The Designation of Schools having a Religious Character (England) (No. 2) Order 2008

Made: 1st December 2008

In exercise of the powers conferred on the Secretary of State by section 69(3) and (4) and 138(7) of the School Standards and Framework Act 1998¹, and having followed the procedure specified in the Religious Character of Schools (Designation Procedure) Regulations 1998², the Secretary of State for Children, Schools and Families makes the following Order:

Citation

1

This Order may be cited as the Designation of Schools having a Religious Character (England) (No. 2.) Order 2008.

Interpretation

2

In this Order “the relevant religion or religious denomination” means 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 School Standards and Framework Act 1998 (or, as the case may be, each such religion or religious denomination).

Designation of the schools

3

The schools listed in the Schedule (all of which are voluntary or foundation schools or new schools that have temporary governing bodies and which will be such when established) are hereby designated as schools having a religious character.

4

The relevant religious denomination in relation to each school listed in column (1) of the Schedule is stated opposite thereto in column (3).

SCHEDULE 1 — Schools having a religious character

Signed

J D Loosley — A Deputy Director in the — Department for Children, Schools and Families — 1st December 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order designates further voluntary schools as having a religious character in accordance with section 69(3) of the School Standards and Framework Act 1998 (“the Act”).

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 having regard to the code of practice issued under section 84;

• (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 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 attributes of the school or its governing body as described in the Religious Character of Schools (Designation Procedure) Regulations 1998 (SI 1998/2535). Pursuant to section 18(4) of the Education and Inspections Act 2006 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.

Designation by this Order 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.

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

Footnotes