- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
School Standards and Framework Act 1998, Cross Heading: Religious opinions etc. of staff is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies to—
(a)a community school or a community or foundation special school, or
(b)a foundation or voluntary school which does not have a religious character.
(2)No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship—
(a)from being a teacher at the school, or
(b)from being employed [F1or engaged] for the purposes of the school otherwise than as a teacher.
(3)No teacher at the school shall be required to give religious education [F2(in the case of a school in England) or to provide teaching and learning in Religion, Values and Ethics (in the case of a school in Wales)].
(4)No teacher at the school shall receive any less remuneration 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 [F3or (as the case may be) provide teaching and learning in Religion, Values and Ethics], or
(b)by reason of his religious opinions or of his attending or omitting to attend religious worship.
Textual Amendments
F1Words in s. 59(2)(b) inserted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 7 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
F2Words in s. 59(3) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 4(5)(a)
F3Words in s. 59(4)(a) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 4(5)(b)
Modifications etc. (not altering text)
C1S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 49(2).
S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 50(4).
S. 59 applied (1.9.1999) by S.I. 1999/2243, reg. 51(2).
S. 59 applied with modifications (1.9.1999) by S.I. 1999/2243, reg. 52(5).
S. 59 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(2).
S. 59 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(4).
S. 59 applied with modifications (1.9.1999) by S.I. 1999/2262, regs. 48, 51(2).
S. 59 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(4).
C2S. 59(2)-(4) modified (1.9.1999) by S.I. 1999/2243, reg. 50(5).
S. 59(2)-(4) applied (with modifications) by S.I. 1999/2243, reg. 52(6).
S. 59(2)-(4) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 50(5).
S. 59(2)-(4) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 52(6).
C3S. 59(2)-(4) continued (28.7.2010) by The Academies Act 2010 (Commencement and Transitional Provisions) Order 2010 (S.I. 2010/1937), art. 5
(1)This section applies to a foundation or voluntary school which has a religious character.
(2)If the school is a foundation or voluntary controlled school, then (subject to subsections (3) and (4) below) section 59(2) to (4) shall apply to the school as they apply to a foundation or voluntary controlled school which does not have a religious character.
(3)Section 59(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school.
(4)In connection with the appointment of a person to be head teacher of the school (whether foundation or voluntary controlled) [F4in a case where the head teacher is not to be a reserved teacher] regard may be had to that person’s ability and fitness to preserve and develop the religious character of the school.
(5)If the school is a voluntary aided school—
(a)preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons—
(i)whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under [F5section 68A or] section 69(4), or
(ii)who attend religious worship in accordance with those tenets, or
(iii)who give, or are willing to give, religious education at the school in accordance with those tenets [F6(in the case of a school in England) or to provide teaching and learning in Religion, Values and Ethics in accordance with those tenets (in the case of a school in Wales)]; and
(b)regard may be had, in connection with the termination of the employment [F7or engagement] of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.
(6)If the school is a voluntary aided school [F8in Wales], no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed [F9or engaged] for the purposes of the school otherwise than as a teacher.
(7)Where immediately before the appointed day a teacher at a school which on that day becomes a school to which this section applies enjoyed, by virtue of section 304 or 305 of the M1Education Act 1996 (religious opinions of staff etc.), any rights not conferred on him by this section as a teacher at a school to which it applies, he shall continue to enjoy those rights (in addition to those conferred by this section) until he ceases to be employed as a teacher at the school.
(8)In this section “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of section 58(2).
Textual Amendments
F4Words in s. 60(4) inserted (30.6.2008 for W., 1.9.2008 for E.) by Education and Inspections Act 2006 (c. 40), ss. 37(2)(a), 188(3); S.I. 2008/1429, art. 3(1), Sch. Pt. 1; S.I. 2008/1971, art. 2(a) (with art. 3)
F5Words in s. 60(5)(a)(i) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), ss. 73, 84(1), Sch. 2 para. 31
F6Words in s. 60(5)(a)(iii) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 4(6)
F7Words in s. 60(5)(b) inserted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 8(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
F8Words in s. 60(6) inserted (1.9.2008 for E.) by Education and Inspections Act 2006 (c. 40), ss. 37(2)(b), 188(3); S.I. 2008/1971, art. 2(a) (with art. 3)
F9Words in s. 60(6) inserted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 8(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
Modifications etc. (not altering text)
C4S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 49(3).
S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 50(5).
S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 51(3).
S. 60 applied (1.9.1999) by S.I. 1999/2243, reg. 52(6).
S. 60 applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(3).
S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(5).
S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 51(3).
S. 60 applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(6).
C5S. 60(7) continued (28.7.2010) by The Academies Act 2010 (Commencement and Transitional Provisions) Order 2010 (S.I. 2010/1937), art. 6
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys