Education Act 1996

554 Power to make new provision as to use of endowments

(1) This section applies where—

(a) the premises of a voluntary or grant-maintained school have ceased to be used for a voluntary or (as the case may be) grant-maintained school; or

(b) in the opinion of the Secretary of State it is likely such premises will cease to be so used.

(2) In such a case the Secretary of State may (subject to sections 555 and 556(1) and (2)) by order make new provision as to the use of any endowment if it is shown either—

(a) that the endowment is or has been held wholly or partly for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religion or religious denomination; or

(b) that the endowment is or has been used wholly or partly for or in connection with the provision at the school of such religious education and that (subject to subsection (4)) the requirements of subsection (3) are fulfilled.

(3) The requirements of this subsection are—

(a) that the school was or has been maintained as a voluntary school since 1st April 1945 (the date when Part II of the [1944 c. 31.] Education Act 1944 came into force) or, in the case of a grant-maintained school, was so maintained from that date until immediately before it became a grant-maintained school; and

(b) that religious education in accordance with the tenets of the religion or denomination concerned—

(i) is, and has been from that date, provided at the school, or

(ii) where the premises have ceased to be used for the purposes of the school, was provided at the school from that date until immediately before the premises ceased to be so used,

in pursuance of section 377 or 378 or section 380 or 381 (or any corresponding earlier enactment).

(4) For the purposes of this section—

(a) where in the case of any school falling within subsection (3)(a) it is shown—

(i) that religious education in accordance with the tenets of a particular religion or denomination is provided at the school, or

(ii) if the premises have ceased to be used for the purposes of the school, such religious education was so provided immediately before the premises ceased to be so used,

such religious education shall be taken to have been provided at the school from 1st April 1945, unless the contrary is shown; and

(b) where religious education in accordance with such tenets is shown to have been given to any pupils at a controlled school or a grant-maintained school which was a controlled school immediately before it became a grant-maintained school, the religious education shall be taken to have been given to them at the request of their parents, unless the contrary is shown.

(5) For the purposes of this section—

• “endowment” includes property not subject to any restriction on the expenditure of capital; and

• “shown” means shown to the satisfaction of the Secretary of State.

(6) This section applies where the premises of a non-provided public elementary school ceased before 1st April 1945 to be used for such a school as it applies where the premises of a voluntary school have ceased to be used for such a school.