Education Act 1993

140 Former aided or special agreement schools and certain schools established as grant-maintained schools

(1) Subject to section 141 of this Act, this section applies in relation to a grant-maintained school if—

(a) it was an aided or special agreement 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) 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 shall be provision for religious education—

(a) in accordance with any provisions of any trust deed relating to the school or, where provision for that purpose is not made by such a deed—

(i) in the case of a former aided or special agreement school, in accordance with the practice observed in the school before it became a grant-maintained school, or

(ii) in the case of a school established in pursuance of proposals published under section 49 of this Act, in accordance with the statement required by paragraph 8 of Schedule 3 to this Act, or

(b) in accordance with any arrangements made under subsection (3) below.

(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 for the area in which the school is situated for use in schools maintained by the 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 section 2(1)(a) of the [1988 c. 40.] Education Reform Act 1988.

(5) The head teacher of a school to which this section applies shall give notice in writing to the council constituted under section 11 of that Act (standing advisory councils on religious education) by the local education authority in whose area the school is of any agreed syllabus which is in use at the school in accordance with subsection (3) above.