Office of Public Sector Information
PART V continued CHAPTER II continued
(2) The Secretary of State shall refer the proposal to the appropriate curriculum authority and shall give them directions as to the time within which they are to report to him.
(3) The authority shall give notice of the proposal—
(a) to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to the authority to be concerned, and
(b) to any other persons with whom consultation appears to the authority to be desirable,
and shall give them a reasonable opportunity of submitting evidence and representations as to the issues arising.
(4) The report of the authority to the Secretary of State shall contain—
(a) a summary of the views expressed during the consultations,
(b) the authority’s recommendations as to the proposal, and
(c) such other advice relating to the proposal as the authority think fit.
(5) The authority shall, after submitting their report to the Secretary of State, arrange for the report to be published.
(6) Where the authority have reported to the Secretary of State, he shall publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education—
(a) a draft of the proposed order or regulations and any associated document, and
(b) a statement explaining his reasons for any failure to give effect to the recommendations of the authority,
and shall send copies of the documents mentioned in paragraphs (a) and (b) to the authority and to each of the persons consulted by the authority.
(7) The Secretary of State shall allow a period of not less than one month for the submission of evidence and representations as to the issues arising.
(8) When the period so allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.
(9) This section does not apply where—
(a) the Secretary of State proposes to make such an order as is, or such regulations as are, referred to in subsection (1), and
(b) arrangements for consultation about the proposed order or regulations were made before 1st September 1996 under section 242 of the [1993 c. 35.] Education Act 1993,
(and accordingly, the arrangements for consultation applicable in the case of the proposed order or regulations shall be those mentioned in paragraph (b) above).
(10) In subsection (2) “the appropriate curriculum authority” means—
(a) in relation to an order or regulations relating to maintained schools in England or pupils at such schools, the School Curriculum and Assessment Authority, and
(b) in relation to an order or regulations relating to maintained schools in Wales or pupils at such schools, the Curriculum and Assessment Authority for Wales.
The Secretary of State may incur expenses in connection with the commissioning by him of such work, including programmes of research, development and dissemination, as he may require to be carried out for the purpose of facilitating the discharge, in relation to Wales, of any of his functions under sections 354 to 356.
(1) A local education authority shall—
(a) determine, and keep under review, their policy in relation to the secular curriculum for the county, voluntary and special schools maintained by them, and
(b) make, and keep up to date, a written statement of that policy.
(2) In discharging their duty under subsection (1), the authority shall consider, in particular—
(a) the range of the secular curriculum, and
(b) the balance between its different components.
(3) In carrying out their functions under this Act or any other enactment, the authority shall have regard to their policy as expressed in their statement.
(1) This section applies to the articles of government for a county, controlled or maintained special school.
(2) The articles shall require the governing body to consider—
(a) the policy of the local education authority as expressed in the statement made by the authority under section 370,
(b) what, in the governing body’s opinion, should be the aims of the secular curriculum for the school, and
(c) how (if at all) the authority’s policy with regard to matters other than sex education should in their opinion be modified in relation to the school,
and to make, and keep up to date, a written statement of their conclusions.
(3) The articles shall require the governing body—
(a) to consider separately (while having regard to the local education authority’s statement under section 370) the question whether sex education should form part of the secular curriculum for the school, and
(b) to make, and keep up to date, a separate written statement—
(i) of their policy with regard to the content and organisation of the relevant part of the curriculum, or
(ii) where they conclude that sex education should not form part of the secular curriculum, of that conclusion.
(4) The articles shall require the governing body—
(a) when considering the matters mentioned in subsections (2) and (3), to do so in consultation with the head teacher and to have regard to any representations—
(i) which are made to them by any persons connected with the community served by the school, or
(ii) which are made to them by the chief officer of police and are connected with his responsibilities; and
(b) to consult the local education authority before making or varying any statement under subsection (2).
(5) The articles shall provide that the governing body may review their conclusions about the matters mentioned in subsection (2) or (3) whenever they think fit, and that they shall do so immediately following—
(a) the implementation of any proposals of a kind mentioned in subsection (7) which materially affect the school, or
(b) the implementation of any proposal under section 339 (establishment, alteration and discontinuance of maintained special school).
(6) The articles shall require the governing body, where they have completed such a review and consider it appropriate to make a fresh statement, to do so.
(7) The kinds of proposals referred to in subsection (5) are—
(a) proposals under section 35 (establishment, alteration etc. of a county school) or section 41 (establishment, alteration etc. of a voluntary school); and
(b) proposals for a voluntary school to be transferred to a new site in pursuance of an order under section 47;
and the reference above to proposals under section 35 includes a reference to proposals which would fall to be published by virtue of that section but for subsection (2)(b) of that section.
(8) In relation to sex education, this section has effect subject to section 404(3).
(1) The articles of government for a county, controlled or maintained special school shall—
(a) provide for the determination and organisation of the secular curriculum for the school to be the responsibility of the head teacher, and
(b) require the head teacher to secure that that curriculum is followed within the school.
(2) The articles shall provide that, in discharging his duties in relation to the secular curriculum for the school, the head teacher shall consider the statement made by the local education authority under section 370 and those made by the governing body by virtue of section 371.
(3) The articles shall also provide that, in discharging those duties, the head teacher shall have regard to any representations with regard to the determination or organisation of the secular curriculum—
(a) which are made to him by any persons connected with the community served by the school, or
(b) which are made to him by the chief officer of police and are connected with that officer’s responsibilities.
(4) The articles shall also provide that, in discharging those duties, the head teacher shall ensure that the secular curriculum—
(a) so far as it relates to sex education, is compatible with the governing body’s policy (as expressed in the statement made by them by virtue of section 371(3)) except where that policy is incompatible with any part of the syllabus for a course which forms part of that curriculum and leads to a public examination;
(b) so far as it relates to other matters, is compatible with the policy of the local education authority (as expressed in the statement made by them under section 370) as modified by the statement made by the governing body by virtue of section 371(2), and
(c) is compatible with the provisions of this Act and any other enactments relating to education (including, in particular, provisions relating to children with special educational needs).
(5) In relation to sex education subsection (4) has effect subject to section 404(3).
(1) The articles of government for an aided or special agreement school shall provide—
(a) for the content of the secular curriculum for the school to be under the control of the governing body,
(b) for the governing body to have regard to the policy of the local education authority as expressed in the statement made by the authority under section 370, and
(c) for the head teacher to be allocated by the governing body such functions as will, subject to the resources available, enable him to determine and organise the curriculum and secure that it is followed within the school.
(2) The articles shall require the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—
(a) which are made to them by any persons connected with the community served by the school, or
(b) which are made to them by the chief officer of police and are connected with his responsibilities.
Paragraph 4 of Schedule 23 has effect for securing the discharge by the governing body and the head teacher of a grant-maintained school of duties imposed on them under the provisions of this Part mentioned in paragraph 4(1).
(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” means a syllabus of religious education—
(a) prepared before the commencement of this Act in accordance with Schedule 5 to the [1944 c. 31.] Education Act 1944 or after commencement in accordance with Schedule 31, and
(b) adopted by a local education authority 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 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 local education authority 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 [1944 c. 31.] 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.
(1) In the case of a county school, the provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.
(2) No agreed syllabus shall provide for religious education to be given to pupils at a county school by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies).
(3) If, in the case of a county secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 389 to receive religious education elsewhere, the local education authority are satisfied—
(a) that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and
(b) that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall upon the authority,
the authority shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.
(1) In the case of a controlled school, the provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum shall be provision for religious education—
(a) in accordance with any arrangements made under subsection (2), or
(b) subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.
(2) Where the parents of any pupils at a controlled school request that they may receive religious education—
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a controlled school,
the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.
(1) In the case of an aided or special agreement school, the provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education—
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a voluntary school, or
(c) in accordance with any arrangements made under subsection (2).
(2) Where the parents of any pupils at an aided or special agreement school—
(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority, and
(b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,
arrangements shall be made (unless the authority are satisfied that because of any special circumstances it would be unreasonable to do so) for religious education in accordance with that syllabus to be given to those pupils in the school.
(3) Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 352(1)(a).
(4) Any arrangements under subsection (2) shall be made by the governing body, unless the local education authority are satisfied that the governing body are unwilling to make them, in which case they shall be made by the authority.
(5) Subject to subsection (4), the religious education given to pupils at an aided or special agreement school shall be under the control of the governing body.
(1) Subject to section 383, this section applies in relation to a grant-maintained school if—
(a) it was a county school immediately before it became grant-maintained,
(b) it was established in pursuance of proposals published under section 211, or
(c) it was established in pursuance of proposals published under section 212 and neither any trust deed relating to the school nor the statement required by paragraph 8 of Schedule 20 makes provision as to the religious education for pupils at the school.
(2) The provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education in accordance with the appropriate agreed syllabus.
(3) That syllabus shall not provide for religious education to be given to pupils at the school by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in the syllabus for the study of such catechisms or formularies).
(4) If, in the case of a secondary school so situated that arrangements cannot conveniently be made for the withdrawal of pupils from it in accordance with section 389 to receive religious education elsewhere, the governing body are satisfied—
(a) that the parents of any pupils at the school desire them to receive religious education in the school in accordance with the tenets of a particular religion or religious denomination, and
(b) that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall upon the governing body,
the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.
(1) Subject to section 383, this section applies in relation to a grant-maintained school which was a controlled school immediately before it became grant-maintained.
(2) The provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education—
(a) in accordance with any arrangements made under subsection (3), or
(b) subject to any such arrangements, in accordance with the appropriate agreed syllabus.
(3) Where the parents of any pupils at the school have requested (whether before or after the school became grant-maintained) that the pupils may receive religious education—
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a grant-maintained school,
the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.
(1) Subject to section 383, this section applies in relation to a grant-maintained school if—
(a) it was an aided or special agreement school immediately before it became grant-maintained, or
(b) it was established in pursuance of proposals published under section 212 and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 20 makes provision as to the religious education for pupils at the school.
(2) The provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education—
(a) in accordance with any provisions of any trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with—
(i) the practice observed in the school before it became a grant-maintained school, if it is a former aided or special agreement school, or
(ii) the statement required by paragraph 8 of Schedule 20, if it is a school established in pursuance of proposals published under section 212, or
(c) in accordance with any arrangements made under subsection (3).
(3) Where the parents of any pupils at the school—
(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority for the area in which the school is situated for use in schools maintained by the authority, and
(b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,
the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.
(4) Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 352(1)(a).
(5) The head teacher of a school to which this section applies shall give notice in writing of any agreed syllabus which is in use at the school in accordance with subsection (3) to the standing advisory council on religious education constituted by the local education authority in whose area the school is situated.
(1) For the purposes of sections 379(2) and 380(2) “the appropriate agreed syllabus”, in relation to a grant-maintained school or to any pupils at it, is—
(a) the agreed syllabus adopted for the time being by the local education authority for the area in which the school is situated for use in the schools maintained by the authority;
(b) if there is more than one such syllabus, such one of them as the governing body shall determine; or
(c) if the governing body select for the school or those pupils an agreed syllabus which—
(i) was adopted on or after 29th September 1988 by a local education authority other than the authority in whose area the school is situated, and
(ii) has not been replaced by a new agreed syllabus,
that syllabus.
(2) In relation to a school in Wales, in subsection (1)(c) “local education authority” means a local education authority in Wales.
(1) Subsection (2) applies where, in the case of a grant-maintained school in relation to which section 379 or 380 for the time being applies, proposals that the required provision for religious education should be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 261.
(2) From the time at which the proposals fall to be implemented—
(a) the required provision for religious education shall (subject to subsection (3)) be provision for religious education either in accordance with the tenets of that religion or religious denomination or in accordance with any arrangements made under section 381(3) (as applied by paragraph (b)),
(b) section 381(3) to (5) shall apply in relation to the school, and
(c) any provisions of section 379, 380, 385(4), 386 or 387 which apply in relation to the school shall cease to apply in relation to it.
(3) Where, in the case of any grant-maintained school, proposals that the required provision for religious education should be provision for religious education otherwise than in accordance with the tenets of a particular religion or religious denomination are approved under section 261—
(a) sections 379 and 386 shall apply in relation to the school from the time at which the proposals fall to be implemented, and
(b) any provisions of section 380 or 381 which apply in relation to the school shall cease to apply in relation to it from that time.
(4) In this section “the required provision for religious education”, in relation to a school, means the provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum.
Subject to section 389, in relation to any maintained school (other than a maintained special school)—
(a) the local education authority and the governing body shall exercise their functions with a view to securing, and
(b) the head teacher shall secure,
that religious education is given in accordance with the provision for such education included in the school’s basic curriculum by virtue of section 352(1)(a).
(1) Subject to section 389, all pupils in attendance at a maintained school other than a maintained special school shall on each school day take part in an act of collective worship.
(2) The arrangements for the collective worship in a school required by this section may, in respect of each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups.
(3) For the purposes of subsection (2) a “school group” is any group in which pupils are taught or take part in other school activities.
(4) Subject to subsection (6), the arrangements for the collective worship required by this section shall be made—
(a) in the case of a county school or a grant-maintained school in relation to which section 379 applies, by the head teacher after consultation with the governing body; and
(b) in the case of a voluntary school or a grant-maintained school other than one in relation to which section 379 applies, by the governing body after consultation with the head teacher.
(5) Subject to subsection (6), the collective worship in a school required by this section shall take place on the school premises.
(6) If the governing body of an aided, special agreement or grant-maintained school are of the opinion that it is desirable that any act of collective worship in the school required by this section should, on a special occasion, take place elsewhere than on the school premises, they may, after consultation with the head teacher, make such arrangements for that purpose as they think appropriate.
(7) The powers of a governing body under subsection (6) shall not be exercised so as to derogate from the rule that the collective worship in the school required by this section must normally take place on the school premises.
(1) Subsections (2) to (6) apply—
(a) (subject to section 387) in relation to a county school, and
(b) (subject to sections 383 and 387) in relation to a grant-maintained school in relation to which section 379 applies,
(2) The collective worship required in the school by section 385 shall be wholly or mainly of a broadly Christian character.
(3) For the purposes of subsection (2), collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.
(4) Not every act of collective worship in the school required by section 385 need comply with subsection (2) provided that, taking any school term as a whole, most such acts which take place in the school do comply with that subsection.
(5) Subject to subsections (2) and (4)—
(a) the extent to which (if at all) any acts of collective worship required by section 385 which do not comply with subsection (2) take place in the school,
(b) the extent to which any act of collective worship in the school which complies with subsection (2) reflects the broad traditions of Christian belief, and
(c) the ways in which those traditions are reflected in any such act of collective worship,
shall be such as may be appropriate having regard to any relevant considerations relating to the pupils concerned which fall to be taken into account in accordance with subsection (6).
(6) Those considerations are—
(a) any circumstances relating to the family backgrounds of the pupils which are relevant for determining the character of the collective worship which is appropriate in their case, and
(b) their ages and aptitudes.
(7) In subsections (2) to (6) as they apply in relation to a grant-maintained school, references to acts of collective worship in the school include such acts which by virtue of section 385(6) take place otherwise than on the school premises.
(1) Subsection (2) applies where—
(a) a standing advisory council on religious education determine (under section 394) that it is not appropriate for the requirement imposed by section 386(2) to apply in the case of a school or in the case of any class or description of pupils at a school, or
(b) such a council had so determined in the case of a grant-maintained school, or pupils at such a school, before the school became grant-maintained.
(2) While the determination has effect—
(a) section 386 shall not apply in relation to the school or (as the case may be) pupils in question, and
(b) the collective worship required by section 385 in the case of the school or pupils shall not be distinctive of any particular Christian or other religious denomination;
but paragraph (b) shall not be taken as preventing that worship from being distinctive of any particular faith.
(3) In this section references to a school are references to a county school or to a grant-maintained school in relation to which section 379 applies.
Education Act 1996