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- Point in Time (01/09/2022)
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Version Superseded: 01/09/2023
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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 [F2in England] which has a religious character; and
(b)subsection (7) applies (subject to subsection (8)) to a voluntary aided school [F3in England] 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 [F4in relation to a school in England,] in accordance with F5... section 69(3).
(2)Where the number of [F6teachers at] a school to which this subsection applies is more than two, [F7the 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 [F8the total number of teachers], including the head teacher (and for this purpose, where [F8the total number of teachers] is not a multiple of five, it shall be treated as if it were the next higher multiple of five).
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F10may—
(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 [F11local 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 [F11local authority];
“reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed [F12or engaged] at the school in pursuance of subsection (2).
Textual Amendments
F1Word in s. 58 heading 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(3)(a)
F2Words in s. 58(1)(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(3)(b)(i)
F3Words in s. 58(1)(b) 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(3)(b)(ii)
F4Words in s. 58(1) 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(3)(b)(iii)(aa)
F5Words in s. 58(1) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 4(3)(b)(iii)(bb)
F6Words 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.
F7Words 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.
F8Words 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.
F9S. 58(4) repealed (30.6.2008 for W., 1.9.2008 for E.) by Education and Inspections Act 2006 (c. 40), ss. 37(1), 188(3), Sch. 18 Pt. 6; S.I. 2008/1429, art. 3(1), Sch. Pt. 1; S.I. 2008/1971, art. 2(a)
F10Words 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.
F11Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
F12Words 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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