Education Act 1996 (c. 56)

SCHEDULES

Section 375.

SCHEDULE 31 E+W Agreed syllabuses of religious education

Duty to convene conference to reconsider agreed syllabus E+W

1 (1) Where the agreed syllabus for the time being adopted by a local education authority was adopted by them on or after 29th September 1988 but before 1st April 1994, they shall, within the period of five years beginning with the date on which they adopted the syllabus, convene a conference for the purpose of reconsidering the syllabus. E+W

(2) Sub-paragraph (1) does not apply where the authority have already convened such a conference on or after 1st April 1994 in pursuance of paragraph 12(3) of Schedule 5 to the M1 Education Act 1944.

Marginal Citations

M1 1944 c. 31.

2 (1) A local education authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after 1st April 1994). E+W

(2) No such conference shall be convened later than the end of the period of five years beginning with the date (falling after 31st March 1994) on which—

(a) the authority adopted the syllabus, or

(b) the authority gave effect to a recommendation under paragraph 10(2) below (or under paragraph 13 of Schedule 5 to the Education Act 1944) that the syllabus should continue to be the agreed syllabus.

3 E+W On receipt by a local education authority of written notification of any such requirement as is mentioned in section 391(3), the authority shall cause a conference to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

Constitution of conference E+W

4 (1) A conference convened under this Schedule shall consist of such groups of persons (“committees”) appointed by the local education authority which convenes the conference as are required by sub-paragraph (2). E+W

(2) Those committees are—

(a) a committee of persons representing 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;

(b) except in the case of an area in Wales, a committee of persons representing the Church of England;

(c) a committee of persons representing 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 committee of persons representing the authority.

(3) Where a committee is required to be appointed by virtue of sub-paragraph (2)(b), the committee required to be appointed by virtue of sub-paragraph (2)(a) shall not include persons appointed to represent the Church of England.

(4) The number of persons appointed under sub-paragraph (2)(a) to represent each denomination or religion required to be represented shall, so far as is consistent with the efficient discharge of the committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

5 E+W Any sub-committees appointed by the conference shall each include at least one member of each of the committees constituting the conference.

6 E+W On any question to be decided by the conference or by any sub-committee of the conference, a single vote shall be given for each of the committees constituting the conference.

7 (1) Before appointing a person to represent any religion, denomination or associations as a member of a committee, the local education authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question. E+W

(2) No proceedings under this Schedule shall be invalidated on the ground that a member of a committee did not represent the religion, denomination or associations which he was appointed to represent, unless it is shown that the authority failed to take the steps required by sub-paragraph (1).

8 E+W A person appointed as a member of a committee—

(a) may resign his membership, or

(b) may be withdrawn from membership by the local education authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) of the authority.

9 E+W Where a person resigns or is withdrawn from a committee, the local education authority shall appoint someone in his place in the same manner as that in which they made the original appointment.

Reconsideration of agreed syllabus E+W

10 (1) This paragraph applies where a local education authority cause a conference to be convened for the purpose of reconsidering any agreed syllabus under any of paragraphs 1 to 3. E+W

(2) If—

(a) the conference—

(i) unanimously recommend that the existing syllabus should continue to be the agreed syllabus, or

(ii) unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus, and

(b) it appears to the local education authority that the syllabus or, as the case may be, the new syllabus, reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain,

the authority may give effect to the recommendation.

(3) If—

(a) the authority report to the Secretary of State that the conference are unable to reach unanimous agreement, or

(b) the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local education authority consider that sub-paragraph (2)(b) prevents them from giving effect to the recommendation, or

(c) it appears to the Secretary of State that the authority have failed to exercise their power under sub-paragraph (2) to give effect to the unanimous recommendation of the conference,

the Secretary of State shall proceed in accordance with paragraph 12.

11 Where any agreed syllabus for the time being adopted by a local education authority which is in use at a grant-maintained school within the area of the authority (or for any pupils at such a school) falls to be reconsidered under this Schedule, the conference shall consult the governing body of the grant-maintained school before making any recommendation.

Preparation of new syllabus by appointed body E+W

12 (1) Where required by paragraph 10 to proceed in accordance with this paragraph, the Secretary of State shall appoint a body of persons having experience in religious education to prepare a syllabus of religious education. E+W

(2) The appointed body shall, so far as is practicable, be of a representative character which is the same as that required by paragraph 4 in the case of a conference.

13 (1) The appointed body shall— E+W

(a) give the local education authority, the conference and every committee constituting the conference an opportunity of making representations to it;

(b) after considering any such representations made to it, prepare a syllabus of religious education; and

(c) transmit a copy of that syllabus to the authority and to the Secretary of State.

(2) Subject to sub-paragraph (1)(a), the appointed body may conduct its proceedings in such manner as it thinks fit.

14 E+W The syllabus prepared by the appointed body shall be deemed to be the agreed syllabus adopted for use in the schools for which, or for the class or description of pupils for which, it was prepared—

(a) as from such date as the Secretary of State may direct, and

(b) until a new syllabus is adopted for use in those schools, or for pupils of that class or description, in accordance with this Schedule.

Special provisions applicable where order under section 27(1)(b) applies E+W

15 (1) This paragraph has effect in respect of the area of a local education authority if an order under section 27(1)(b) (allocation of responsibility for providing sufficient school places to funding authority) applies to the area.

(2) Within six months of the date of the first such order the authority shall reconvene any conference—

(a) which they have convened under any of paragraphs 1 to 3 above (or for the purpose set out in paragraph 1 or 12 of Schedule 5 to the M2 Education Act 1944 (preparation and reconsideration of agreed syllabuses) or section 11(8) of the M3 Education Reform Act 1988 (standing advisory councils on religious education)), and

(b) which has not made a recommendation under paragraph 10(2)(a) above (or under paragraph 9 or 13(2) of that Schedule), and

(c) in respect of which the authority have not made a report under paragraph 10(3)(a) above (or under paragraph 10 or 13(4) of that Schedule).

(3) Where a conference is convened (or reconvened) after the date of the order—

(a) paragraph 4 shall have effect as if it required the appointment of a committee, in addition to those listed in sub-paragraph (2)(a) to (d) of that paragraph, consisting of persons representing relevant grant-maintained schools, and

(b) paragraph 11 shall have effect only in relation to grant-maintained schools, or pupils at such schools, at which the syllabus is in use in accordance with section 381(3);

and paragraph 4(4) shall apply in relation to a conference reconvened by virtue of this paragraph (whether or not it applied when the conference was originally convened).

(4) Before appointing a person to represent relevant grant-maintained schools in accordance with sub-paragraph (3)(a), the local education authority shall take all reasonable steps to assure themselves that he is acceptable as such to the governing bodies of the majority of such schools.

(5) No proceedings under this Schedule shall be invalidated on the ground that any such person was not so acceptable unless it is shown that the local education authority failed to take those steps.

(6) A person so appointed—

(a) may resign his membership of the committee, or

(b) may be withdrawn from the committee by the local education authority if, in their opinion, he ceases to be acceptable as a representative of relevant grant-maintained schools to the governing bodies of the majority of such schools.

(7) Where any such person resigns or is withdrawn from the committee, the local education authority shall appoint someone in his place in the same manner as that in which they made the original appointment.

(8) For the purposes of this paragraph “relevant grant-maintained schools” means those grant-maintained schools within the area of the local education authority in relation to which section 379 or 380 applies.

Marginal Citations

M2 1944 c. 31.

M3 1988 c. 40.