4(1)This paragraph applies to any voluntary aided school which has a religious character.E+W
(2)The required provision for religious education in the case of pupils at the school is provision for religious education—
(a)in accordance with any provisions of the trust deed relating to the school, or
(b)where provision for that purpose is not made by such a deed, in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 69(4), or
(c)in accordance with any arrangements made under sub-paragraph (3).
(3)Where the parents of any pupils at the school—
(a)desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority, and
(b)cannot with reasonable convenience cause those pupils to attend a school at which that syllabus is in use,
the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.
(4)Religious education under any such arrangements shall be given during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of [F1section 80(1)(a) or 101(1)(a) of the Education Act 2002].
(5)Any arrangements under sub-paragraph (3) shall be made by the governing body, unless the local education authority are satisfied that the governing body are unwilling to make them, in which case they shall be made by the authority.
(6)Subject to sub-paragraph (3), the religious education given to pupils at the school shall be under the control of the governing body.
Textual Amendments
F1Words in Sch. 19 para. 4(4) substituted (1.10.2002 for E. for specified purposes and 19.12.2002 for W., 1.3.2003 for E. so far as not already in force) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 117(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with Sch.); S.I. 2002/3185, art. 4, Sch. Pt. I; S.I. 2003/124, art. 2