Education Act 1993

Religious education, worship etc.: religious opinions etc. of staff

143 Former county schools and certain schools established as grant-maintained schools

(1) Subject to section 145 of this Act, subsections (2) to (4) below apply in relation to a grant-maintained school if—

(a) it was a county school immediately before it became grant-maintained,

(b) it was established in pursuance of proposals published under section 48 of this Act, or

(c) it was established in pursuance of proposals published under section 49 of this Act and neither any trust deed relating to the school nor the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.

(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—

(a) for being a teacher at the school, or

(b) for being employed (otherwise than as a teacher) for the purposes of the school.

(3) No teacher at the school shall be required to give religious education.

(4) No teacher at the school shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—

(a) by reason of the fact that he does or does not give religious education, or

(b) by reason of his religious opinions or of his attending or omitting to attend religious worship.

144 Former voluntary schools and certain schools established as grant-maintained schools

(1) Subject to section 145 of this Act, subsections (2) and (3) below apply in relation to a grant-maintained school if—

(a) it was a voluntary school immediately before it became grant-maintained, or

(b) it was established in pursuance of proposals published under section 49 of this Act and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to this Act makes provision as to the religious education for pupils at the school.

(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, for being employed (otherwise than as a teacher) for the purposes of the school.

(3) No teacher at the school shall receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage—

(a) by reason of the fact that he gives religious education, or

(b) by reason of his religious opinions or of his attending religious worship.

(4) Without prejudice to subsections (2) and (3) above, in the case of a school which was a voluntary school immediately before it became grant-maintained, any of the provisions of section 30 of the [1944 c. 31.] Education Act 1944 (saving as to position of teachers) which, immediately before the school became grant-maintained, applied in relation to a teacher in the school shall continue to apply in relation to him until he ceases to be employed as a teacher in the school.

145 Changes in religious character of schools

(1) Where, in the case of a school in relation to which section 143(2) to (4) of this Act for the time being applies, proposals that the required provision for religious education should be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of this Act—

(a) section 144(2) and (3) of this Act shall apply in relation to the school from the time at which the proposals fall to be implemented, and

(b) subject to subsection (2) below, section 143(2) to (4) of this Act shall cease to apply in relation to the school from that time.

(2) Without prejudice to section 144(2) and (3) of this Act, section 143(2) to (4) of this Act shall continue to apply in relation to any teacher who was employed at the school immediately before the proposals referred to in subsection (1) above fell to be implemented until he ceases to be employed as a teacher at the school.

(3) Where, in the case of any grant-maintained school, proposals that the required provision for religious education should be provision for religious education otherwise than in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of this Act—

(a) section 143(2) to (4) of this Act shall apply in relation to the school from the time at which the proposals fall to be implemented, and

(b) section 144(2) and (3) of this Act shall cease to apply in relation to the school from that time.

(4) In this section, “the required provision for religious education”, in relation to a school, means the provision for religious education for pupils at the school which is required by section 2(1)(a) of the [1988 c. 40.] Education Reform Act 1988 to be included in the school’s basic curriculum.