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Version Superseded: 30/06/2008
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School Standards and Framework Act 1998, Section 58 is up to date with all changes known to be in force on or before 14 August 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.
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(1)In this section—
(a)subsections (2) to (6) apply to a foundation or voluntary controlled school which has a religious character; and
(b)subsection (7) applies (subject to subsection (8)) to a voluntary aided school which has a religious character;
and references in this Chapter to a school which has (or does not have) a religious character shall be construed in accordance with section 69(3).
(2)Where the number of [F1teachers at] a school to which this subsection applies is more than two, [F2the teachers shall] include persons who—
(a)are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and
(b)are specifically appointed to do so.
(3)The number of reserved teachers in such a school shall not exceed one-fifth of [F3the total number of teachers], including the head teacher (and for this purpose, where [F3the total number of teachers] is not a multiple of five, it shall be treated as if it were the next higher multiple of five).
(4)The head teacher of such a school shall not, [F4while he remains] head teacher of the school, be a reserved teacher.
(5)Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—
(a)shall consult the foundation governors, and
(b)shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).
(6)If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they [F5may—
(a)in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and
(b)in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement.]
(7)If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the local education authority.
(8)Subsection (7) does not apply—
(a)where the school has a delegated budget, or
(b)to religious education in accordance with an agreed syllabus.
(9)In this section—
“the appropriate body” means—
in relation to a foundation school, the governing body, and
in relation to a voluntary controlled school, the local education authority;
“reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed [F6or engaged] at the school in pursuance of subsection (2).
Textual Amendments
F1Words in s. 58(2) substituted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(2)(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
F2Words in s. 58(2) substituted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(2)(b) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
F3Words in s. 58(3) substituted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
F4Words in s. 58(4) substituted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
F5Words in s. 58(6) substituted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(5) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
F6Words in s. 58(9) inserted (1.9.2003 for E., 1.4.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 3 para. 6(6) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2006/879, art. 4, Sch.
Modifications etc. (not altering text)
C1S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 49(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 50(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 51(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2243, reg. 52(3).
S. 58(2)-(6)(9) applied (with modifications) (1.9.1999) by S.I. 1999/2262, regs. 48, 49(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 50(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 51(3).
S. 58(2)-(6)(9) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(3).
C2S. 58(7) applied (1.9.1999) by S.I. 1999/2243, reg. 52(4).
S. 58(7) applied (1.9.1999) by S.I. 1999/2262, regs. 48, 52(4).
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