Education Act 1996 (c. 56)

SCHEDULES

Section 375.

SCHEDULE 31 E+W Agreed syllabuses of religious education [F1 and Religion, Values and Ethics]

Textual Amendments

F1 Words in Sch. 31 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

[F2 Duty to convene conference to prepare first syllabus of Religion, Values and Ethics: Wales E+W

Textual Amendments

F2 Sch. 31 para. A1 and cross-heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(3) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

A1 E+W A local authority in Wales must convene a conference for the purpose of preparing the first syllabus of Religion, Values and Ethics to be adopted by the local authority under section 375A.]

Duty to convene conference to reconsider agreed syllabus E+W

1 (1) Where the agreed syllabus for the time being adopted by a [F3 local 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.

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

Marginal Citations

M1 1944 c. 31.

2 (1) A [F3 local 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.

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

3 E+W On receipt by a [F3 local 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.

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

Constitution of conference E+W

4 (1) A conference convened under this Schedule shall consist of such groups of persons (“committees”) appointed by the [F3 local authority] which convenes the conference as are required by sub-paragraph (2). E+W

(2) Those committees are—

(a) [F4 in the case of an area in England,] 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;

[F5 (aa) in the case of an area in Wales, a committee of persons representing—

(i) Christian denominations and other religions and denominations of such religions, and

(ii) non-religious philosophical convictions;]

(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 [F6 by a local authority in England] 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.

[F7 (5) A local authority in Wales, in appointing persons to a representative group under sub-paragraph (2)(aa), must take all reasonable steps to secure the outcome referred to in sub-paragraph (6).

(6) The outcome is that the number of members appointed to the committee to represent a religion, denomination or non-religious philosophical conviction shall, so far as consistent with the efficient discharge of the committee's functions, reflect broadly the proportionate strength of that religion, denomination or non-religious philosophical conviction in the area.

(7) In this paragraph, “non-religious philosophical conviction” has the same meaning as in section 375A(3).]

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F4 Words in Sch. 31 para. 4(2)(a) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(4)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F5 Sch. 31 para. 4(2)(aa) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(4)(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F6 Words in Sch. 31 para. 4(4) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(5) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F7 Sch. 31 para. 4(5)-(7) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(6) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

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 [F8 , philosophical conviction] or associations as a member of a committee, the [F3 local authority] shall take all reasonable steps to assure themselves that he is representative of the religion, denomination [F8 , philosophical conviction] 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 [F9 , philosophical conviction] 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).

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F8 Words in Sch. 31 para. 7(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(7)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F9 Words in Sch. 31 para. 7(2) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(7)(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

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 [F3 local authority] if, in their opinion, he ceases to be representative of the religion, denomination [F10 , philosophical conviction] or associations which he was appointed to represent or (as the case may be) of the authority.

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F10 Words in Sch. 31 para. 8 inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(8) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

9 E+W Where a person resigns or is withdrawn from a committee, the [F3 local authority] shall appoint someone in his place in the same manner as that in which they made the original appointment.

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

[F11 Adoption of first syllabus of Religion,Values and Ethics: Wales E+W

Textual Amendments

F11 Sch. 31 para. 9A and cross-heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(9) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

9A (1) This paragraph applies where a local authority in Wales convene a conference for the purpose of preparing the first syllabus of Religion, Values and Ethics to be adopted by the authority under section 375A. E+W

(2) If—

(a) the conference unanimously recommend a syllabus for adoption by the authority under section 375A, and

(b) it appears to the authority that the recommended syllabus meets the condition in sub-paragraph (3),

the authority may give effect to the recommendation by adopting the syllabus.

(3) The condition is that the syllabus—

(a) reflects the fact that the religious traditions in Wales are mainly Christian, while taking account of the teaching and practices of the other principal religions represented in Wales, and

(b) also reflects the fact that a range of non-religious philosophical convictions (within the meaning of section 375A(3)) are held in Wales.

(4) If—

(a) the authority report to the Welsh Ministers that the conference are unable unanimously to recommend a syllabus for adoption under section 375A,

(b) the authority report to the Welsh Ministers that the condition in sub-paragraph (3) prevents them from giving effect to the unanimous recommendation of the conference, or

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

the Welsh Ministers must proceed in accordance with paragraph 12.]

Reconsideration of agreed syllabus E+W

10 (1) [F12 Sub-paragraph (2) applies where a local authority in England] 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 [F3 local 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.

[F13 (2A) Sub-paragraphs (2B) and (2C) apply where a local authority in Wales cause a conference to be convened for the purpose of reconsidering any agreed syllabus under paragraph 2 or 3.

(2B) 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 authority that the condition in sub-paragraph (2C) has been met in relation to the syllabus,

the authority may give effect to the recommendation.

(2C) The condition in this sub-paragraph is met in relation to a syllabus if the syllabus—

(a) reflects the fact that the religious traditions in Wales are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Wales, and

(b) also reflects the fact that a range of non-religious philosophical convictions (within the meaning of section 375A(3)) are held in Wales.

(2D) Sub-paragraph (3) applies in relation to local authorities in England and local authorities in Wales.]

(3) If—

(a) the authority report to the Secretary of State [F14 (in the case of an authority in England) or to the Welsh Ministers (in the case of an authority in Wales)] 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 [F3 local authority] consider that sub-paragraph (2)(b) [F15 or, as the case may be, (2B)(b),] prevents them from giving effect to the recommendation, or

(c) it appears to the Secretary of State [F16 or, as the case may be, the Welsh Ministers,] that the authority have failed to exercise their power under sub-paragraph (2) [F17 or, as the case may be, sub-paragraph (2B)] to give effect to the unanimous recommendation of the conference,

the Secretary of State [F18 or, as the case may be, the Welsh Ministers,] shall proceed in accordance with paragraph 12.

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F12 Words in Sch. 31 para. 10(1) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(10)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F13 Sch. 31 para. 10(2A)-(2D) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(10)(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F14 Words in Sch. 31 para. 10(3)(a) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(10)(c) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F15 Words in Sch. 31 para. 10(3)(b) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(10)(d) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F16 Words in Sch. 31 para. 10(3)(c) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(10)(e)(i) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F17 Words in Sch. 31 para. 10(3)(c) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(10)(e)(ii) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F18 Words in Sch. 31 para. 10(3) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(10)(e)(iii) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F19 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 31 para. 11 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 188, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

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

[F20 (1A) Where required by paragraph 9A or 10 to proceed in accordance with this paragraph, the Welsh Ministers shall appoint a body of persons appearing to the Welsh Ministers to possess relevant experience to prepare a syllabus of Religion, Values and Ethics.]

(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.

Textual Amendments

F20 Sch. 31 para. 12(1A) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(11) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

13 (1) The appointed body shall— E+W

(a) give the [F3 local 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 [F21 or, as the case may be, a syllabus of Religion, Values and Ethics]; and

(c) transmit a copy of that syllabus to the authority and [F22 —

(i) in the case of a body appointed by the Secretary of State, to the Secretary of State;

(ii) in the case of a body appointed by the Welsh Ministers, to the Welsh Ministers.]

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

Textual Amendments

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))

F21 Words in Sch. 31 para. 13(1)(b) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(12)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F22 Words in Sch. 31 para. 13(1)(c) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(12)(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

14 [F23 (1)] The syllabus prepared by [F24 a body appointed under paragraph 12 by the Secretary of State] 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— E+W

(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.

[F25 (2) The syllabus prepared by a body appointed by the Welsh Ministers under paragraph 12 shall be deemed to be the syllabus adopted by the authority under section 375A—

(a) as from such date as the Welsh Ministers may direct, and

(b) until a new syllabus is adopted by that authority under that section.]

Textual Amendments

F23 Sch. 31 para. 14 renumbered as Sch. 31 para. 14(1) (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(13)(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F24 Words in Sch. 31 para. 14(1) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(13)(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F25 Sch. 31 para. 14(2) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(13)(c) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

[F26 Guidance E+W

Textual Amendments

F26 Sch. 31 para. 14A and cross-heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 26(14) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

14A (1) In exercising functions under this Schedule, each of the persons specified in sub-paragraph (2) must have regard to any guidance given by the Welsh Ministers. E+W

(2) The persons are—

(a) a local authority in Wales;

(b) a conference convened by a local authority in Wales under this Schedule;

(c) a body of persons appointed by the Welsh Ministers under paragraph 12.]

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

F27 15 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Sch. 31 para. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 188, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1