(b) on the ground that a member of the council appointed to represent any religion, denomination [F44 , philosophical conviction] or associations does not at the time of the proceedings represent the religion, denomination [F44 , philosophical conviction] or associations in question.

Textual Amendments

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F40 Words in s. 392(1) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 11(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F41 Words in s. 392(2) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 11(3) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F42 Words in s. 392(3) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 11(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F43 S. 392(4) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 95, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F44 Words in s. 392(8)(b) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 11(5) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F45 393 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F45 S. 393 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 96, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Determinations by standing advisory councils E+W

394 Determination of cases in which requirement for Christian collective worship is not to apply. E+W

(1) The council constituted by a [F4 local authority] under section 390 shall, on an application made by the head teacher of—

(a) any [F46 community school] maintained by the authority, or

F47 [(b) any foundation school which has not been designated under section [F48 68A or] 69(3) of the School Standards and Framework Act 1998 by [F49 the Welsh Ministers or] the Secretary of State as having a religious character,]

consider whether it is appropriate for the requirement imposed by [F50 paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship)] to apply in the case of the school or in the case of any class or description of pupils at the school.

(2) In determining whether it is appropriate for that requirement to apply as mentioned in subsection (1), the council shall have regard to any circumstances relating to the family backgrounds of the pupils at the school, or of the pupils of the particular class or description in question, which are relevant for determining the character of the collective worship appropriate in their case.

(3) The council shall give the head teacher written notification of their decision on the application.

(4) Where the council determine that it is not appropriate for the requirement to apply as mentioned in subsection (1), the determination shall take effect for the purposes of [F51 paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship)] on such date as may be specified in the notification of the council’s decision under subsection (3).

(5) Before making an application under subsection (1), the head teacher of a school shall consult the governing body.

(6) On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(7) An application under subsection (1) shall be made in such manner and form as the council may require.

(8) Where an application is made under subsection (1)(a) in respect of [F52 a community school which becomes a foundation school [F53 (by virtue of the relevant enactments)]] before the application is determined, it shall, unless withdrawn by the head teacher, continue as if made under subsection (1)(b).

[F54 (9) In subsection (8) “the relevant enactments” means—

(a) in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

(b) [F55 in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.]]

Textual Amendments

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F46 Words in s. 394(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F47 S. 394(1)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F48 Words in s. 394(1)(b) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 12(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F49 Words in s. 394(1)(b) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 12(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F50 Words in s. 394(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F51 Words in s. 394(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F52 Words in s. 394(8) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F53 Words in s. 394(8) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 9(2); S.I. 2007/935, art. 7(o)

F54 S. 394(9) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 9(3); S.I. 2007/935, art. 7(o)

F55 S. 394(9)(b) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(3); S.I. 2013/1800, art. 3(j)

395 Review of determinations under section 394. E+W

(1) Any determination by a council under section 394 by virtue of which the requirement imposed by [F56 paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998] does not for the time being apply in the case of a school or a class or description of pupils at a school shall be reviewed by the council—

(a) at any time on an application made by the head teacher, and

(b) in any event not later than the end of the period of five years beginning with the date on which the determination first took effect or (where it has since been reviewed under this section) with the effective date of the decision on the last review.

(2) On any review under subsection (1)(b) the council shall give the head teacher an opportunity of making representations as to the determination under review.

(3) On a review under this section, the council may—

(a) confirm the determination, with or without variation, or

(b) revoke it (without prejudice to any further determination under section 394).

(4) The council shall give the head teacher written notification of their decision, specifying the effective date of that decision for the purposes of subsection (1)(b).

(5) Any determination which is required to be reviewed under subsection (1)(b) shall cease to have effect, if not confirmed on such a review, at the end of the period there mentioned.

(6) The head teacher of a school shall consult the governing body before making an application under subsection (1)(a) or any representations under subsection (2).

(7) On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

(8) An application under subsection (1)(a) shall be made in such manner and form as the council may require.

Textual Amendments

F56 Words in s. 395(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.98 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

396 Power of Secretary of State to direct advisory council to revoke determination or discharge duty. E+W

(1) Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education constituted by a [F4 local authority] [F57 in England] under section 390—

(a) have acted, or are proposing to act, unreasonably in determining for the purposes of section 394 or 395 whether it is appropriate for the requirement imposed by [F58 paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998] to apply in the case of any school or any class or description of pupils at a school, or

(b) have failed to discharge any duty imposed under section 394 or 395,

he may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.

(2) Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.

Textual Amendments

F4 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F57 Words in s. 396(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 13 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F58 Words in s. 396(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.99 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

[F59 396A Power of Welsh Ministers to direct advisory council to revoke determination etc E+W

(1) Where the Welsh Ministers are satisfied, either on complaint by any person or otherwise, that any standing advisory council constituted by a local authority in Wales under section 390—

(a) have acted, or are proposing to act, unreasonably in determining for the purposes of section 394 or 395 whether it is appropriate for the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 to apply in the case of any school or any class or description of pupils at a school, or

(b) have failed to discharge any duty imposed under section 394 or 395,

the Welsh Ministers may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to them to be expedient; and the council shall comply with the directions.

(2) Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.]

Textual Amendments

F59 S. 396A inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 14 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Access to meetings and documents E+W

397 F60 ... Access to meetings and documents. E+W

(1) This section applies to—

(a) any conference convened under any of paragraphs [F61 (A1)] to 3 of Schedule 31, and

(b) any standing advisory council F62 ... constituted under section 390.

(2) Regulations [F63 made by the appropriate authority] may make provision—

(a) for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,

(b) requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and

(c) requiring conferences or councils, at such time or times as may be prescribed—

(i) to make available for inspection, or

(ii) to provide on payment of such fee as they think fit (not exceeding the cost of supply),

copies of the agendas and reports for such meetings to members of the public.

(3) Regulations made under subsection (2) may apply to—

(a) committees appointed by [F64 local authorities] under paragraph 4 of Schedule 31,

(b) sub-committees appointed by conferences under that Schedule, and

(c) representative groups on councils appointed under section 390(4),

as they apply to conferences and councils.

[F65 (4) The “appropriate authority” is—

(a) in relation to a conference convened by a local authority in Wales, or a standing advisory council convened by a local authority in Wales, the Welsh Ministers;

(b) in relation to a conference convened by a local authority in England, or a standing advisory council convened by a local authority in England, the Secretary of State.]

Textual Amendments

F60 Words in s. 397 heading omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 15(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F61 Word in s. 397(1)(a) substituted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 15(3)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F62 Words in s. 397(1)(b) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 15(3)(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F63 Words in s. 397(2) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 15(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F64 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))

F65 S. 397(4) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 15(5) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Miscellaneous E+W

398 No requirement of attendance at Sunday school etc. E+W

[F66 (1)] It shall not be required, as a condition of—

(a) a pupil attending a maintained school, or

(b) a person attending such a school to receive further education or [F67 any training for members of the school workforce] ,

that he must attend or abstain from attending a Sunday school or a place of religious worship.

[F68 (2) In subsection (1)(b), the reference to training for members of the school workforce is to be read in accordance with sections [F69 96(1) and 100] of the Education Act 2005.]

Textual Amendments

F66 S. 398(1): s. 398 renumbered as s. 398(1) (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(3)

F67 Words in s. 398(b) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(2)

F68 S. 398(2) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(3)

F69 Words in s. 398(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 11; S.I. 2012/924, art. 2

399 Determination of question whether religious education [F70 or education in respect of Religion, Values and Ethics] in accordance with trust deed. E+W

[F71 (1)] Where any trust deed relating to [F72 a foundation or voluntary school] [F73 in England] makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious education given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

[F74 (2) Where any trust deed relating to a foundation or voluntary school in Wales makes any provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether provision for the mandatory element of Religion, Values and Ethics does or does not accord with the provisions of the trust deed, that question shall be determined in accordance with the provisions of the trust deed.

(3) In subsection (2), the reference to the mandatory element of Religion, Values and Ethics has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.]

Textual Amendments

F70 Words in s. 399 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 16(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F71 S. 399 renumbered as s. 399(1) (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 16(3) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F72 Words in s. 399 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.100 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F73 Words in s. 399(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 16(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F74 S. 399(2)(3) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 16(5) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)