69Duty to secure due provision of religious education
(1)Subject to section 71, in relation to any community, foundation or voluntary school—
(a)the local education authority and the governing body shall exercise their functions with a view to securing, and
(b)the head teacher shall secure,
that religious education is given in accordance with the provision for such education included in the school’s basic curriculum by virtue of section 352(1)(a) of the [1996 c. 56.] Education Act 1996.
(2)Schedule 19 has effect for determining the provision for religious education which is required by section 352(1)(a) of that Act to be included in the basic curriculum of schools within each of the following categories, namely—
(a)community schools and foundation and voluntary schools which do not have a religious character,
(b)foundation and voluntary controlled schools which have a religious character, and
(c)voluntary aided schools which have a religious character.
(3)For the purposes of this Part a foundation or voluntary school has a religious character if it is designated as a school having such a character by an order made by the Secretary of State.
(4)An order under subsection (3) shall state, in relation to each school designated by the order, the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 (or, as the case may be, each such religion or religious denomination).
(5)The procedure to be followed in connection with—
(a)the designation of a school in an order under subsection (3), and
(b)the inclusion in such an order, in relation to a school, of the statement required by subsection (4),
shall be specified in regulations.