Title, commencement and application

1.—(1) The title of this Order is the Designation of Schools Having a Religious Character (Wales) Order 2007.

(2) This Order comes into force on 1 May 2007.

(3) This Order applies in relation to Wales.

Revocation

2.  This Order revokes and replaces the Designation of Schools Having a Religious Character (Wales) Order 1999(4), and the Designation of Schools Having a Religious Character and Amendments (Wales) Order 2004(5).

Interpretation

3.  In this Order “the relevant religion or religious denomination” (“y grefydd 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 a school in accordance with Schedule 19 to the School Standards and Framework Act 1998(6).

Designation of the Schools

4.—(1) The schools listed in the Schedule to this Order are designated as schools having a religious character.

(2) The relevant religion or religious denomination in relation to a school listed in the Schedule to this Order is—

(a) Church in Wales, in the case of a school listed in Part I of the Schedule;

(b) Roman Catholic, in the case of a school listed in Part II of the Schedule; and

(c) Roman Catholic and Anglican school, in the case of a school listed in Part III of the Schedule.

Article 4

THE SCHEDULE

PART I SCHOOLS WHOSE RELIGIOUS CHARACTER IS CHURCH IN WALES

PART II SCHOOLS WHOSE RELIGIOUS CHARACTER IS ROMAN CATHOLIC

PART III SCHOOLS WHOSE RELIGIOUS CHARACTER IS ROMAN CATHOLIC AND ANGLICAN

Explanatory Note

(This note is not part of the Order)

This Order, which comes into force on 1 May 2007, designates schools in Wales which have a religious character in accordance with section 69(3) of the School Standards and Framework Act 1998 (“the Act”).

This Order revokes and replaces the Designation of Schools Having a Religious Character (Wales) Order 1999 (S.I. 1999/1814), and the Designation of Schools Having a Religious Character and Amendments (Wales) Order 2004 (S.I. 2004/1734 (W.177)).

This Order is made to reflect:—

(i) the closure of some schools listed in the Orders made in 1999 and 2004;

(ii) the change of category of some schools listed in the Orders made in 1999 and 2004; and

(iii) the opening of some schools.

Designation as a school which has a religious character is relevant for a number of purposes under the Act, notably:—

(a) as part of the mechanism for determining the form of religious education to be provided under Schedule 19 to the Act;

(b) as part of the mechanism for determining the form of collective worship to be provided under Schedule 20 to the Act.

(c) as part of the mechanism for determining school staffing matters under sections 58 to 60 of the Act;

(d) for the purposes of the determination of admission arrangements under section 89 of the Act; and

(e) for the purposes of the disposition of assets under paragraph 5 of Schedule 3 to the Act, so that assets can be re-assigned for the benefit of schools of the same religion or religious denomination.

Designation as a school with a religious character will not be accepted as conclusive evidence that an endowment has been held or used, wholly or partly, in connection with the provisions at the school of religious education for the purposes of section 554(2) of the Education Act 1996. Section 554 enables appropriate authorities of any religious denomination or religion (but normally Church in Wales diocesan authorities) to make fresh provision for endowments held or used for the provision of religious education. This normally happens as a result of a school closing. In confirming eligibility for an order, the trust deeds and supporting evidence would be considered.

Designation by this Order is not of itself a means of acquiring a religious character or of changing religious character. Designation is the recognition of certain existing attributes of the school or its governing body as described in the Religious Character of Schools (Designation Procedure) Regulations 1998 (S.I. 1998/2535). Under the Act a school must first close if it is to acquire a religious character, if it does not, as a question of fact, have one already, or where it is to change its religious character.

In Wales, the only religion in accordance with those tenets religious education is, or may be, required to be provided at a school in accordance with Schedule 19 to the Act is currently the Christian religion. The relevant religious denominations within Christianity are the Church in Wales and the Roman Catholic Church

A statement in the Order in relation to a school that the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the Act, is Roman Catholic does not determine whether or not the school is a Roman Catholic Church school according to canon law.