The Designation of Schools Having a Religious Character (England) Order 1999

• (f) the inclusion of a description of the ethos of the school in the instrument of government under paragraph 1(1)(g) of Schedule 12 to the Act.

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. 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 England, the religions 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 1998 Act are currently the Christian, Muslim, Jewish and Sikh religions. The relevant religious denominations within Christianity are the Church of England, the Roman Catholic Church, the Methodist Church, the United Reformed Church, the Free Church, the Congregational Church, the Seventh-Day Adventist Church and the Quakers.

Designation as a school with a religious character will not be accepted by the Secretary of State as conclusive evidence that an endowment has been held or used, wholly or partly, in connection with the provision 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 of England 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 other supporting evidence would be considered.

A statement in the Order in relation to a school that the 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 1998 Act, is Roman Catholic, does not determine whether or not the school is a Catholic school according to canon law.

Footnotes

Editorial notes

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